Adema
Scanners, collectors and aggregators. On the underground movement of (pirated) theory text sharing
2009
# Scanners, collectors and aggregators. On the ‘underground movement’ of
(pirated) theory text sharing
_“But as I say, let’s play a game of science fiction and imagine for a moment:
what would it be like if it were possible to have an academic equivalent to
the peer-to-peer file sharing practices associated with Napster, eMule, and
BitTorrent, something dealing with written texts rather than music? What would
the consequences be for the way in which scholarly research is conceived,
communicated, acquired, exchanged, practiced, and understood?”_
Gary Hall – [Digitize this
book!](http://www.upress.umn.edu/Books/H/hall_digitize.html) (2008)
Ubu
web was founded in 1996 by poet [Kenneth
Goldsmith](http://en.wikipedia.org/wiki/Kenneth_Goldsmith "Kenneth Goldsmith")
and has developed from ‘a repository for visual, concrete and (later) sound
poetry, to a site that ‘embraced all forms of the avant-garde and beyond. Its
parameters continue to expand in all directions.’ As
[Wikipedia](http://en.wikipedia.org/wiki/UbuWeb) states, Ubu is non-commercial
and operates on a gift economy. All the same - by forming an amazing resource
and repository for the avant-garde movement, and by offering and hosting these
works on its platform, Ubu is violating copyright laws. As they state however:
‘ _should something return to print, we will remove it from our site
immediately. Also, should an artist find their material posted on UbuWeb
without permission and wants it removed, please let us know. However, most of
the time, we find artists are thrilled to find their work cared for and
displayed in a sympathetic context. As always, we welcome more work from
existing artists on site_.’
Where in the more affluent and popular media realms of block buster movies and
pop music the [Piratebay](http://thepiratebay.org/) and other download sites
(or p2p networks) like [Mininova](http://www.mininova.org/) are being sued and
charged with copyright infringement, the major powers to be seem to turn a
blind eye when it comes to Ubu and many other resource sites online that offer
digital versions of hard-to-get-by materials ranging from books to
documentaries.
This is and has not always been the case: in 2002 [Sebastian
Lütgert](http://www.wizards-of-
os.org/archiv/wos_3/sprecher/l_p/sebastian_luetgert.html) from Berlin/New York
was sued by the "Hamburger Stiftung zur Förderung von Wissenschaft und Kultur"
for putting online two downloadable texts from Theodor W. Adorno on his
website [textz.com](http://www.medienkunstnetz.de/artist/textz-
com/biography/), an underground archive for Literature. According to
[this](http://de.indymedia.org/2004/03/76975.shtml) Indymedia interview with
Lütgert, textz.com was referred to as ‘the Napster for books’ offering about
700 titles, focusing on, as Lütgert states _‘Theorie, Romane, Science-Fiction,
Situationisten, Kino, Franzosen, Douglas Adams, Kritische Theorie, Netzkritik
usw’._
The interview becomes even more interesting when Lütgert remarks that one can
still easily download both Adorno texts without much ado if one wants to. This
leads to the bigger question of the real reasons underlying the charge against
textz.com; why was textz.com sued? As Lütgert says in the interview: “ _Das
kann man sowieso_ [when referring to the still available Adorno texts] _._
_Aber es gibt schon lange einen klaren Unterschied zwischen offener
Verfügbarkeit und dem Untergrund. Man kann die freie Verbreitung von Inhalten
nicht unterbinden, aber man scheint verhindern zu wollen dass dies allzu offen
und selbstverständlich geschieht. Das ist es was sie stört.”
_
__
But how can something be truly underground in an online environment whilst
still trying to spread or disseminate texts as widely as possible? This seems
to be the paradox of many - not quite legal and/or copyright protected -
resource sharing and collecting communities and platforms nowadays. However,
multiple scenario’s are available to evade this dilemma: by being frankly open
about the ‘status’ of the content on offer, as Ubu does, or by using little
‘tricks’ like an easy website registration, classifying oneself as a reading
group, or by relieving oneself from responsibility by stating that one is only
aggregating sources from elsewhere (linking) and not hosting the content on
its own website or blog. One can also state the offered texts or multimedia
files form a special issue or collection of resources, emphasizing their
educational and not-for-profit value.
Most of the ‘underground’ text and content sharing communities seem to follow
the concept of (the inevitability of) ‘[information wants to be
free](https://openreflections.wordpress.com/tag/information-wants-to-be-
free/)’, especially on the Internet. As Lütgert States: “ _Und vor allem sind
die über Walter Benjamin nicht im Bilde, der das gleiche Problem der
Reproduzierbarkeit von Werken aller Art schon zu Beginn des letzten
Jahrhunderts vor sich hatte und erkannt hat: die Massen haben das Recht, sich
das alles wieder anzueignen. Sie haben das Recht zu kopieren, und das Recht,
kopiert zu werden. Jedenfalls ist das eine ganz schön ungemütliche Situation,
dass dessen Nachlass jetzt von solch einem Bürokraten verwaltet wird._ _A:
Glaubst Du es ist überhaupt legitim intellektuellen Inhalt zu "besitzen"? Oder
__Eigentümer davon zu sein?_ _S: Es ist *unmöglich*. "Geistiges" Irgendwas
verbreitet sich immer weiter. Reemtsmas Vorfahren wären nie von den Bäumen
runtergekommen oder aus dem Morast rausgekrochen, wenn sich "geistiges"
Irgendwas nicht verbreitet hätte.”_
What seems to be increasingly obvious, as the interview also states, is that
one can find virtually all Ebooks and texts one needs via p2p networks and
other file sharing community’s (the true
[Darknet](http://en.wikipedia.org/wiki/Darknet_\(file_sharing\)) in a way) –
more and more people are offering (and asking for!) selections of texts and
books (including the ones by Adorno) on openly available websites and blogs,
or they are scanning them and offering them for (educational) use on their
domains. Although the Internet is mostly known for the pirating and
dissemination of pirated movies and music, copyright protected textual content
has (of course) always been spread too. But with the rise of ‘born digital’
text content, and with the help of massive digitization efforts like Google
Books (and accompanying Google Books [download
tools](http://www.codeplex.com/GoogleBookDownloader)) accompanied by the
appearance of better (and cheaper) scanning equipment, the movement of
‘openly’ spreading (pirated) texts (whether or not focusing on education and
‘fair use’) seems to be growing fast.
The direct harm (to both the producers and their publishers) of the free
online availability of (in copyright) texts is also maybe less clear than for
instance with music and films. Many feel texts and books will still be
preferred to be read in print, making the online and free availability of text
nothing more than a marketing tool for the sales of the printed version. Once
discovered, those truly interested will find and buy the print book. Also more
than with music and film, it is felt essential to share information, as a
cultural good and right, to prevent censorship and to improve society.
This is one of the reasons the [Open
Access](http://en.wikipedia.org/wiki/Open_access_\(publishing\)) movement for
scientific research has been initiated. But where the amount of people and
institutions supportive of this movement is gradually growing (especially
where it concerns articles and journals in the Sciences), the spread
concerning Open Access (or even digital availability) of monographs in the
Humanities and Social Sciences (of which the majority of the resources on
offer in the underground text sharing communities consists) has only just
started.
