In 2013, the Authors’ Licensing & Collecting Society
(ALCS)[1](ch3.xhtml#footnote-152) commissioned a survey of its members to
explore writers’ earnings and contractual issues in the UK. The survey, the
results of which were published in the summary booklet ‘What Are Words Worth
Now?’, was carried out by Queen Mary, University of London. Almost 2,500
writers — from literary authors to academics and screenwriters — responded.
‘What Are Words Worth Now?’ summarises the findings of a larger study titled
‘The Business Of Being An Author: A Survey Of Authors’ Earnings And
Contracts’, carried out by Johanna Gibson, Phillip Johnson and Gaetano Dimita
and published in April 2015 by Queen Mary University of
London.[2](ch3.xhtml#footnote-151) The ALCS press release that accompanies the
study states that this ‘shocking’ new research into authors’ earnings finds a
‘dramatic fall, both in incomes, and the number of those working full-time as
writers’.[3](ch3.xhtml#footnote-150) Indeed, two of the main findings of the
study are that, first of all, the income of a professional author (which the
research defines as those who dedicate the majority of their time to writing)
has dropped 29% between 2005 and 2013, from £12,330 (£15,450 in real terms) to
just £11,000. Furthermore, the research found that in 2005 40% of professional
authors earned their incomes solely from writing, where in 2013 this figure
had dropped to just 11.5%.[4](ch3.xhtml#footnote-149)
It seems that one of the primary reasons for the ALCS to conduct this survey
was to collect ‘accurate, independent data’ on writers’ earnings and
contractual issues, in order for the ALCS to ‘make the case for authors’
rights’ — at least, that is what the ALCS Chief Executive Owen Atkinson writes
in the introduction accompanying the survey, which was sent out to all ALCS
members.[5](ch3.xhtml#footnote-148) Yet although this research was conducted
independently and the researchers did not draw conclusions based on the data
collected — in the form of policy recommendations for example — the ALCS did
frame the data and findings in a very specific way, as I will outline in what
follows; this framing includes both the introduction to the survey and the
press release that accompanies the survey’s findings. Yet to some extent this
framing, as I will argue, is already apparent in the methodology used to
produce the data underlying the research report.
First of all, let me provide an example of how the research findings have been
framed in a specific way. Chief Executive Atkinson mentions in his
introduction to the survey that the ALCS ‘exists to ensure that writers are
treated fairly and remunerated appropriately’. He continues that the ALCS
commissioned the survey to collect ‘accurate, independent data,’ in order to
‘make the case for writers’ rights’.[6](ch3.xhtml#footnote-147) Now this focus
on rights in combination with remuneration is all the more noteworthy if we
look at an earlier ALCS funded report from 2007, ‘Authors’ Earnings from
Copyright and Non-Copyright Sources: a Survey of 25,000 British and German
Writers’. This report is based on the findings of a 2006 writers’ survey,
which the 2013 survey updates. The 2007 report argues conclusively that
current copyright law has empirically failed to ensure that authors receive
appropriate reward or remuneration for the use of their
work.[7](ch3.xhtml#footnote-146) The data from the subsequent 2013 survey show
an even bleaker picture as regards the earnings of writers. Yet Atkinson
argues in the press release accompanying the findings of the 2013 survey that
‘if writers are to continue making their irreplaceable contribution to the UK
economy, they need to be paid fairly for their work. This means ensuring
clear, fair contracts with equitable terms and a copyright regime that support
creators and their ability to earn a living from their
creations’.[8](ch3.xhtml#footnote-145) Atkinson does not outline what this
copyright regime should be, nor does he draw attention to how this model could
be improved. More importantly, the fact that a copyright model is needed to
ensure fair pay stands uncontested for Atkinson and the ALCS — not surprising
perhaps, as protecting and promoting the rights of authors is the primary
mission of this member society. If there is any culprit to be held responsible
for the study’s ‘shocking’ findings, it is the elusive and further undefined
notion of ‘the digital’. According to Atkinson, digital technology is
increasingly challenging the mission of the ALCS to ensure fair remuneration
for writers, since it is ‘driving new markets and leading the copyright
debate’.[9](ch3.xhtml#footnote-144) The 2013 study is therefore, as Atkinson
states ‘the first to capture the impact of the digital revolution on writers’
working lives’.[10](ch3.xhtml#footnote-143) This statement is all the more
striking if we take into consideration that none of the questions in the 2013
survey focus specifically on digital publishing.[11](ch3.xhtml#footnote-142)
It therefore seems that — despite earlier findings — the ALCS has already
decided in advance what ‘the digital’ is and that a copyright regime is the
only way to ensure fair remuneration for writers in a digital context.
## Creative Industries
This strong uncontested link between copyright and remuneration can be traced
back to various other aspects of the 2015 report and its release. For example,
the press release draws a strong connection between the findings of the report
and the development of the creative industries in the UK. Again, Atkinson
states in the press release:
These are concerning times for writers. This rapid decline in both author
incomes and in the numbers of those writing full-time could have serious
implications for the economic success of the creative industries in the
UK.[12](ch3.xhtml#footnote-141)
This connection to the creative industries — ‘which are now worth £71.4
billion per year to the UK economy’,[13](ch3.xhtml#footnote-140) Atkinson
points out — is not surprising where the discourse around creative industries
maintains a clear bond between intellectual property rights and creative
labour. As Geert Lovink and Ned Rossiter state in their MyCreativity Reader,
the creative industries consist of ‘the generation and exploitation of
intellectual property’.[14](ch3.xhtml#footnote-139) Here they refer to a
definition created as part of the UK Government’s Creative Industries Mapping
Document,[15](ch3.xhtml#footnote-138) which states that the creative
industries are ‘those industries which have their origin in individual
creativity, skill and talent and which have a potential for wealth and job
creation through the generation and exploitation of intellectual property’.
Lovink and Rossiter point out that the relationship between IP and creative
labour lies at the basis of the definition of the creative industries where,
as they argue, this model of creativity assumes people only create to produce
economic value. This is part of a larger trend Wendy Brown has described as
being quintessentially neoliberal, where ‘neoliberal rationality disseminates
the model of the market to all domains and activities’ — and this includes the
realm of politics and rights.[16](ch3.xhtml#footnote-137) In this sense the
economization of culture and the concept of creativity is something that has
become increasingly embedded and naturalised. The exploitation of intellectual
property stands at the basis of the creative industries model, in which
cultural value — which can be seen as intricate, complex and manifold —
becomes subordinated to the model of the market; it becomes economic
value.[17](ch3.xhtml#footnote-136)
This direct association of cultural value and creativity with economic value
is apparent in various other facets of the ALCS commissioned research and
report. Obviously, the title of the initial summary booklet, as a form of
wordplay, asks ‘What are words worth?’. It becomes clear from the context of
the survey that the ‘worth’ of words will only be measured in a monetary
sense, i.e. as economic value. Perhaps even more important to understand in
this context, however, is how this economic worth of words is measured and
determined by focusing on two fixed and predetermined entities in advance.
First of all, the study focuses on individual human agents of creativity (i.e.
creators contributing economic value): the value of writing is established by
collecting data and making measurements at the level of individual authorship,
addressing authors/writers as singular individuals throughout the survey.
Secondly, economic worth is further determined by focusing on the fixed and
stable creative objects authors produce, in other words the study establishes
from the outset a clear link between the worth and value of writing and
economic remuneration based on individual works of
writing.[18](ch3.xhtml#footnote-135) Therefore in this process of determining
the economic worth of words, ‘writers’ and/or ‘authors’ are described and
positioned in a certain way in this study (i.e. as the central agents and
originators of creative objects), as is the form their creativity takes in the
shape of quantifiable outputs or commodities. The value of both these units of
measurement (the creator and the creative objects) are then set off against
the growth of the creative industries in the press release.
The ALCS commissioned survey provides some important insights into how
authorship, cultural works and remuneration — and ultimately, creativity — is
currently valued, specifically in the context of the creative industries
discourse in the UK. What I have tried to point out — without wanting to
downplay the importance either of writers receiving fair remuneration for
their work or of issues related to the sustainability of creative processes —
is that the findings from this survey have both been extracted and
subsequently framed based on a very specific economic model of creativity (and
authorship). According to this model, writing and creativity are sustained
most clearly by an individual original creator (an author) who extracts value
from the work s/he creates and distributes, aided by an intellectual property
rights regime. As I will outline more in depth in what follows, the enduring
liberal and humanist presumptions that underlie this survey continuously
reinforce the links between the value of writing and established IP and
remuneration regimes, and support a vision in which authorship and creativity
are dependent on economic incentives and ownership of works. By working within
this framework and with these predetermined concepts of authorship and
creativity (and ‘the digital’) the ALCS is strongly committed to the upkeep of
a specific model and discourse of creativity connected to the creative
industries. The ALCS does not attempt to complicate this model, nor does it
search for alternatives even when, as the 2007 report already implies, the
existing IP model has empirically failed to support the remuneration of
writers appropriately.
I want to use this ALCS survey as a reference point to start problematising
existing constructions of creativity, authorship, ownership, and
sustainability in relation to the ethics of publishing. To explore what ‘words
are worth’ and to challenge the hegemonic liberal humanist model of creativity
— to which the ALCS adheres — I will examine a selection of theoretical and
practical publishing and writing alternatives, from relational and posthuman
authorship to radical open access and uncreative writing. These alternatives
do not deny the importance of fair remuneration and sustainability for the
creative process; however, they want to foreground and explore creative
relationalities that move beyond the individual author and her ownership of
creative objects as the only model to support creativity and cultural
exchange. By looking at alternatives while at the same time complicating the
values and assumptions underlying the dominant narrative for IP expansion, I
want to start imagining what more ethical, fair and emergent forms of
creativity might entail. Forms that take into consideration the various
distributed and entangled agencies involved in the creation of cultural
content — which are presently not being included in the ALCS survey on fair
remuneration, for example. As I will argue, a reconsideration of the liberal
and humanist model of creativity might actually create new possibilities to
consider the value of words, and with that perhaps new solutions to the
problems pointed out in the ALCS study.
## Relational and Distributed Authorship
One of the main critiques of the liberal humanist model of authorship concerns
how it privileges the author as the sole source and origin of creativity. Yet
the argument has been made, both from a historical perspective and in relation
to today’s networked digital environment, that authorship and creativity, and
with that the value and worth of that creativity, are heavily
distributed.[19](ch3.xhtml#footnote-134) Should we therefore think about how
we can distribute notions of authorship and creativity more ethically when
defining the worth and value of words too? Would this perhaps mean a more
thorough investigation of what and who the specific agencies involved in
creative production are? This seems all the more important given that, today,
‘the value of words’ is arguably connected not to (distributed) authors or
creative agencies, but to rights holders (or their intermediaries such as
agents).[20](ch3.xhtml#footnote-133) From this perspective, the problem with
the copyright model as it currently functions is that the creators of
copyright don’t necessarily end up benefiting from it — a point that was also
implied by the authors of the 2007 ALCS commissioned report. Copyright
benefits rights holders, and rights holders are not necessarily, and often not
at all, involved in the production of creative work.
Yet copyright and the work as object are knit tightly to the authorship
construct. In this respect, the above criticism notwithstanding, in a liberal
vision of creativity and ownership the typical unit remains either the author
or the work. This ‘solid and fundamental unit of the author and the work’ as
Foucault has qualified it, albeit challenged, still retains a privileged
position.[21](ch3.xhtml#footnote-132) As Mark Rose argues, authorship — as a
relatively recent cultural formation — can be directly connected to the
commodification of writing and to proprietorship. Even more it developed in
tandem with the societal principle of possessive individualism, in which
individual property rights are protected by the social
order.[22](ch3.xhtml#footnote-131)
Some of the more interesting recent critiques of these constructs of
authorship and proprietorship have come from critical and feminist legal
studies, where scholars such as Carys Craig have started to question these
connections further. As Craig, Turcotte and Coombe argue, IP and copyright are
premised on liberal and neoliberal assumptions and constructs, such as
ownership, private rights, self-interest and
individualism.[23](ch3.xhtml#footnote-130) In this sense copyright,
authorship, the work as object, and related discourses around creativity
continuously re-establish and strengthen each other as part of a self-
sustaining system. We have seen this with the discourse around creative
industries, as part of which economic value comes to stand in for the creative
process itself, which, according to this narrative, can only be sustained
through an IP regime. Furthermore, from a feminist new materialist position,
the current discourse on creativity is very much a material expression of
creativity rather than merely its representation, where this discourse has
been classifying, constructing, and situating creativity (and with that,
authorship) within a neoliberal framework of creative industries.
Moving away from an individual construct of creativity therefore immediately
affects the question of the value of words. In our current copyright model
emphasis lies on the individual original author, but in a more distributed
vision the value of words and of creative production can be connected to a
broader context of creative agencies. Historically there has been a great
discursive shift from a valuing of imitation or derivation to a valuing of
originality in determining what counts as creativity or creative output.
Similar to Rose, Craig, Turcotte and Coombe argue that the individuality and
originality of authorship in its modern form established a simple route
towards individual ownership and the propertisation of creative achievement:
the original work is the author’s ownership whereas the imitator or pirate is
a trespasser of thief. In this sense original authorship is
‘disproportionately valued against other forms of cultural expression and
creative play’, where copyright upholds, maintains and strengthens the binary
between imitator and creator — defined by Craig, Turcotte and Coombe as a
‘moral divide’.[24](ch3.xhtml#footnote-129) This also presupposes a notion of
creativity that sees individuals as autonomous, living in isolation from each
other, ignoring their relationality. Yet as Craig, Turcotte and Coombe argue,
‘the act of writing involves not origination, but rather the adaptation,
derivation, translation and recombination of “raw material” taken from
previously existing texts’.[25](ch3.xhtml#footnote-128) This position has also
been explored extensively from within remix studies and fan culture, where the
adaptation and remixing of cultural content stands at the basis of creativity
(what Lawrence Lessig has called Read/Write culture, opposed to Read/Only
culture).[26](ch3.xhtml#footnote-127) From the perspective of access to
culture — instead of ownership of cultural goods or objects — one could also
argue that its value would increase when we are able to freely distribute it
and with that to adapt and remix it to create new cultural content and with
that cultural and social value — this within a context in which, as Craig,
Turcotte and Coombe point out, ‘the continuous expansion of intellectual
property rights has produced legal regimes that restrict access and downstream
use of information resources far beyond what is required to encourage their
creation’[27](ch3.xhtml#footnote-126)
To move beyond Enlightenment ideals of individuation, detachment and unity of
author and work, which determine the author-owner in the copyright model,
Craig puts forward a post-structuralist vision of relational authorship. This
sees the individual as socially situated and constituted — based also on
feminist scholarship into the socially situated self — where authorship in
this vision is situated within the communities in which it exists, but also in
relation to the texts and discourses that constitute it. Here creativity takes
place from within a network of social relations and the social dimensions of
authorship are recognised, as connectivity goes hand in hand with individual
autonomy. Craig argues that copyright should not be defined out of clashing
rights and interests but should instead focus on the kinds of relationships
this right would structure; it should be understood in relational terms: ‘it
structures relationships between authors and users, allocating powers and
responsibilities amongst members of cultural communities, and establishing the
rules of communication and exchange’.[28](ch3.xhtml#footnote-125) Cultural
value is then defined within these relationships.