This has lead to a situation in which some have decided that change is not
coming fast enough. Instead of waiting for this utopian Open Access future to
come gradually about, they are actively spreading, copying, scanning and
pirating scholarly texts/monographs online. Although many times accompanied by
lengthy disclaimers about why they are violating copyright (to make the
content more widely accessible for one), many state they will take down the
content if asked. Following the
[copyleft](http://en.wikipedia.org/wiki/Copyleft) movement, what has in a way
thus arisen is a more ‘progressive’ or radical branch of the Open Access
movement. The people who spread these texts deem it inevitable they will be
online eventually, they are just speeding up the process. As Lütgert states: ‘
_The desire of an increasingly larger section of the population to 100-percent
of information is irreversible. The only way there can be slowed down in the
worst case, but not be stopped._
Still we have not yet answered the question of why publishers (and their
pirated authors) are not more upset about these kinds of websites and
platforms. It is not a simple question of them not being aware that these kind
of textual disseminations are occurring. As mentioned before, the harm to
producers (scholars) and their publishers (in Humanities and Social Sciences
mainly Not-For-Profit University Presses) is less clear. First of all, their
main customers are libraries (compare this to the software business model:
free for the consumer, companies pay), who are still buying the legal content
and mostly follow the policy of buying either print or both print and ebook,
so there are no lost sales there for the publishers. Next to that it is not
certain that the piracy is harming sales. Unlike in literary publishing, the
authors (academics) are already paid and do not loose money (very little maybe
in royalties) from the online availability. Perhaps some publishers also see
the Open Access movement as something inevitably growing and they thus don’t
see the urge to step up or organize a collaborative effort against scholarly
text piracy (where most of the presses also lack the scale to initiate this).
Whereas there has been some more upsurge and worries about _[textbook
piracy](http://bookseller-association.blogspot.com/2008/07/textbook-
piracy.html)_ (since this is of course the area where individual consumers –
students – do directly buy the material) and websites like
[Scribd](http://www.scribd.com/), this mostly has to do with the fact that
these kind of platforms also host non-scholarly content and actively promote
the uploading of texts (where many of the text ‘sharing’ platforms merely
offer downloading facilities). In the case of Scribd the size of the platform
(or the amount of content available on the platform) also has caused concerns
and much [media coverage](http://labnol.blogspot.com/2007/04/scribd-youtube-
for-pirated-ebooks-but.html).
All of this gives a lot of potential power to text sharing communities, and I
guess they know this. Only authors might be directly upset (especially famous
ones gathering a lot of royalties on their work) or in the case of Lütgert,
their beneficiaries, who still do see a lot of money coming directly from
individual customers.
Still, it is not only the lack of fear of possible retaliations that is
feeding the upsurge of text sharing communities. There is a strong ideological
commitment to the inherent good of these developments, and a moral and
political strive towards institutional and societal change when it comes to
knowledge production and dissemination.
As Adrian Johns states in his
[article](http://www.culturemachine.net/index.php/cm/article/view/345/348)
_Piracy as a business force_ , ‘today’s pirate philosophy is a moral
philosophy through and through’. As Jonas Andersson
[states](http://www.culturemachine.net/index.php/cm/article/view/346/359), the
idea of piracy has mostly lost its negative connotations in these communities
and is seen as a positive development, where these movements ‘have begun to
appear less as a reactive force (i.e. ‘breaking the rules’) and more as a
proactive one (‘setting the rules’). Rather than complain about the
conservatism of established forms of distribution they simply create new,
alternative ones.’ Although Andersson states this kind of activism is mostly
_occasional_ , it can be seen expressed clearly in the texts accompanying the
text sharing sites and blogs. However, copyright is perhaps so much _an issue_
on most of these sites (where it is on some of them), as it is something that
seems to be simply ignored for the larger good of aggregating and sharing
resources on the web. As is stated clearly for instance in an
[interview](http://blog.sfmoma.org/2009/08/four-dialogues-2-on-aaaarg/) with
Sean Dockray, who maintains AAAARG:
_" The project wasn’t about criticizing institutions, copyright, authority,
and so on. It was simply about sharing knowledge. This wasn’t as general as it
sounds; I mean literally the sharing of knowledge between various individuals
and groups that I was in correspondence with at the time but who weren’t
necessarily in correspondence with each other."_
Back to Lütgert. The files from textz.com have been saved and are still
[accessible](http://web.archive.org/web/20031208043421/textz.gnutenberg.net/index.php3?enhanced_version=http://textz.com/index.php3)
via [The Internet Archive Wayback
Machine](http://web.archive.org/collections/web.html). In the case of
textz.com, these files contain ’typed out text’, so no scanned contents or
PDF’s. Textz.com (or better said its shadow or mirror) offers an amazing
collection of texts, including artists statements/manifestos and screenplays
from for instance David Lynch.
The text sharing community has evolved and now knows many players. Two other
large members in this kind of ‘pirate theory base network’ (although – and I
have to make that clear! – they offer many (and even mostly) legal and out of
copyright texts), still active today, are
[Monoskop/Burundi](http://burundi.sk/monoskop/log/) and
[AAAARG.ORG](http://a.aaaarg.org/). These kinds of platforms all seem to
disseminate (often even on a titular level) similar content, focusing mostly
on Continental Philosophy and Critical Theory, Cultural Studies and Literary
Theory, The Frankfurter Schule, Sociology/Social Theory, Psychology,
Anthropology and Ethnography, Media Art and Studies, Music Theory, and
critical and avant-garde writers like Kafka, Beckett, Burroughs, Joyce,
Baudrillard, etc.etc.
[Monoskop](http://www.burundi.sk/monoskop/index.php/Main_Page) is, as they
state, a collaborative wiki research on the social history of media art or a
‘living archive of writings on art, culture and media technology’. At the
sitemap of their log, or under the categories section, you can browse their
resources on genre: book, journal, e-zine, report, pamphlet etc. As I found
[here](http://www.slovakia.culturalprofiles.net/?id=7958), Burundi originated
in 2003 as a (Slovakian) media lab working between the arts, science and
technologies, which spread out to a European city based cultural network; They
even functioned as a press, publishing the Anthology of New Media Literature
(in Slovak) in 2006, and they hosted media events and curated festivals. It
dissolved in June 2005 although the
[Monoskop](http://www.slovakia.culturalprofiles.net/?id=7964) research wiki on
media art, has continued to run since the dissolving of Burundi.
As
is stated on their website, AAAARG is a conversation platform, or
alternatively, a school, reading group or journal, maintained by Los Angeles
artist[ Sean Dockray](http://www.design.ucla.edu/people/faculty.php?ID=64
"Sean Dockray"). In the true spirit of Critical Theory, its aim is to ‘develop
critical discourse outside of an institutional framework’. Or even more
beautiful said, it operates in the spaces in between: ‘ _But rather than
thinking of it like a new building, imagine scaffolding that attaches onto
existing buildings and creates new architectures between them_.’ To be able to
access the texts and resources that are being ‘discussed’ at AAAARG, you need
to register, after which you will be able to browse the
[library](http://a.aaaarg.org/library). From this library, you can download
resources, but you can also upload content. You can subscribe to their
[feed](http://aaaarg.org/feed) (RSS/XML) and [like
Monoskop](http://twitter.com/monoskop), AAAARG.org also maintains a [Twitter
account](http://twitter.com/aaaarg) on which updates are posted. The most
interesting part though is the ‘extra’ functions the platform offers: after
you have made an account, you can make your own collections, aggregations or
issues out of the texts in the library or the texts you add. This offers an
alternative (thematically ordered) way into the texts archived on the site.
You also have the possibility to make comments or start a discussion on the
texts. See for instance their elaborate [discussion
lists](http://a.aaaarg.org/discussions). The AAAARG community thus serves both
as a sharing and feedback community and in this way operates in a true p2p
fashion, in a way like p2p seemed originally intended. The difference being
that AAAARG is not based on a distributed network of computers, but is based
on one platform, to which registered users are able to upload a file (which is
not the case on Monoskop for instance – only downloading here).
Via[
mercurunionhall](http://mercerunionhall.blogspot.com/2009/06/aaaargorg.html),
I found the image underneath which depicts AAAARG.ORG's article index
organized as a visual map, showing the connections between the different
texts. This map was created and posted by AAAARG user john, according to
mercurunionhall.