## Open Access and the Ethics of Care
Craig, Turcotte and Coombe draw a clear connection between relational
authorship, feminism and (the ideals of) the open access movement, where as
they state, ‘rather than adhering to the individuated form of authorship that
intellectual property laws presuppose, open access initiatives take into
account varying forms of collaboration, creativity and
development’.[29](ch3.xhtml#footnote-124) Yet as I and others have argued
elsewhere,[30](ch3.xhtml#footnote-123) open access or open access publishing
is not a solid ideological block or model; it is made up of disparate groups,
visions and ethics. In this sense there is nothing intrinsically political or
democratic about open access, practitioners of open access can just as well be
seen to support and encourage open access in connection with the neoliberal
knowledge economy, with possessive individualism — even with CC licenses,
which can be seen as strengthening individualism —[31](ch3.xhtml#footnote-122)
and with the unity of author and work.[32](ch3.xhtml#footnote-121)
Nevertheless, there are those within the loosely defined and connected
‘radical open access community’, that do envision their publishing outlook and
relationship towards copyright, openness and authorship within and as part of
a relational ethics of care.[33](ch3.xhtml#footnote-120) For example Mattering
Press, a scholar-led open access book publishing initiative founded in 2012
and launched in 2016, publishes in the field of Science and Technology Studies
(STS) and works with a production model based on cooperation and shared
scholarship. As part of its publishing politics, ethos and ideology, Mattering
Press is therefore keen to include various agencies involved in the production
of scholarship, including ‘authors, reviewers, editors, copy editors, proof
readers, typesetters, distributers, designers, web developers and
readers’.[34](ch3.xhtml#footnote-119) They work with two interrelated feminist
(new materialist) and STS concepts to structure and perform this ethos:
mattering[35](ch3.xhtml#footnote-118) and care.[36](ch3.xhtml#footnote-117)
Where it concerns mattering, Mattering Press is conscious of how their
experiment in knowledge production, being inherently situated, puts new
relationships and configurations into the world. What therefore matters for
them are not so much the ‘author’ or the ‘outcome’ (the object), but the
process and the relationships that make up publishing:
[…] the way academic texts are produced matters — both analytically and
politically. Dominant publishing practices work with assumptions about the
conditions of academic knowledge production that rarely reflect what goes on
in laboratories, field sites, university offices, libraries, and various
workshops and conferences. They tend to deal with almost complete manuscripts
and a small number of authors, who are greatly dependent on the politics of
the publishing industry.[37](ch3.xhtml#footnote-116)
For Mattering Press care is something that extends not only to authors but to
the many other actants involved in knowledge production, who often provide
free volunteer labour within a gift economy context. As Mattering Press
emphasises, the ethics of care ‘mark vital relations and practices whose value
cannot be calculated and thus often goes unacknowledged where logics of
calculation are dominant’.[38](ch3.xhtml#footnote-115) For Mattering Press,
care can help offset and engage with the calculative logic that permeates
academic publishing:
[…] the concept of care can help to engage with calculative logics, such as
those of costs, without granting them dominance. How do we calculate so that
calculations do not dominate our considerations? What would it be to care for
rather than to calculate the cost of a book? This is but one and arguably a
relatively conservative strategy for allowing other logics than those of
calculation to take centre stage in publishing.[39](ch3.xhtml#footnote-114)
This logic of care refers, in part, to making visible the ‘unseen others’ as
Joe Deville (one of Mattering Press’s editors) calls them, who exemplify the
plethora of hidden labour that goes unnoticed within this object and author-
focused (academic) publishing model. As Endre Danyi, another Mattering Press
editor, remarks, quoting Susan Leigh Star: ‘This is, in the end, a profoundly
political process, since so many forms of social control rely on the erasure
or silencing of various workers, on deleting their work from representations
of the work’.[40](ch3.xhtml#footnote-113)
## Posthuman Authorship
Authorship is also being reconsidered as a polyvocal and collaborative
endeavour by reflecting on the agentic role of technology in authoring
content. Within digital literature, hypertext and computer-generated poetry,
media studies scholars have explored the role played by technology and the
materiality of text in the creation process, where in many ways writing can be
seen as a shared act between reader, writer and computer. Lori Emerson
emphasises that machines, media or technology are not neutral in this respect,
which complicates the idea of human subjectivity. Emerson explores this
through the notion of ‘cyborg authorship’, which examines the relation between
machine and human with a focus on the potentiality of in-
betweenness.[41](ch3.xhtml#footnote-112) Dani Spinosa talks about
‘collaboration with an external force (the computer, MacProse, technology in
general)’.[42](ch3.xhtml#footnote-111) Extending from the author, the text
itself, and the reader as meaning-writer (and hence playing a part in the
author function), technology, she states, is a fourth term in this
collaborative meaning-making. As Spinosa argues, in computer-generated texts
the computer is more than a technological tool and becomes a co-producer,
where it can occur that ‘the poet herself merges with the machine in order to
place her own subjectivity in flux’.[43](ch3.xhtml#footnote-110) Emerson calls
this a ‘break from the model of the poet/writer as divinely inspired human
exemplar’, which is exemplified for her in hypertext, computer-generated
poetry, and digital poetry.[44](ch3.xhtml#footnote-109)
Yet in many ways, as Emerson and Spinosa also note, these forms of posthuman
authorship should be seen as part of a larger trend, what Rolf Hughes calls an
‘anti-authorship’ tradition focused on auto-poesis (self-making), generative
systems and automatic writing. As Hughes argues, we see this tradition in
print forms such as Oulipo and in Dada experiments and surrealist games
too.[45](ch3.xhtml#footnote-108) But there are connections here with broader
theories that focus on distributed agency too, especially where it concerns
the influence of the materiality of the text. Media theorists such as N.
Katherine Hayles and Johanna Drucker have extensively argued that the
materiality of the page is entangled with the intentionality of the author as
a further agency; Drucker conceptualises this through a focus on ‘conditional
texts’ and ‘performative materiality’ with respect to the agency of the
material medium (be it the printed page or the digital
screen).[46](ch3.xhtml#footnote-107)
Where, however, does the redistribution of value creation end in these
narratives? As Nick Montfort states with respect to the agency of technology,
‘should other important and inspirational mechanisms — my CD player, for
instance, and my bookshelves — get cut in on the action as
well?’[47](ch3.xhtml#footnote-106) These distributed forms of authorship do
not solve issues related to authorship or remuneration but further complicate
them. Nevertheless Montfort is interested in describing the processes involved
in these types of (posthuman) co-authorship, to explore the (previously
unexplored) relationships and processes involved in the authoring of texts
more clearly. As he states, this ‘can help us understand the role of the
different participants more fully’.[48](ch3.xhtml#footnote-105) In this
respect a focus on posthuman authorship and on the various distributed
agencies that play a part in creative processes is not only a means to disrupt
the hegemonic focus on a romantic single and original authorship model, but it
is also about a sensibility to (machinic) co-authorship, to the different
agencies involved in the creation of art, and playing a role in creativity
itself. As Emerson remarks in this respect: ‘we must be wary of granting a
(romantic) specialness to human intentionality — after all, the point of
dividing the responsibility for the creation of the poems between human and
machine is to disrupt the singularity of human identity, to force human
identity to intermingle with machine identity’.[49](ch3.xhtml#footnote-104)
## Emergent Creativity
This more relational notion of rights and the wider appreciation of the
various (posthuman) agencies involved in creative processes based on an ethics
of care, challenges the vision of the single individualised and original
author/owner who stands at the basis of our copyright and IP regime — a vision
that, it is worth emphasising, can be seen as a historical (and Western)
anomaly, where collaborative, anonymous, and more polyvocal models of
authorship have historically prevailed.[50](ch3.xhtml#footnote-103) The other
side of the Foucauldian double bind, i.e. the fixed cultural object that
functions as a commodity, has however been similarly critiqued from several
angles. As stated before, and as also apparent from the way the ALCS report
has been framed, currently our copyright and remuneration regime is based on
ownership of cultural objects. Yet as many have already made clear, this
regime and discourse is very much based on physical objects and on a print-
based context.[51](ch3.xhtml#footnote-102) As such the idea of ‘text’ (be it
print or digital) has not been sufficiently problematised as versioned,
processual and materially changing within an IP context. In other words, text
and works are mostly perceived as fixed and stable objects and commodities
instead of material and creative processes and entangled relationalities. As
Craig et al. state, ‘the copyright system is unfortunately employed to
reinforce the norms of the analog world’.[52](ch3.xhtml#footnote-101) In
contrast to a more relational perspective, the current copyright regime views
culture through a proprietary lens. And it is very much this discursive
positioning, or as Craig et al. argue ‘the language of “ownership,”
“property,” and “commodity”’, which ‘obfuscates the nature of copyright’s
subject matter, and cloaks the social and cultural conditions of its
production and the implications of its
protection’.[53](ch3.xhtml#footnote-100) How can we approach creativity in
context, as socially and culturally situated, and not as the free-standing,
stable product of a transcendent author, which is very much how it is being
positioned within an economic and copyright framework? This hegemonic
conception of creativity as property fails to acknowledge or take into
consideration the manifold, distributed, derivative and messy realities of
culture and creativity.
It is therefore important to put forward and promote another more emergent
vision of creativity, where creativity is seen as both processual and only
ever temporarily fixed, and where the work itself is seen as being the product
of a variety of (posthuman) agencies. Interestingly, someone who has written
very elaborately about a different form of creativity relevant to this context
is one of the authors of the ALCS commissioned report, Johanna Gibson. Similar
to Craig, who focuses on the relationality of copyright, Gibson wants to pay
more attention to the networking of creativity, moving it beyond a focus on
traditional models of producers and consumers in exchange for a ‘many-to-many’
model of creativity. For Gibson, IP as a system aligns with a corporate model
of creativity, one which oversimplifies what it means to be creative and
measures it against economic parameters alone.[54](ch3.xhtml#footnote-099) In
many ways in policy driven visions, IP has come to stand in for the creative
process itself, Gibson argues, and is assimilated within corporate models of
innovation. It has thus become a synonym for creativity, as we have seen in
the creative industries discourse. As Gibson explains, this simplified model
of creativity is very much a ‘discursive strategy’ in which the creator is
mythologised and output comes in the form of commodified
objects.[55](ch3.xhtml#footnote-098) In this sense we need to re-appropriate
creativity as an inherently fluid and uncertain concept and practice.
Yet this mimicry of creativity by IP and innovation at the same time means
that any re-appropriation of creativity from the stance of access and reuse is
targeted as anti-IP and thus as standing outside of formal creativity. Other,
more emergent forms of creativity have trouble existing within this self-
defining and sustaining hegemonic system. This is similar to what Craig
remarked with respect to remixed, counterfeit and pirated, and un-original
works, which are seen as standing outside the system. Gibson uses actor
network theory (ANT) as a framework to construct her network-based model of
creativity, where for her ANT allows for a vision that does not fix creativity
within a product, but focuses more on the material relationships and
interactions between users and producers. In this sense, she argues, a network
model allows for plural agencies to be attributed to creativity, including
those of users.[56](ch3.xhtml#footnote-097)
An interesting example of how the hegemonic object-based discourse of
creativity can be re-appropriated comes from the conceptual poet Kenneth
Goldsmith, who, in what could be seen as a direct response to this dominant
narrative, tries to emphasise that exactly what this discourse classifies as
‘uncreative’, should be seen as valuable in itself. Goldsmith points out that
appropriating is creative and that he uses it as a pedagogical method in his
classes on ‘Uncreative Writing’ (which he defines as ‘the art of managing
information and representing it as writing’[57](ch3.xhtml#footnote-096)). Here
‘uncreative writing’ is something to strive for and stealing, copying, and
patchwriting are elevated as important and valuable tools for writing. For
Goldsmith the digital environment has fostered new skills and notions of
writing beyond the print-based concepts of originality and authorship: next to
copying, editing, reusing and remixing texts, the management and manipulation
of information becomes an essential aspect of
creativity.[58](ch3.xhtml#footnote-095) Uncreative writing involves a
repurposing and appropriation of existing texts and works, which then become
materials or building blocks for further works. In this sense Goldsmith
critiques the idea of texts or works as being fixed when asking, ‘if artefacts
are always in flux, when is a historical work determined to be
“finished”?’[59](ch3.xhtml#footnote-094) At the same time, he argues, our
identities are also in flux and ever shifting, turning creative writing into a
post-identity literature.[60](ch3.xhtml#footnote-093) Machines play important
roles in uncreative writing, as active agents in the ‘managing of
information’, which is then again represented as writing, and is seen by
Goldsmith as a bridge between human-centred writing and full-blown
‘robopoetics’ (literature written by machines, for machines). Yet Goldsmith is
keen to emphasise that these forms of uncreative writing are not beholden to
the digital medium, and that pre-digital examples are plentiful in conceptual
literature and poetry. He points out — again by a discursive re-appropriation
of what creativity is or can be — that sampling, remixing and appropriation
have been the norm in other artistic and creative media for decades. The
literary world is lagging behind in this respect, where, despite the
experiments by modernist writers, it continues neatly to delineate avant-garde
from more general forms of writing. Yet as Goldsmith argues the digital has
started to disrupt this distinction again, moving beyond ‘analogue’ notions of
writing, and has fuelled with it the idea that there might be alternative
notions of writing: those currently perceived as
uncreative.[61](ch3.xhtml#footnote-092)
## Conclusion
There are two addendums to the argument I have outlined above that I would
like to include here. First of all, I would like to complicate and further
critique some of the preconceptions still inherent in the relational and
networked copyright models as put forward by Craig et al. and Gibson. Both are
in many ways reformist and ‘responsive’ models. Gibson, for example, does not
want to do away with IP rights, she wants them to develop and adapt to mirror
society more accurately according to a networked model of creativity. For her,
the law is out of tune with its public, and she wants to promote a more
inclusive networked (copy) rights model.[62](ch3.xhtml#footnote-091) For Craig
too, relationalities are established and structured by rights first and
foremost. Yet from a posthuman perspective we need to be conscious of how the
other actants involved in creativity would fall outside such a humanist and
subjective rights model.[63](ch3.xhtml#footnote-090) From texts and
technologies themselves to the wider environmental context and to other
nonhuman entities and objects: in what sense will a copyright model be able to
extend such a network beyond an individualised liberal humanist human subject?