Where AAAArg.org focuses again on the text itself - typed out versions of
books - Monoskop works with more modern versions of textual distribution:
scanned versions or full ebooks/pdf’s with all the possibilities they offer,
taking a lot of content from Google books or (Open Access) publishers’
websites. Monoskop also links back to the publishers’ websites or Google
Books, for information about the books or texts (which again proves that the
publishers should know about their activities). To download the text however,
Monoskop links to [Sharebee](http://www.sharebee.com/), keeping the actual
text and the real downloading activity away from its platform.
Another part of the text sharing content consists of platforms offering
documentaries and lectures (so multi-media content) online. One example of the
last is the [Discourse Notebook Archive](http://www.discoursenotebook.com/),
which describes itself as an effort which has as its main goal ‘to make
available lectures in contemporary continental philosophy’ and is maintained
by Todd Kesselman, a PhD Student at The New School for Social Research. Here
you can find lectures from Badiou, Kristeva and Zizek (both audio and video)
and lectures aggregated from the European Graduate School. Kesselman also
links to resources on the web dealing with contemporary continental
philosophy.
Society of Control is a website maintained by [Stephan
Dillemuth](http://www.kopenhagen.dk/fileadmin/oldsite/interviews/solmennesker.htm),
an artist living and working in Munich, Germany, offering amongst others an
overview of his work and scientific research. According to
[this](http://www2.khib.no/~hovedfag/akademiet_05/tekster/interview.html)
interview conducted by Kristian Ø Dahl and Marit Flåtter his work is a
response to the increased influence of the neo-liberal world order on
education, creating a culture industry that is more than often driven by
commercial interests. He asks the question ‘How can dissidence grow in the
blind spots of the ‘society of control’ and articulate itself?’ His website,
the [Society of Control](http://www.societyofcontrol.com/disclaimer1.htm) is,
as he states, ‘an independent organization whose profits are entirely devoted
to research into truth and meaning.’
Society of Control has a [library
section](http://www.societyofcontrol.com/library/) which contains works from
some of the biggest thinkers of the twentieth century: Baudrillard, Adorno,
Debord, Bourdieu, Deleuze, Habermas, Sloterdijk und so weiter, and so much
more, a lot in German, and all ‘typed out’ texts. The library section offers a
direct search function, a category function and a a-z browse function.
Dillemuth states that he offers this material under fair use, focusing on not
for profit, freedom of information and the maintenance of freedom of speech
and information and making information accessible to all:
_“The Societyofcontrol website site contains information gathered from many
different sources. We see the internet as public domain necessary for the free
flow and exchange of information. However, some of these materials contained
in this site maybe claimed to be copyrighted by various unknown persons. They
will be removed at the copyright holder 's request within a reasonable period
of time upon receipt of such a request at the email address below. It is not
the intent of the Societyofcontrol to have violated or infringed upon any
copyrights.”_
Important in this respect is
that he put the responsibility of reading/using/downloading the texts on his
site with the viewers, and not with himself: _“Anyone reading or looking at
copyright material from this site does so at his/her own peril, we disclaim
any participation or liability in such actions.”_
Fark Yaraları = [Scars of Différance](http://farkyaralari.blogspot.com/) and
[Multitude of blogs](http://multitudeofblogs.blogspot.com/) are maintained by
the same author, Renc-u-ana, a philosophy and sociology student from Istanbul.
The first is his personal blog (with also many links to downloadable texts),
focusing on ‘creating an e-library for a Heideggerian philosophy and
Bourdieuan sociology’ on which he writes ‘market-created inequalities must be
overthrown in order to close knowledge gap.’ The second site has a clear
aggregating function with the aim ‘to give united feedback for e-book
publishing sites so that tracing and finding may become easier.’ And a call
for similar blogs or websites offering free ebook content. The blog is
accompanied by a nice picture of a woman warning to keep quiet, very
paradoxically appropriate to the context. Here again, a statement from the
host on possible copyright infringement _: ‘None of the PDFs are my own
productions. I 've collected them from web (e-mule, avax, libreremo, socialist
bros, cross-x, gigapedia..) What I did was thematizing._’ The same goes for
[pdflibrary](http://pdflibrary.wordpress.com/) (which seems to be from the
same author), offering texts from Derrida, Benjamin, Deleuze and the likes:
_‘_ _None of the PDFs you find here are productions of this blog. They are
collected from different places in the web (e-mule, avax, libreremo, all
socialist bros, cross-x, …). The only work done here is thematizing and
tagging.’_
[](http://multitudeofblogs.blogspot.com/)Our
student from Istanbul lists many text sharing sites on Multitude of blogs,
including [Inishark](http://danetch.blogspot.com/) (amongst others Badiou,
Zizek and Derrida), [Revelation](http://revelation-online.blogspot.com/2009/02
/keeping-ten-commandments.html) (a lot of history and bible study), [Museum of
accidents](http://museumofaccidents.blogspot.com/) (many resources relating to
again, critical theory, political theory and continental philhosophy) and
[Makeworlds](http://makeworlds.net/) (initiated from the [make world
festival](http://www.makeworlds.org/1/index.html) 2001).
[Mariborchan](http://mariborchan.wordpress.com/) is mainly a Zizek resource
site (also Badiou and Lacan) and offers next to ebooks also video and audio
(lectures and documentaries) and text files, all via links to file sharing
platforms.
What is clear is that the text sharing network described above (I am sure
there are many more related to other fields and subjects) is also formed and
maintained by the fact that the blogs and resource sites link to each other in
their blog rolls, which is what in the end makes up the network of text
sharing, only enhanced by RSS feeds and Twitter accounts, holding together
direct communication streams with the rest of the community. That there has
not been one major platform or aggregation site linking them together and
uploading all the texts is logical if we take into account the text sharing
history described before and this can thus be seen as a clear tactic: it is
fear, fear for what happened to textz.com and fear for the issue of scale and
fear of no longer operating at the borders, on the outside or at the fringes.
Because a larger scale means they might really get noticed. The idea of
secrecy and exclusivity which makes for the idea of the underground is very
practically combined with the idea that in this way the texts are available in
a multitude of places and can thus not be withdrawn or disappear so easily.
This is the paradox of the underground: staying small means not being noticed
(widely), but will mean being able to exist for probably an extended period of
time. Becoming (too) big will mean reaching more people and spreading the
texts further into society, however it will also probably mean being noticed
as a treat, as a ‘network of text-piracy’. The true strategy is to retain this
balance of openly dispersed subversivity.
Update 25 November 2005: Another interesting resource site came to my
attention recently: [Bedeutung](http://http://www.bedeutung.co.uk/index.php),
a philosophical and artistic initiative consisting of three projects:
[Bedeutung
Magazine](http://www.bedeutung.co.uk/index.php?option=com_content&view=article&id=1&Itemid=3),
[Bedeutung
Collective](http://www.bedeutung.co.uk/index.php?option=com_content&view=article&id=67&Itemid=4)
and [Bedeutung Blog](http://bedeutung.wordpress.com/), hosts a
[library](http://www.bedeutung.co.uk/index.php?option=com_content&view=article&id=85&Itemid=45)
section which links to freely downloadable online e-books, articles, audio
recordings and videos.