What do these models exclude in this respect and in what sense are they still
limited by their adherence to a rights model that continues to rely on
humanist nodes in a networked or relational model? As Anna Munster has argued
in a talk about the case of the monkey selfie, copyright is based on a logic
of exclusion that does not line up with the assemblages of agentic processes
that make up creativity and creative expression.[64](ch3.xhtml#footnote-089)
How can we appreciate the relational and processual aspects of identity, which
both Craig and Gibson seem to want to promote, if we hold on to an inherently
humanist concept of subjectification, rights and creativity?
Secondly, I want to highlight that we need to remain cautious of a movement
away from copyright and the copyright industries, to a context of free culture
in which free content — and the often free labour it is based upon — ends up
servicing the content industries (i.e. Facebook, Google, Amazon). We must be
wary when access or the narrative around (open) access becomes dominated by
access to or for big business, benefitting the creative industries and the
knowledge economy. The danger of updating and adapting IP law to fit a
changing digital context and to new technologies, of making it more inclusive
in this sense — which is something both Craig and Gibson want to do as part of
their reformative models — is that this tends to be based on a very simplified
and deterministic vision of technology, as something requiring access and an
open market to foster innovation. As Sarah Kember argues, this technocratic
rationale, which is what unites pro-and anti-copyright activists in this
sense, essentially de-politicises the debate around IP; it is still a question
of determining the value of creativity through an economic perspective, based
on a calculative lobby.[65](ch3.xhtml#footnote-088) The challenge here is to
redefine the discourse in such a way that our focus moves away from a dominant
market vision, and — as Gibson and Craig have also tried to do — to emphasise
a non-calculative ethics of relations, processes and care instead.
I would like to return at this point to the ALCS report and the way its
results have been framed within a creative industries discourse.
Notwithstanding the fact that fair remuneration and incentives for literary
production and creativity in general are of the utmost importance, what I have
tried to argue here is that the ‘solution’ proposed by the ALCS does not do
justice to the complexities of creativity. When discussing remuneration of
authors, the ALCS seems to prefer a simple solution in which copyright is seen
as a given, the digital is pointed out as a generalised scapegoat, and
binaries between print and digital are maintained and strengthened.
Furthermore, fair remuneration is encapsulated by the ALCS within an economic
calculative logic and rhetoric, sustained by and connected to a creative
industries discourse, which continuously recreates the idea that creativity
and innovation are one. Instead I have tried to put forward various
alternative visions and practices, from radical open access to posthuman
authorship and uncreative writing, based on vital relationships and on an
ethics of care and responsibility. These alternatives highlight distributed
and relational authorship and/or showcase a sensibility that embraces
posthuman agencies and processual publishing as part of a more complex,
emergent vision of creativity, open to different ideas of what creativity is
and can become. In this vision creativity is thus seen as relational, fluid
and processual and only ever temporarily fixed as part of our ethical decision
making: a decision-making process that is contingent on the contexts and
relationships with which we find ourselves entangled. This involves asking
questions about what writing is and does, and how creativity expands beyond
our established, static, or given concepts, which include copyright and a
focus on the author as a ‘homo economicus’, writing as inherently an
enterprise, and culture as commodified. As I have argued, the value of words,
indeed the economic worth and sustainability of words and of the ‘creative
industries’, can and should be defined within a different narrative. Opening
up from the hegemonic creative industries discourse and the way we perform it
through our writing practices might therefore enable us to explore extended
relationalities of emergent creativity, open-ended publishing processes, and a
feminist ethics of care and responsibility.
This contribution has showcased examples of experimental, hybrid and posthuman
writing and publishing practices that are intervening in this established
discourse on creativity. How, through them, can we start to performatively
explore a new discourse and reconfigure the relationships that underlie our
writing processes? How can the worth of writing be reflected in different
ways?
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and Michaela Spencer (2013) ‘Mattering Press: New Forms of Care for STS
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Studies (New York and London: Routledge), pp. 104–14,
— (2014) ‘Embracing Messiness’, LSE Impact of Social Sciences,
adema-pdsc14/>
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Monograph in Contemporary Digital Culture’ (PhD dissertation, Coventry
University),
f4c62c77ac86/1/ademacomb.pdf>
— (2014) ‘Open Access’, in Critical Keywords for the Digital Humanities
(Lueneburg: Centre for Digital Cultures (CDC)),
— and Gary Hall (2013) ‘The Political Nature of the Book: On Artists’ Books
and Radical Open Access’, New Formations 78.1, 138–56,
— and Samuel Moore (2018) ‘Collectivity and Collaboration: Imagining New Forms
of Communality to Create Resilience in Scholar-Led Publishing’, Insights 31.3,
ALCS, Press Release (8 July 2014) ‘What Are Words Worth Now? Not Enough’,
Barad, Karen (2007) Meeting the Universe Halfway: Quantum Physics and the
Entanglement of Matter and Meaning (Durham, N.C., and London: Duke University
Press).
Boon, Marcus (2010) In Praise of Copying (Cambridge, MA: Harvard University
Press).
Brown, Wendy (2015) Undoing the Demos: Neoliberalism’s Stealth Revolution
(Cambridge, MA: MIT Press).
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Europe Between the 14th and 18th Centuries, 1st ed. (Stanford, CA: Stanford
University Press).
Craig, Carys J. (2011) Copyright, Communication and Culture: Towards a
Relational Theory of Copyright Law (Cheltenham, UK, and Northampton, MA:
Edward Elgar Publishing).
— Joseph F. Turcotte, and Rosemary J. Coombe (2011) ‘What’s Feminist About
Open Access? A Relational Approach to Copyright in the Academy’, Feminists@law
1.1,
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New York, NY: nai010 publishers).
Drucker, Johanna (2015) ‘Humanist Computing at the End of the Individual Voice
and the Authoritative Text’, in Patrik Svensson and David Theo Goldberg
(eds.), Between Humanities and the Digital (Cambridge, MA: MIT Press), pp.
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— (2014) ‘Distributed and Conditional Documents: Conceptualizing
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Materialidades da Literatura 2.1, 11–29.
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Poem: Reading Walter Benn Michaels with Erin Moureacute’s Pillage Land’, ESC:
English Studies in Canada 34, 45–69.
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Koskimaa, Loss Pequeño Glazier and John Cayley (eds.), CyberText Yearbook
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Epistemology (New York: The New Press).
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humanities/>
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Access Now (Minneapolis, MN: University of Minnesota Press).
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Jenkins, Henry, and Owen Gallagher (2008) ‘“What Is Remix Culture?”: An
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(Chicago, IL: University of Chicago Press).
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New Formations: A Journal of Culture/Theory/Politics 83.1, 99–116.
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report.pdf](https://microsites.bournemouth.ac.uk/cippm/files/2007/07/ACLS-
Full-report.pdf)
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(Charlottesville, VA: University of Virginia Press).
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Eskelinen, Raine Kosimaa, Loss Pequeño Glazier and John Cayley (eds.),
CyberText Yearbook 2002–2003, 2003, 201–17, , pp. 201–17.
Moore, Samuel A. (2017) ‘A Genealogy of Open Access: Negotiations between
Openness and Access to Research’, Revue Française des Sciences de
l’information et de la Communication 11,
Munster, Anna (2016) ‘Techno-Animalities — the Case of the Monkey Selfie’
(presented at the Goldsmiths University, London),
Navas, Eduardo (2012) Remix Theory: The Aesthetics of Sampling (Vienna and New
York: Springer).
Parikka, Jussi, and Mercedes Bunz (11 July 2014) ‘A Mini-Interview: Mercedes
Bunz Explains Meson Press’, Machinology,
meson-press/>
Richards, Victoria (7 January 2016) ‘Monkey Selfie: Judge Rules Macaque Who
Took Grinning Photograph of Himself “Cannot Own Copyright”’, The Independent,
macaque-who-took-grinning-photograph-of-himself-cannot-own-
copyright-a6800471.html>
Robbins, Sarah (2003) ‘Distributed Authorship: A Feminist Case-Study Framework
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Rose, Mark (1993) Authors and Owners: The Invention of Copyright (Cambridge,
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Spinosa, Dani (14 May 2014) ‘“My Line (Article) Has Sighed”: Authorial
Subjectivity and Technology’, Generic Pronoun,
Star, Susan Leigh (1991) ‘The Sociology of the Invisible: The Primacy of Work
in the Writings of Anselm Strauss’, in Anselm Leonard Strauss and David R.
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Anselm Strauss (New York: A. de Grutyer).
* * *
[1](ch3.xhtml#footnote-152-backlink) The Authors’ Licensing and Collecting
Society is a [British](https://en.wikipedia.org/wiki/United_Kingdom)
membership organisation for writers, established in 1977 with over 87,000
members, focused on protecting and promoting authors’ rights. ALCS collects
and pays out money due to members for secondary uses of their work (copying,
broadcasting, recording etc.).
[2](ch3.xhtml#footnote-151-backlink) This survey was an update of an earlier
survey conducted in 2006 by the Centre of Intellectual Property Policy and
Management (CIPPM) at Bournemouth University.
[3](ch3.xhtml#footnote-150-backlink) ‘New Research into Authors’ Earnings
Released’, Authors’ Licensing and Collecting Society, 2014,
Us/News/News/What-are-words-worth-now-not-much.aspx>
[4](ch3.xhtml#footnote-149-backlink) Johanna Gibson, Phillip Johnson, and
Gaetano Dimita, The Business of Being an Author: A Survey of Author’s Earnings
and Contracts (London: Queen Mary University of London, 2015), p. 9,
[https://orca.cf.ac.uk/72431/1/Final Report - For Web Publication.pdf
](https://orca.cf.ac.uk/72431/1/Final%20Report%20-%20For%20Web%20Publication.pdf)
[5](ch3.xhtml#footnote-148-backlink) ALCS, Press Release. What Are Words Worth
Now? Not Enough, 8 July 2014,
worth-now-not-enough>
[6](ch3.xhtml#footnote-147-backlink) Gibson, Johnson, and Dimita, The Business
of Being an Author, p. 35.
[7](ch3.xhtml#footnote-146-backlink) M. Kretschmer and P. Hardwick, Authors’
Earnings from Copyright and Non-Copyright Sources: A Survey of 25,000 British
and German Writers (Poole: CIPPM/ALCS Bournemouth University, 2007), p. 3,
[https://microsites.bournemouth.ac.uk/cippm/files/2007/07/ALCS-Full-
report.pdf](https://microsites.bournemouth.ac.uk/cippm/files/2007/07/ACLS-
Full-report.pdf)
[8](ch3.xhtml#footnote-145-backlink) ALCS, Press Release, 8 July 2014,
[https://www.alcs.co.uk/news/what-are-words-](https://www.alcs.co.uk/news
/what-are-words-worth-now-not-enough) worth-now-not-enough
[9](ch3.xhtml#footnote-144-backlink) Gibson, Johnson, and Dimita, The Business
of Being an Author, p. 35.
[10](ch3.xhtml#footnote-143-backlink) Ibid.
[11](ch3.xhtml#footnote-142-backlink) In the survey, three questions that
focus on various sources of remuneration do list digital publishing and/or
online uses as an option (questions 8, 11, and 15). Yet the data tables
provided in the appendix to the report do not provide the findings for
questions 11 and 15 nor do they differentiate according to type of media for
other tables related to remuneration. The only data table we find in the
report related to digital publishing is table 3.3, which lists ‘Earnings
ranked (1 to 7) in relation to categories of work’, where digital publishing
ranks third after books and magazines/periodicals, but before newspapers,
audio/audio-visual productions and theatre. This lack of focus on the effect
of digital publishing on writers’ incomes, for a survey that is ‘the first to
capture the impact of the digital revolution on writers’ working lives’, is
quite remarkable. Gibson, Johnson, and Dimita, The Business of Being an
Author, Appendix 2.
[12](ch3.xhtml#footnote-141-backlink) Ibid., p. 35.
[13](ch3.xhtml#footnote-140-backlink) Ibid.
[14](ch3.xhtml#footnote-139-backlink) Geert Lovink and Ned Rossiter (eds.),
MyCreativity Reader: A Critique of Creative Industries (Amsterdam: Institute
of Network Cultures, 2007), p. 14,
[16](ch3.xhtml#footnote-137-backlink) Wendy Brown, Undoing the Demos:
Neoliberalism’s Stealth Revolution (Cambridge, MA: MIT Press, 2015), p. 31.
[17](ch3.xhtml#footnote-136-backlink) Therefore Lovink and Rossiter make a
plea to, ‘redefine creative industries outside of IP generation’. Lovink and
Rossiter, MyCreativity Reader, p. 14.
[18](ch3.xhtml#footnote-135-backlink) Next to earnings made from writing more
in general, the survey on various occasions asks questions about earnings
arising from specific categories of works and related to the amount of works
exploited (published/broadcast) during certain periods. Gibson, Johnson, and
Dimita, The Business of Being an Author, Appendix 2.