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### 17 comments on " Scanners, collectors and aggregators. On the
‘underground movement’ of (pirated) theory text sharing"
1. Pingback: [Humanism at the fringe « Snarkmarket](http://snarkmarket.com/2009/3428)
2. Pingback: [Scanners, collectors and aggregators. On the 'underground movement' of (pirated) theory text sharing « Mariborchan](http://mariborchan.wordpress.com/2009/09/20/scanners-collectors-and-aggregators-on-the-underground-movement-of-pirated-theory-text-sharing/)
hi there, I'm the owner of the Scars of Différance blog, I'm grateful for your
reading which nurtures self-reflexivity.
text-sharers phylum is a Tardean phenomena, it works through imitation and
differences differentiate styles and archives. my question was inherited from
aby warburg who is perhaps the first kantian librarian (not books, but the
nomenclatura of books must be thought!), I shape up a library where books
speak to each other, each time fragmentary.
you are right about the "fear", that's why I don't reupload books that are
deleted from mediafire. blog is one of the ways, for ex there are e-mail
groups where chain-sharings happen and there are forums where people ask each
other from different parts of the world, to scan a book that can't be found in
their library/country. I understand publishers' qualms (I also work in a
turkish publishing house and make translations). but they miss a point, it was
the very movement which made book a medium that de-posits "book" (in the
Blanchotian sense): these blogs do indeed a very important service, they save
books from the databanks. I'm not going to make a easy rider argument and
decry technology.what I mean is this: these books are the very bricks which
make up resistance -they are not compost-, it is a sharing "partage" and these
fragmentary impartations (the act in which 'we' emancipate books from the
proper names they bear: author, editor, publisher, queen,…) make words blare.
our work: to disenfranchise.
to get larger, to expand: these are too ambitious terms, one must learn to
stay small, remain finite. a blog can not supplant the non-place of the
friendships we make up around books.
the epigraph at the top of my blog reads: "what/who exorbitates mutates into
its opposite" from a Turkish poet Cahit Zarifoğlu. and this logic is what
generates the slithering of the word. we must save books from its own ends.
Thanks for the link, good article, agree with the contents, especially like
the part 'Could, for instance, the considerable resources that might be
allocated to protecting, policing and, ultimately, sanctioning online file-
sharing not be used for rendering it less financially damaging for the
creative sector?'
I like this kind of pragmatic reasoning, and I know more people do.
By the way, checked Bedeutung, great journal, and love your
[library](http://www.bedeutung.co.uk/index.php?option=com_content&view=article&id=86&Itemid=46)
section! Will add it to the main article.
10. Pingback: [Mariborchan » Scanners, collectors and aggregators. On the 'underground movement' of (pirated) theory text sharing](http://mariborchan.com/scanners-collectors-and-aggregators-on-the-underground-movement-of-pirated-theory-text-sharing/)
This is Nick, the author of the JJPS project; thanks for the tweet! I actually
came across this blog post while doing background research for the project and
looking for discussions about AAAARG; found out about a lot of projects that I
didn't already know about. One thing that I haven't been able to articulate
very well is that I think there's an interesting relationship between, say,
Kenneth Goldsmith's own poetry and his founding of Ubu Web; a collation and
reconfiguration of the detritus of culture (forgotten works of the avant-
gardes locked up behind pay walls of their own, or daily minutiae destined to
be forgotten), which is something that I was trying to do, in a more
circumscribed space, in JJPS Radio. But the question of distribution of
digital works is something I find fascinating, as there are all sorts of
avenues that we could be investigating but we are not. The issue, as it often
is, is one of technical ability, and that's why one of the future directions
of JJPS is to make some of the techniques I used easier to use. Those who want
to can always look into the code, which is of course freely available, but
that cannot and should not be a prerequisite.
Hi Nick, thanks for your comment. I love the JJPS and it would be great if the
technology you mention would be easily re-usable. What I find fascinating is
how you use another medium (radio) to translate/re-mediate and in a way also
unlock textual material. I see you also have an Open Access and a Cut-up hour.
I am very much interested in using different media to communicate scholarly
research and even more in remixing and re-mediating textual scholarship. I
think your project(s) is a very valuable exploration of these themes while at
the same time being a (performative) critique of the current system. I am in
awe.
14. Pingback: [Text-sharing "in the paradise of too many books" – SLOTHROP](http://slothrop.com/2012/11/16/text-sharing-in-the-paradise-of-too-many-books/)
Interesting topic, but also odd in some respects. Not translating the German
quotes is very unthoughtful and maybe even arrogant. If you are interested in
open access accessibility needs to be your top priority. I can read German,
but many of my friends (and most of the world) can't. It take a little effort
to just fix this, but you can do it.
Dockray
Openings and Closings
2013
Militarization of campuses
Early, on a recent November morning, 400 Military Police with tear gas and helicopters arrested 72 people, almost all students of the University of Sao Paulo. Those people were occupying the Rectory in response to an other arrest – of 3 fellow students – which was itself a consequence of the contract that the university administration signed with the MP, an agreement inviting the police back onto campus after decades in which this presence was essentially prohibited. University “autonomy” had been established by Article 207 of the 1988 Brazilian Constitution to close a chapter on Brazil’s military rule, during which time the Military Police enforced a series of decrees aimed at eliminating opposition to the dictatorship, including the local articulation of the 1960’s student movement. The 1964 Suplicy de Lacerda law forbade student organizations from engaging in politics; in 1968, Institutional Act No. 5 did away with the writ of habeus corpus; and Decree 477 a year later gave university and education authorities the right to expel students and professors involved in protests. A similar provision of “university asylum” restricted the access of policemen onto Greece’s campuses for 35 years. Like Brazil, this measure was adopted after the fall of a military regime that had violently crushed student uprisings and, like Brazil, this prohibition on police incursions into campuses collapsed in 2011. Greek politicians abolished the law in order to more effectively implement austerity measures imposed by European financial interests. Ten days after the raid at the University of Sao Paulo, the chancellor of the University of California, Davis ordered police to clear a handful of tents from a campus quadrangle. Because the peaceful demonstration was planned in solidarity with other actions on UC campuses drawing inspiration from the “occupy movement,” police force swiftly and forcefully dismantled the encampment. Students were pepper-‐sprayed at close range by a well-‐armored policeman wearing little concern. Such examples of the militarization of university campuses have become more common, especially in the context of growing social unrest. In California, they demonstrate the continued influence of Ronald Reagan, not simply for implementing neoliberal policies that have slashed public programs, produced a trillion dollars in US student loan debt and contracted the middle class; but also for campaigning in 1966 for governor of California on a promise to crack down on campus activists, making partnerships with conservative school officials and the FBI in order to “clean out left-‐wing elements” from the University of California. Linda Katehi – that UC Davis chancellor – was also an author of a 2011 report that recommended terminating university asylum to the Greek government. The report noted that “the politicization of students… represents a beyond-‐reasonable involvement in the political process,” continuing on to state that “Greek University campuses are not secure” because of “elements that seek political instability.”
Mobilization of books
After the Military Police operation in Sao Paulo, the rector appeared on television to accuse the students of preparing Molotov cocktails; independent media, on the other hand, described the students carrying left-‐wing books. Even more recently at UC Riverside, a contingent faculty member holding a cardboard shield that was painted to look like the cover of Figures of the Thinkable, by Cornelius Castoriadis, was dragged across the pavement by police and charged with a felony, “assault with a deadly weapon.” In Berkeley, students covered a plaza in books, open and facedown, after their tent occupation was broken up. Many of the crests and seals of universities feature a book, no doubt drawing on the book as both a symbol of knowledge and an actual repository for it. And by extension, books have been mobilized at various moments in recent occupations and protests to make material reference to education and the metastasizing knowledge economy. No doubt the use of radical theory literalizes an attempt to bridge theory and practice, while evoking a utopian imaginary, or simply taking Deleuze’s words at face value: “There is no need to fear or hope, but only to look for new weapons.” Against a background of library closures and cutbacks, as well as the concomitant demands for the humanities and social sciences to justify themselves in economic terms, it is as if books have come into view, desperately, like a rat in daylight. There is almost nowhere for them to go – the space in the remaining libraries is being given over to audio-‐visual material, computer terminals, public programming, and cafes, while publishers are shifting to digital distribution models that are designed to circumvent libraries entirely. So books have come out onto the street. Militarization of Books When knowledge does escape the jurisdiction of both the state and the market, it’s often at the hands of students (both the officially enrolled and the autodidacts). For example, returning to Brazil, the average cost of required reading material for a freshman is more than six months of minimum wage pay, with up to half of the texts not available in Brazil or simply out of print. Unsurprisingly, a system of copy shops provides on-‐demand chapters, course readers, and other texts; but the Brazilian Association of Reprographic Rights has been particularly hostile to the practice. One year before Sao Paulo, at the Federal University in Rio de Janeiro, seven armed police officers in three cars (accompanied by the Chief of the Delegation for the Repression of Immaterial Property Crimes) raided the Xerox room of the School of Social Work, arresting the operator of the machines and confiscating all illegitimate copies. Similar shows of force have proliferated ever since Brazilian copyright law was amended in 1998 to eliminate the exceptions that had previously afforded the right to copy books for educational purposes. This act of reproduction, felt by students and faculty to be inextricably linked to university autonomy and the right to education, coalesced into a movement by 2006, Copiar Livro é Direito! (Copying Books is a Right!) Illicit copies, when confiscated, usually are destroyed. In this sense, it is worthwhile to understand such an event as a contemporary form of censorship, certainly not out of any ideological disapproval of the publication’s actual content, but rather an objection to the manner of its circulation. Many books banned (and burned) during the dictatorship were obviously a matter of content – those that could “destroy society’s moral base” might “put into practice a subversive plan that places national security in danger.” Even if explicit sexuality, crime, and drug use within literature are generally tolerated today (not everywhere, of course) the rhetoric contained within the 1970 decree that instituted censorship is still alive in matters of circulation. During negotiations for the multi-‐national Anti-‐Counterfeiting Trade Agreement (ACTA), the Bush and Obama administrations denied the public information, stating that it was “properly classified in the interest of national security.” Certain parts of the negotiations became known through Wikileaks and ACTA was revealed as a vehicle for exporting American intellectual property enforcement. Protecting intellectual property is essential, politicians claim, to maintaining the American “way of life,” although today this has less to do with the moral base of the country than the economic base – workers and corporations. America, Obama said in reference to ACTA, would use the “full arsenal of tools available to crack down on practices that blatantly harm our businesses.” Universities, those institutions for the production of knowledge, are deeply embedded in struggles over intellectual property, and moreover deployed as instruments of national security. The National Security Higher Education Advisory Board, which includes (surprise) Linda Katehi, brings together select university presidents and chancellors with the FBI, CIA, and other agencies several times per year. Developed to address intellectual property at the level of cyber-‐theft (preventing sensitive research from falling into the hands of terrorists) the congenial relationship between university administrations and the FBI raises the spectre of US government spying on student activists in the 1960’s and early 1970’s. Financialization of publishing To the side of such partnerships with the state, the forces of financialization have been absorbed into universities, again with the welcome of administrations. Towering US student loan debt is one very clear index; another, less apparent, but growing, is the highly controlled circulation of academic publishing, especially journals and textbooks. Although apparently marginal (or niche) in topic, the vertical structure of the corporations behind most journals is surprisingly large. The Dutch company Elsevier, for example, publishes 250,000 articles per year, and earned $1.6 billion (a profit margin of 36%) in 2010. Texts are written, peer reviewed, and edited on a voluntary basis (usually labor costs are externalized, for example to the state or university). They are sold back to university libraries at extraordinarily high prices, and the libraries are obliged to pay because their constituency relies on access to research as a material for further research. When the website library.nu was taken-‐down recently for providing access to over 400,000 digital texts, it was not the major “commercial” publishers that were behind the action, but a coalition of 17 educational publishers, including Elsevier, Springer, Taylor and Francis, the Cambridge University Press, and Macmillan. On the heels of FBI raids on prominent torrent sites, and with a similar level of coordination, this publishers’ alliance hired private investigators to deploy software “specifically developed by IT experts” to secure evidence. In order to expand their profitability, corporate academic publishers exploit and reinforce entrenched hierarchies within the academia. Compensation comes in the forms of CV lines and disciplinary visibility; and it is that very validation that individuals need to find and secure employment at research institutions. “Publish or die” is not anything new, but as employment grows increasingly temporary and managerial systems for assessment and quantifying productivity proliferate, it has grown more ominous. Beyond intensifying internal hierarchies, this publishing situation has widened the gap between the university and the rest of the world (even as it subjects the exchange of knowledge to the logic of the stock market); publications are meant for current students and faculty only, and their legitimacy is regularly checked against ID cards, passwords, and other credentials. One without such legitimacy finds themselves on the wrong side of a paywall. Here, we discover the quotidian dimension to the militarization of the university, in the inconveniences of proximity cards, accounts, and login screens. If our contemporary forms of censorship are focused on the manner of a thing’s circulation, then systems of control would be oriented towards policing access. Reprographic machines and file-‐sharing software are obvious targets but, with the advent of tablet computers (such as Apple’s iPad, marketed heavily towards students), so are actual textbooks. The practice of reselling textbooks, a yearly student money-‐saving ritual that is perfectly legal under the first-‐sale doctrine, has long represented lost revenue to publishers. So many, including MacMillan and McGraw-‐Hill, have moved strongly into the e-‐textbook market, which allows them to shut the door on the secondary market because students are no longer buying the things themselves, but only temporary access to the things.
Opening of Access
Open Access publishing articulates an alternative, in order to circumvent the entire parasitical apparatus and ultimately deliver texts to readers and researchers for free. In large part, its success depends on whether or not researchers choose to publish their work with OA journals or with pay-‐for-‐access ones. If many have chosen the latter, it is because of factors like reputation and the interrelation between publishing and departmental structures of advancement and power. Interestingly, it is institutions with the strongest reputations that are also pushing for more ‘openness.’ Princeton University formally adopted an open-‐access policy in 2011 (the sixth Ivy League school to do so) in order to discourage the “fruits of [their] scholarship” from languishing “artificially behind a pay wall.” MIT has long promoted openness of its materials, from OpenCourseWare (2002) to its own Open Access policy (2009), to a new online learning infrastructure, MITx. Why is it that elite, private schools are so motivated to open themselves to the world? Would this not dilute their status? The answer is obvious: opening up their research gives their faculty more exposure; it produces a positive image of an institution that is generous and genuinely interested in generating knowledge; and ultimately it builds the university’s brand. They are not giving away degrees and certainly not research positions – rather they are mobilizing their intellectual capital to attract publicity, students, donations, and contracts. We can guess what ‘opening up the university’ means for the institution and the faculty, but what about for the students, including those who may not have the proper title, those learners not enrolled? MITx is an adaptation of the common practice of distance learning, which has a century-‐and-‐a-‐half long history, beginning with the University of London’s External Programme. There are populist overtones (Charles Dickens called the External Programme the “People’s University”) to distance learning that coincide with the promises of public education more generally, namely making higher education available to those traditionally without means for it. History has provided us with less than desirable motivations for distance education – the Free University of Iran was said to have been desirable to the Shah’s regime because the students would never gather – but current western programs are influenced by other concerns. Beyond publicity and social conscience, many of these online learning programs are driven by economics. At the University of California, the Board of Regents launched a pilot program as part of a plan to close a 4.7 billion dollar budget gap, with the projection that such a program could add 25,000 students at 1.1% of the normal cost. Aside from MITx’s free component (it brings in revenue as well if people want to actually get “credit”) most of these distance-‐learning offerings are immaterial commodities. UCLA Extension is developing curricula and courses for Encore Career Institute, a for-‐profit venture bringing together Hollywood, Silicon Valley, and a chairwoman of the UC Regents, whose goal is to “deliver some of the fantastic intellectual property that UC has.” And even MITx is not without its restricted-‐access bedfellows; its pilot online course requires a textbook, which is owned by Elsevier. Students are here conceived of truly as consumers of product, and education has become a subgenre of publication. The classroom and library are seen as inefficient mechanisms for delivering education to the masses or, for that matter, for the delivering the masses to creditors, advertisers, and content providers. Clearly, classrooms will continue to exist, especially in the centers for the reproduction of the elite, such as those proponents of Open Access previously mentioned. But everywhere else, post-‐ classroom (and post-‐library) education is exploding. Students do not gather here and they certainly don’t sit-‐in or take over buildings; they don’t argue outside during a break, over a cigarette, nor do they pass books between themselves. I am not, however, a fatalist on this point – these may be networks of access managed by capital and policed by the state, but new collective forms and subjectivities are already emerging, exploiting or evading the logic of accounts, passwords, and access. They find each other across borders and across disciplines.