[19](ch3.xhtml#footnote-134-backlink) Roger Chartier, The Order of Books:
Readers, Authors, and Libraries in Europe Between the 14th and 18th Centuries,
1st ed. (Stanford: Stanford University Press, 1994); Lisa Ede and Andrea A.
Lunsford, ‘Collaboration and Concepts of Authorship’, PMLA 116.2 (2001),
354–69; Adrian Johns, The Nature of the Book: Print and Knowledge in the
Making (Chicago, IL: University of Chicago Press, 1998); Jerome J. McGann, A
Critique of Modern Textual Criticism (Charlottesville, VA, University of
Virginia Press, 1992); Sarah Robbins, ‘Distributed Authorship: A Feminist
Case-Study Framework for Studying Intellectual Property’, College English 66.2
(2003), 155–71,
[20](ch3.xhtml#footnote-133-backlink) The ALCS survey addresses this problem,
of course, and tries to lobby on behalf of its authors for fair contracts with
publishers and intermediaries. That said, the survey findings show that only
42% of writers always retain their copyright. Gibson, Johnson, and Dimita, The
Business of Being an Author, p. 12.
[21](ch3.xhtml#footnote-132-backlink) Michel Foucault, ‘What Is an Author?’,
in James D. Faubion (ed.), Essential Works of Foucault, 1954–1984, Volume Two:
Aesthetics, Method, and Epistemology (New York: The New Press, 1998), p. 205.
[22](ch3.xhtml#footnote-131-backlink) Mark Rose, Authors and Owners: The
Invention of Copyright (Cambridge, MA: Harvard University Press, 1993).
[23](ch3.xhtml#footnote-130-backlink) Carys J. Craig, Joseph F. Turcotte, and
Rosemary J. Coombe, ‘What’s Feminist About Open Access? A Relational Approach
to Copyright in the Academy’, Feminists@law 1.1 (2011),
[24](ch3.xhtml#footnote-129-backlink) Ibid., p. 8.
[25](ch3.xhtml#footnote-128-backlink) Ibid., p. 9.
[26](ch3.xhtml#footnote-127-backlink) Lawrence Lessig, Remix: Making Art and
Commerce Thrive in the Hybrid Economy (New York: Penguin Press, 2008); Eduardo
Navas, Remix Theory: The Aesthetics of Sampling (Vienna and New York:
Springer, 2012); Henry Jenkins and Owen Gallagher, ‘“What Is Remix Culture?”:
An Interview with Total Recut’s Owen Gallagher’, Confessions of an Aca-Fan,
2008,
[27](ch3.xhtml#footnote-126-backlink) Craig, Turcotte, and Coombe, ‘What’s
Feminist About Open Access?, p. 27.
[28](ch3.xhtml#footnote-125-backlink) Ibid., p. 14.
[29](ch3.xhtml#footnote-124-backlink) Ibid., p. 26.
[30](ch3.xhtml#footnote-123-backlink) Janneke Adema, ‘Open Access’, in
Critical Keywords for the Digital Humanities (Lueneburg: Centre for Digital
Cultures (CDC), 2014), ; Janneke Adema,
‘Embracing Messiness’, LSE Impact of Social Sciences, 2014,
adema-pdsc14/>; Gary Hall, Digitize This Book!: The Politics of New Media, or
Why We Need Open Access Now (Minneapolis, MN: University of Minnesota Press,
2008), p. 197; Sarah Kember, ‘Why Write?: Feminism, Publishing and the
Politics of Communication’, New Formations: A Journal of
Culture/Theory/Politics 83.1 (2014), 99–116; Samuel A. Moore, ‘A Genealogy of
Open Access: Negotiations between Openness and Access to Research’, Revue
Française des Sciences de l’information et de la Communication, 2017,
[31](ch3.xhtml#footnote-122-backlink) Florian Cramer, Anti-Media: Ephemera on
Speculative Arts (Rotterdam and New York: nai010 publishers, 2013).
[32](ch3.xhtml#footnote-121-backlink) Especially within humanities publishing
there is a reluctance to allow derivative uses of one’s work in an open access
setting.
[33](ch3.xhtml#footnote-120-backlink) In 2015 the Radical Open Access
Conference took place at Coventry University, which brought together a large
array of presses and publishing initiatives (often academic-led) in support of
an ‘alternative’ vision of open access and scholarly communication.
Participants in this conference subsequently formed the loosely allied Radical
Open Access Collective: [radicaloa.co.uk](https://radicaloa.co.uk/). As the
conference concept outlines, radical open access entails ‘a vision of open
access that is characterised by a spirit of on-going creative experimentation,
and a willingness to subject some of our most established scholarly
communication and publishing practices, together with the institutions that
sustain them (the library, publishing house etc.), to rigorous critique.
Included in the latter will be the asking of important questions about our
notions of authorship, authority, originality, quality, credibility,
sustainability, intellectual property, fixity and the book — questions that
lie at the heart of what scholarship is and what the university can be in the
21st century’. Janneke Adema and Gary Hall, ‘The Political Nature of the Book:
On Artists’ Books and Radical Open Access’, New Formations 78.1 (2013),
138–56, ; Janneke Adema and Samuel
Moore, ‘Collectivity and Collaboration: Imagining New Forms of Communality to
Create Resilience In Scholar-Led Publishing’, Insights 31.3 (2018), ; Gary Hall, ‘Radical Open Access in the
Humanities’ (presented at the Research Without Borders, Columbia University,
2010),
humanities/>; Janneke Adema, ‘Knowledge Production Beyond The Book? Performing
the Scholarly Monograph in Contemporary Digital Culture’ (PhD dissertation,
Coventry University, 2015),
f4c62c77ac86/1/ademacomb.pdf>
[34](ch3.xhtml#footnote-119-backlink) Julien McHardy, ‘Why Books Matter: There
Is Value in What Cannot Be Evaluated’, Impact of Social Sciences, 2014, n.p.,
[http://blogs.lse.ac.uk/impactofsocial sciences/2014/09/30/why-books-
matter/](http://blogs.lse.ac.uk/impactofsocialsciences/2014/09/30/why-books-
matter/)
[35](ch3.xhtml#footnote-118-backlink) Karen Barad, Meeting the Universe
Halfway: Quantum Physics and the Entanglement of Matter and Meaning (Durham,
N.C. and London: Duke University Press, 2007).
[36](ch3.xhtml#footnote-117-backlink) Annemarie Mol, The Logic of Care: Health
and the Problem of Patient Choice, 1st ed. (London and New York: Routledge,
2008).
[37](ch3.xhtml#footnote-116-backlink) Sebastian Abrahamsson and others,
‘Mattering Press: New Forms of Care for STS Books’, The EASST Review 32.4
(2013),
press-new-forms-of-care-for-sts-books/>
[40](ch3.xhtml#footnote-113-backlink) Susan Leigh Star, ‘The Sociology of the
Invisible: The Primacy of Work in the Writings of Anselm Strauss’, in Anselm
Leonard Strauss and David R. Maines (eds.), Social Organization and Social
Process: Essays in Honor of Anselm Strauss (New York: A. de Gruyter, 1991).