Negating Access
After the capitalist restructuring of the 1970s and 1980s, how do we understand the scenes of people clashing with police formations; the revival of campus occupations as a tactic; the disappearance of university autonomy; the withdrawal of learning into the disciplined walls of the academy; in short, how do we understand a situation that appears quite like before? One way – the theme of this essay – would be through the notion of “access.” If access has moved from a question of rights (who has access?) to a matter of legality and economics (what are the terms and price for access, for a particular person?) then over the past few decades we have witnessed access being turned inside-‐out, in a manner reminiscent of Marx’s “double freedom” of the proletariat: having access to academic resources while not being able to access each other. Library cards, passwords, and keys are assigned to individuals; and so are contracts, degrees, loans, and grades. Students (and faculty) are individuated at every turn, perhaps no more clearly than in online learning where each body collapses into their own profile. Access is not so much a passage into a space as it is an apparatus enclosing the individual. (In this sense, Open Access is one configuration of this apparatus). Two projects that I have worked within over the past 7 years – a file-‐sharing website for texts, AAAARG.ORG, and a proposal-‐based learning platform, The Public School – are ongoing efforts in escaping this regime of access in order to create some room to actually understand all of these conditions, their connection to larger processes, and the possibilities for future action. The Public School has no curriculum, no degrees, and nothing to do with the public school system. It is simply a framework within which people propose ideas for things they want to learn about with others; a rotating committee might organize this proposal into an actual class, bringing together a group of strangers and friends who find a way to teach each other. AAAARG.ORG is a collective library comprised of scans, excerpts, and exports that members of its public have found important enough to share with each other. They are premised, in part, on the proposition that making these kinds of spaces is an active, contingent process requiring the coordination, invention, and self-‐ reflection of many people over time. The creation of these kinds of spaces involves a negation of access, often bringing conflict to the surface. What this means is that the spaces are not territories on which pedagogy happens, but rather that the collective activity of making and defending these spaces is pedagogical.
In the militarized raids of campus occupations and knowledge-‐sharing assemblages, the state is acting to both produce and defend a structure that generates wealth from the process of education. While there are occasional clashes over content, usually any content is acceptable that circulates through this structure, and the very failure to circulate (to attract grant funding, attention, or feedback) becomes the operative, soft form of suppression. A resistant pedagogy should look for openings – and if they don’t exist, break them open – where space grows from a refusal of access and circulation, borders and disciplines; from an improvised diffusion that generates its own laws and dynamics. But a cautionary note – any time new social relations are born out of such an opening in space and time, a confrontation with power is not far behind.
Sekulic
Legal Hacking and Space
2015
# Legal hacking and space
## What can urban commons learn from the free software hackers?
There is now a need to readdress urban commons through the lens of the digital
commons, writes Dubravka Sekulic. The lessons to be drawn from the free
software community and its resistance to the enclosure of code will likely
prove particularly valuable where participation and regulation are concerned.
> Commons are a particular type of institutional arrangement for governing the
use and disposition of resources. Their salient characteristic, which defines
them in contradistinction to property, is that no single person has exclusive
control over the use and disposition of any particular resource. Instead,
resources governed by commons may be used or disposed of by anyone among some
(more or less defined) number of persons, under rules that may range from
"anything goes" to quite crisply articulated formal rules that are effectively
enforced.
> (Benkler 2003: 6)
The above definition of commons, from the seminal paper "The political economy
of commons" by Yochai Benkler, addresses any type of commons, whether analogue
or digital. In fact, the concept of commons entered the digital realm from
physical space in order to interpret the type of communities, relationships
and production that started to appear with the development of the free as
opposed to the proprietary. Peter Linebaugh charted in his excellent book
_Magna Carta Manifesto_ , how the creation and development of the concept of
commons were closely connected to constantly changing relationships of people
and communities to the physical space. Here, I argue that the concept was
enriched when it was implemented in the digital field. Readdressing urban
space through the lens of digital commons can enable another imagination and
knowledge to appear around urban commons.
[](http://www.derive.at/)The
notion of commons in (urban) space is often complicated by archaic models of
organization and management - "the pasture we knew how to share". There is a
tendency to give the impression that the solution is in reverting to the past
models. In the realm of digital though, there is no "pasture" from the Middle
Ages to fall back on. Digital commons had to start from scratch and define its
own protocols of production and reproduction (caring and sharing). Therefore,
the digital commons and free software community can be the one to turn to, not
only for inspiration and advice, but also as a partner when addressing
questions of urban commons. Or, as Marcell Mars would put it "if we could
start again with (regulating and defining) land, knowing what we know now
about digital networks, we could come up with something much better and
appropriate for today's world. That property wouldn't be private, maybe not
even property, but something else. Only then can we say we have learned
something from the digital" (2013).
## Enclosure as the trigger for action
The moment we turn to commons in relation to (urban) space is the moment in
which the pressure to privatize public space and to commodify every aspect of
urban life has become so strong that it can be argued that it mirrors a moment
in which Magna Carta Libertatum was introduced to protect the basic
reproduction of life for those whose sustenance was connected to the common
pastures and forests of England in the thirteenth century. At the end of the
twentieth century, urban space became the ultimate commodity, and increasing
privatization not only endangered the reproduction of everyday life in the
city; the rent extraction through privatized public space and housing
endangered bare life itself. Additionally, the cities' continuous
privatization of its amenities transformed almost every action in the city, no
matter how mundane - as for example, drinking a glass of water from a tap -,
into an action that creates profit for some private entity and extracts it
from the community. Thus every activity became labour, which a citizen-worker
is not only alienated from, but also unaware of. David Harvey's statement
about the city replacing the factory as a site of class war seems to be not
only an apt description of the condition of life in the city, but also a cry
for action.
When Richard Stallman turned to the foundational gesture of the creation of
free software, GNU/GPL (General Public Licence) was his reaction to the
artificially imposed logic of scarcity on the world of code - and the
increasing and systematic enclosure that took place in the late 1970s and
1980s as "a tidal wave of commercialization transformed software from a
technical object into a commodity, to be bought and sold on the open market
under the alleged protection of intellectual property law" (Coleman 2012:
138). Stallman, who worked as a researcher at MIT's Artificial Intelligence
Laboratory, detected how "[m]any programmers are unhappy about the
commercialization of system software. It may enable them to make more money,
but it requires them to feel in conflict with other programmers in general
rather than feel as comrades. The fundamental act of friendship among
programmers is the sharing of programs; marketing arrangements now typically
used essentially forbid programmers to treat others as friends. The purchaser
of software must choose between friendship and obeying the law. Naturally,
many decide that friendship is more important. But those who believe in law
often do not feel at ease with either choice. They become cynical and think
that programming is just a way of making money" (Stallman 2002: 32).
In the period between 1980 and 1984, "one man [Stallman] envisioned a crusade
to change the situation" (Moglen 1999). Stallman understood that in order to
subvert the system, he would have to intervene in the protocols that regulate
the conditions under which the code is produced, and not the code itself;
although he did contribute some of the best lines of code into the compiler
and text editor - the foundational infrastructure for any development. The
gesture that enabled the creation of a free software community that yielded
the complex field of digital commons was not a perfect line of code. The
creation of GNU General Public License (GPL) was a legal hack to counteract
the imposing of intellectual property law on code. At that time, the only
license available for programmers wanting to keep the code free was public
domain, which gave no protection against the code being appropriated and
closed. GPL enabled free codes to become self-perpetuating. Everything built
using a free code had to be made available under the same condition, in order
to secure the freedom for programmers to continue sharing and not breaking the
law. "By working on and using GNU rather than proprietary programs, we can be
hospitable to everyone and obey the law. In addition, GNU serves as an example
to inspire and as a banner to rally others to join in sharing. This can give
us a feeling of harmony, which is impossible if we use software, which is not
free. For about half the programmers I talk to, this is an important happiness
that money cannot replace" (Stallman 2002: 33).
Architects and planners as well as environmental designers have for too long
believed the opposite, that a good enough design can subvert the logic of
enclosure that dominates the production and reproduction of space; that a good
enough design can keep space open and public by the sheer strength of spatial
intervention. Stallman rightfully understands that no design is strong enough
to keep private ownership from claiming what it believes belongs to it.
Digital and urban commons, despite operating in completely different realms
and economies, are under attack from the same threat of "market processes"
that "crucially depend upon the individual monopoly of capitalists (of all
sorts) over ownership of the means of production, including finance and land.
All rent, recall, is a return to the monopoly power of private ownership of
some crucial asset, such as land or a patent. The monopoly power of private
property is therefore both the beginning-point and the end-point of all
capitalist activity" (Harvey 2012: 100). Stallman envisioned a bleak future
(2003: 26-28) but found a way to "relate the means to the ends". He understood
that the emancipatory task of a struggle "is not only what has to be done, but
also how it will be done and who will do it" (Stavrides & De Angelis: 7).
Thus, to produce the necessary requirements - both for a community to emerge,
but also for the basis of future protocols - tools and methodologies are
needed for the community to create both free software and itself.
## Renegotiating (undoing) property, hacking the law, creating community
Property, as an instrument of allocation of resources, is a right that is
negotiated within society and by society and not written in stone or given as
such. The digital, more than any other field, discloses property as being
inappropriate for contemporary relationships between production and
reproduction and, additionally, proves how it is possible to fundamentally
rethink it. The digital offers this possibility as it is non-material, non-
rival and non-exclusive (Meretz 2013), unlike anything in the physical world.
And Elinor Ostrom's lifelong empirical researches give ground to the belief
that eschewing property, being the sole instrument of allocation, can work as
a tool of management even for rival, excludable goods.
The value of information in digital form is not flat, but property is not the
way to protect that value, as the music industry realized during the course of
the last ten years. Once the copy is _out there_ , the cost of protecting its
exclusivity on the grounds of property becomes too high in relation to the
potential value to be extracted. For example, the value is extracted from
information through controlling the moment of its release and not through
subsequent exploitation. Stallman decided to tackle the imposition of the
concept of property on computer code (and by extension to the digital realm as
a whole) by articulating it in another field: just as property is the product
of constant negotiations within a society, so are legal regulations. After
some time, he was joined by "[m]any free software developers [who] do not
consider intellectual property instruments as the pivotal stimulus for a
marketplace of ideas and knowledge. Instead, they see them as a form of
restriction so fundamental (or poorly executed) that they need to be
counteracted through alternative legal agreements that treat knowledge,
inventions, and other creative expressions not as property but rather as
speech to be freely shared, circulated, and modified" (Coleman 2012: 26).
The digital sphere can give a valid example of how renegotiating regulation
can transform a resource from scarce to abundant. When the change from
analogue signal to packet switching begun to take effect, the distribution of
finite territory and the way the radio frequency spectrum was managed got
renegotiated and the amount of slots of space to be allocated grew by an order
of magnitude while the absolute size of the spectrum stayed the same. This
shift enabled Brecht's dream of a two-sided radio to become reality, thus
enabling what he had suggested: "change this apparatus over from distribution
to communication".1
According to Lawrence Lessig, what regulates behavior in cyberspace is an
interdependence of four constraints: market, law, architecture and norms
(Lessig 2012: 121-25). Analogously, space can be put in place of cyberspace,
as the regulation of space is the sum of these four constraints. These four
constraints are in a dynamic relationship in which the balance can be tilted
towards one, depending on how much each of these categories puts pressure on
the other three. Changes in any one reflect the regulation of the whole.
"Architecture" in Lessig's theory should be understood broadly as the "built
environment" that regulates behaviour in (cyber)space. In the last few decades
we have experienced the domination of the market reconfiguring the basis of
norms, law and architecture. In order to counteract this, the other three
constraints need to be re-negotiated. In digital space, this reconfiguration
happened by declaring the code - that is, the set of instructions written as
highly formalized text in a specific programming language to be executed
(usually) by the computer - to be considered as speech in front of the law,
and by hacking the law in order to disrupt the way that property relationships
are formed.
To put it simply, in order to create a change in dynamics between the
architecture, norms and the market, the law had to be addressed first. This is
not a novel procedure, "legal hacking is going on all the time, it is just
that politics is doing it under the veil of legality because they are the
parliament, they are Microsoft, which can hire a whole law firm to defend them
and find all the legal loopholes. Legal hacking is the norm actually" (Bailey
2013). When it comes to physical space, one of the most obvious examples of
the reconfiguration of regulations under the influence of the market is to
create legal provisions, norms and architecture to sustain the concept of
developing (and privatizing) public space through public-private partnerships.
The decision of the Italian parliament that the privatization of services
(specifically of water management) is legal and does not obstruct one's access
to water as a human right, is another example of a crude manipulation of the
law by the state in favour of the market. Unlike legal hacks by corporations
that aim to create a favourable legal climate for another round of
accumulation through dispossession, Stallman's hack tries to limit the impact
of the market and to create a space of freedom for the creation of a code and
of sharable knowledge, by questioning one of the central pillars of liberal
jurisprudence: (intellectual) property law.
Similarly, translated into physical space, one of the initiatives in Europe
that comes closest to creating a real existing urban commons, Teatro Valle
Occupato in Rome, is doing the same, "pushing the borders of legality of
private property" by legally hacking the institution of a foundation to "serve
a public, or common, purpose" and having "notarized [a] document registered
with the Italian state, that creates a precedent for other people to follow in
its way" (Bailey 2013). Sounds familiar to Stallman's hack as the fundamental
gesture by which community and the whole eco-system can be formed.
It is obvious that, in order to create and sustain that type of legal hack, it
is a necessity to have a certain level of awareness and knowledge of how
systems, both political and legal, work, i.e. to be politically literate.
"While in general", says Italian commons-activist and legal scholar Saki
Bailey, "we've become extremely lazy [when it comes to politics]. We've
started to become a kind of society of people who give up their responsibility
to participate by handing it over to some charismatic leaders, experts of [a]
different type" (2013). Free software hackers, in order to understand and take
part in a constant negotiation that takes place on a legal level between the
market that seeks to cloister the code and hackers who want to keep it free,
had to become literate in an arcane legal language. Gabriella Coleman notes in
_Coding Freedom_ that hacker forums sometimes tend to produce legal analysis
that is just as serious as one would expect to find in a law office. Like the
occupants of Teatro Valle, free software hackers understand the importance of
devoting time and energy to understand constraints and to find ways to
structurally divert them.
This type of knowledge is not shared and created in isolation, but in
socialization, in discussions in physical or cyber spaces (such as #irc chat
rooms, forums, mailing lists…), the same way free software hackers share their
knowledge about code. Through this process of socializing knowledge, "the
community is formed, developed, and reproduced through practices focused on
common space. To generalize this principle: the community is developed through
commoning, through acts and forms of organization oriented towards the
production of the common" (Stavrides 2012: 588). Thus forming a community is
another crucial element of the creation of digital commons, but even more
important are its development and resilience. The emerging community was not
given something to manage, it created something together, and together devised
rules of self-regulation and decision-making.
The prime example of this principle in the free software community is the
Debian Project, formed around the development of the Debian Linux
distribution. It is a volunteer organization consisting of around 3,000
developers that since its inception in 1993 has defined a set of basic
principles by which the project and its members conduct their affairs. This
includes the introduction of new people into the community, a process called
Debian Social Contract (DSC). A special part of the DSC defines the criteria
for "free software", thus regulating technical aspects of the project and also
technical relations with the rest of a free software community. The Debian
Constitution, another document created by the community so it can govern
itself, describes the organizational structure for formal decision-making
within the project.
Another example is Wikipedia, where the community that makes the online
encyclopedia also takes part in creating regulations, with some aspects
debated almost endlessly on forums. It is even possible to detect a loose
community of "Internet users" who took to the streets all over the world when
SOPA (Stop Online Piracy Act) and PIPA (Preventing Real Online Threats to
Economic Creativity and Theft of Intellectual Property Act) threatened to
enclose the Internet, as we know it; the proposed legislation was successfully
contested.
Free software projects that represent the core of the digital commons are most
of the time born of the initiative of individuals, but their growth and life
cycle depend on the fact that they get picked up by a community or generate
community around them that is allowed to take part in their regulation and in
decisions about which shape and forms the project will take in the future.
This is an important lesson to be transferred to the physical space in which
many projects fail because they do not get picked up by the intended
community, as the community is not offered a chance to partake in its creation
and, more importantly, its regulation.
## Building common infrastructure and institutions
"The expansion of intellectual property law" as the main vehicle of the trend
to enclose the code that leads to the act of the creation of free software
and, thus, digital commons, "is part and parcel of a broader neoliberal trend
to privatize what was once under public or under the state's aegis, such as
health provision, water delivery, and military services" (Coleman 2012: 16).
The structural fight headed by the GNU/GPL against the enclosure of code
"defines the contractual relationship that serves to secure the freedom of
means of production and to constitute a community of those participating in
the production and reproduction of free resources. And it is this constitutive
character, as an answer to an every time singular situation of appropriation
by the capital, that is a genuine political emancipation striving for an equal
and free collective production" (Mars & Medak 2004). Thus digital commons "is
based on the _communication_ among _singularities_ and emerges through
collaborative social processes of production " (Negri & Hardt 2005: 204).
The most important lesson urban commons can take from its digital counterpart
is at the same time the most difficult one: how to make a structural hack in
the moment of the creation of an urban commons that will enable it to become
structurally self-perpetuating, thus creating fertile ground not only for a
singular spatialization of urban commons to appear, but to multiply and create
a whole new eco-system. Digital commons was the first field in which what
Negri and Hardt (2009: 3-21) called the "republic of property" was challenged.
Urban commons, in order to really emerge as a spatialization of a new type of
relationship, need to start undoing property as well in order to socially re-
appropriate the city. Or in the words of Stavros Stavrides "the most urgent
and promising task, which can oppose the dominant governance model, is the
reinvention of common space. The realm of the common emerges in a constant
confrontation with state-controlled 'authorized' public space. This is an
emergence full of contradictions, perhaps, quite difficult to predict, but
nevertheless necessary. Behind a multifarious demand for justice and dignity,
new roads to collective emancipation are tested and invented. And, as the
Zapatistas say, we can create these roads only while walking. But we have to
listen, to observe, and to feel the walking movement. Together" (Stavrides
2012: 594).
The big task for both digital and urban commons is "[b]uilding a core common
infrastructure [which] is a necessary precondition to allow us to transition
away from a society of passive consumers buying what a small number of
commercial producers are selling. It will allow us to develop into a society
in which all can speak to all, and in which anyone can become an active
participant in political, social and cultural discourse" (Benkler 2003: 9).
This core common infrastructure has to be porous enough to include people that
are not similar, to provide "a ground to build a public realm and give
opportunities for discussing and negotiating what is good for all, rather than
the idea of strengthening communities in their struggle to define their own
commons. Relating commons to groups of "similar" people bears the danger of
eventually creating closed communities. People may thus define themselves as
commoners by excluding others from their milieu, from their own privileged
commons." (Stavrides 2010). If learning carefully from digital commons, urban
commons need to be conceptualized on the basis of the public, with a self-
regulating community that is open for others to join. That socializes
knowledge and thus produces and reproduces the commons, creating a space for
political emancipation that is capable of judicial arguments for the
protection and extension of regulations that are counter-market oriented.
## References
Bailey, Saki (2013): Interview by Dubravka Sekulic and Alexander de Cuveland.
Benkler, Yochai (2003): "The political economy of commons". _Upgrade_ IV, no.
3, 6-9, [www.benkler.org/Upgrade-
Novatica%20Commons.pdf](http://www.benkler.org/Upgrade-
Novatica%20Commons.pdf).
Benkler, Yochai (2006): _The Wealth of Networks: How Social Production
Transforms Markets and Freedom_. New Haven: Yale University Press.
Brecht, Bertolt (2000): "The radio as a communications apparatus". In: _Brecht
on Film and Radio_ , edited by Marc Silberman. Methuen, 41-6.
Coleman, E. Gabriella (2012): _Coding Freedom: The Ethics and Aesthetics of
Hacking_. Princeton University Press / Kindle edition.
Hardt, Michael and Antonio Negri (2005): _Multitude: War and Democracy in the
Age of Empire_. Penguin Books.
Hardt, Michael and Antonio Negri (2011): _Commonwealth_. Belknap Press of
Harvard University Press.
Harvey, David (2012): The Art of Rent. In: _Rebel Cities: From the Right to
the City to the Urban Revolution_ , 1st ed. Verso, 94-118.
Hill, Benjamin Mako (2012): Freedom for Users, Not for Software. In: Bollier,
David & Helfrich, Silke (Ed.): _The Wealth of the Commons: a World Beyond
Market and State_. Levellers Press / E-book.
Lessig, Lawrence (2012): _Code: Version 2.0_. Basic Books.
Linebaugh, Peter (2008): _The Magna Carta Manifesto: Liberties and Commons for
All_. University of California Press.
Mars, Marcell (2013): Interview by Dubravka Sekulic.
Mars, Marcell and Tomislav Medak (2004): "Both devil and gnu",
[www.desk.org:8080/ASU2/newsletter.Zarez.N5M.MedakRomicTXT.EnGlish](http://www.desk.org:8080/ASU2/newsletter.Zarez.N5M.MedakRomicTXT.EnGlish).
Martin, Reinhold (2013): "Public and common(s): Places: Design observer",
[placesjournal.org/article/public-and-
commons](https://placesjournal.org/article/public-and-commons).
Meretz, Stefan (2010): "Commons in a taxonomy of goods", [keimform.de/2010
/commons-in-a-taxonomy-of-goods](http://keimform.de/2010/commons-in-a
-taxonomy-of-goods/).
Moglen, Eben (1999): "Anarchism triumphant: Free software and the death of
copyright", First Monday,
[firstmonday.org/ojs/index.php/fm/article/view/684/594](http://firstmonday.org/ojs/index.php/fm/article/view/684/594).
Stallman, Richard and Joshua Gay (2002): _Free Software, Free Society:
Selected Essays of Richard M. Stallman_. GNU Press.
Stallman, Richard and Joshua Gay (2003): "The Right to Read". _Upgrade_ IV,
no. 3, 26-8.
Stavrides, Stavros (2013): "Contested urban rhythms: From the industrial city
to the post-industrial urban archipelago". _The Sociological Review_ 61,
34-50.
Stavrides, Stavros, and Massimo De Angelis (2010): "On the commons: A public
interview with Massimo De Angelis and Stavros Stavrides". _e-flux_ 17, 1-17,
[www.e-flux.com/journal/on-the-commons-a-public-interview-with-massimo-de-
angelis-and-stavros-stavrides/](http://www.e-flux.com/journal/on-the-commons-a
-public-interview-with-massimo-de-angelis-and-stavros-stavrides/).
1
"[...] radio is one-sided when it should be two-. It is purely an apparatus
for distribution, for mere sharing out. So here is a positive suggestion:
change this apparatus over from distribution to communication". See "The radio
as a communications apparatus", Brecht 2000.
Published 4 November 2015
Original in English
First published by derive 61 (2015)