Mattering Press is not alone in exploring an ethics of care in relation to
(academic) publishing. Sarah Kember, director of Goldsmiths Press is also
adamant in her desire to make the underlying processes of publishing (i.e.
peer review, citation practices) more transparent and accountable Sarah
Kember, ‘Why Publish?’, Learned Publishing 29 (2016), 348–53, . Mercedes Bunz, one of the editors running
Meson Press, argues that a sociology of the invisible would incorporate
‘infrastructure work’, the work of accounting for, and literally crediting
everybody involved in producing a book: ‘A book isn’t just a product that
starts a dialogue between author and reader. It is accompanied by lots of
other academic conversations — peer review, co-authors, copy editors — and
these conversations deserve to be taken more serious’. Jussi Parikka and
Mercedes Bunz, ‘A Mini-Interview: Mercedes Bunz Explains Meson Press’,
Machinology, 2014,
mercedes-bunz-explains-meson-press/>. For Open Humanities Press authorship is
collaborative and even often anonymous: for example, they are experimenting
with research published in wikis to further complicate the focus on single
authorship and a static marketable book object within academia (see their
living and liquid books series).
[41](ch3.xhtml#footnote-112-backlink) Lori Emerson, ‘Digital Poetry as
Reflexive Embodiment’, in Markku Eskelinen, Raine Koskimaa, Loss Pequeño
Glazier and John Cayley (eds.), CyberText Yearbook 2002–2003, 2003, 88–106,
[42](ch3.xhtml#footnote-111-backlink) Dani Spinosa, ‘“My Line (Article) Has
Sighed”: Authorial Subjectivity and Technology’, Generic Pronoun, 2014,
[43](ch3.xhtml#footnote-110-backlink) Spinosa, ‘My Line (Article) Has Sighed’.
[44](ch3.xhtml#footnote-109-backlink) Emerson, ‘Digital Poetry as Reflexive
Embodiment’, p. 89.
[45](ch3.xhtml#footnote-108-backlink) Rolf Hughes, ‘Orderly Disorder: Post-
Human Creativity’, in Proceedings of the Linköping Electronic Conference
(Linköpings universitet: University Electronic Press, 2005).
[46](ch3.xhtml#footnote-107-backlink) N. Katherine Hayles, ‘Print Is Flat,
Code Is Deep: The Importance of Media-Specific Analysis’, Poetics Today 25.1
(2004), 67–90, ; Johanna Drucker,
‘Performative Materiality and Theoretical Approaches to Interface’, Digital
Humanities Quarterly 7.1 (2013), ; Johanna
Drucker, ‘Distributed and Conditional Documents: Conceptualizing
Bibliographical Alterities’, MATLIT: Revista do Programa de Doutoramento em
Materialidades da Literatura 2.1 (2014), 11–29.
[47](ch3.xhtml#footnote-106-backlink) Nick Montfort, ‘The Coding and Execution
of the Author’, in Markku Eskelinen, Raine Kosimaa, Loss Pequeño Glazier and
John Cayley (eds.), CyberText Yearbook 2002–2003, 2003, 201–17 (p. 201),
[48](ch3.xhtml#footnote-105-backlink) Montfort, ‘The Coding and Execution of
the Author’, p. 202.
[49](ch3.xhtml#footnote-104-backlink) Lori Emerson, ‘Materiality,
Intentionality, and the Computer-Generated Poem: Reading Walter Benn Michaels
with Erin Moureacute’s Pillage Land’, ESC: English Studies in Canada 34
(2008), 66.
[50](ch3.xhtml#footnote-103-backlink) Marcus Boon, In Praise of Copying
(Cambridge, MA: Harvard University Press, 2010); Johanna Drucker, ‘Humanist
Computing at the End of the Individual Voice and the Authoritative Text’, in
Patrik Svensson and David Theo Goldberg (eds.), Between Humanities and the
Digital (Cambridge, MA: MIT Press, 2015), pp. 83–94.
[51](ch3.xhtml#footnote-102-backlink) We have to take into consideration here
that print-based cultural products were never fixed or static; the dominant
discourses constructed around them just perceive them to be so.
[52](ch3.xhtml#footnote-101-backlink) Craig, Turcotte, and Coombe, ‘What’s
Feminist About Open Access?’, p. 2.
[53](ch3.xhtml#footnote-100-backlink) Ibid.
[54](ch3.xhtml#footnote-099-backlink) Johanna Gibson, Creating Selves:
Intellectual Property and the Narration of Culture (Aldershot, UK, and
Burlington: Routledge, 2007), p. 7.
[55](ch3.xhtml#footnote-098-backlink) Gibson, Creating Selves, p. 7.
[56](ch3.xhtml#footnote-097-backlink) Ibid.
[57](ch3.xhtml#footnote-096-backlink) Kenneth Goldsmith, Uncreative Writing:
Managing Language in the Digital Age (New York: Columbia University Press,
2011), p. 227.
[58](ch3.xhtml#footnote-095-backlink) Ibid., p. 15.
[59](ch3.xhtml#footnote-094-backlink) Goldsmith, Uncreative Writing, p. 81.
[60](ch3.xhtml#footnote-093-backlink) Ibid.
[61](ch3.xhtml#footnote-092-backlink) It is worth emphasising that what
Goldsmith perceives as ‘uncreative’ notions of writing (including
appropriation, pastiche, and copying), have a prehistory that can be traced
back to antiquity (thanks go out to this chapter’s reviewer for pointing this
out). One example of this, which uses the method of cutting and pasting —
something I have outlined more in depth elsewhere — concerns the early modern
commonplace book. Commonplacing as ‘a method or approach to reading and
writing involved the gathering and repurposing of meaningful quotes, passages
or other clippings from published books by copying and/or pasting them into a
blank book.’ Janneke Adema, ‘Cut-Up’, in Eduardo Navas (ed.), Keywords in
Remix Studies (New York and London: Routledge, 2017), pp. 104–14,
[62](ch3.xhtml#footnote-091-backlink) Gibson, Creating Selves, p. 27.
[63](ch3.xhtml#footnote-090-backlink) For example, animals cannot own
copyright. See the case of Naruto, the macaque monkey that took a ‘selfie’
photograph of itself. Victoria Richards, ‘Monkey Selfie: Judge Rules Macaque
Who Took Grinning Photograph of Himself “Cannot Own Copyright”’, The
Independent, 7 January 2016,
/monkey-selfie-judge-rules-macaque-who-took-grinning-photograph-of-himself-
cannot-own-copyright-a6800471.html>
[64](ch3.xhtml#footnote-089-backlink) Anna Munster, ‘Techno-Animalities — the
Case of the Monkey Selfie’ (presented at the Goldsmiths University, London,
2016),
[65](ch3.xhtml#footnote-088-backlink) Sarah Kember, ‘Why Write?: Feminism,
Publishing and the Politics of Communication’, New Formations: A Journal of
Culture/Theory/Politics 83.1 (2014), 99–116.
Sollfrank
The Surplus of Copying
2018
## essay #11
The Surplus of Copying
How Shadow Libraries and Pirate Archives Contribute to the
Creation of Cultural Memory and the Commons
By Cornelia Sollfrank
Digital artworks tend to have a problematic relationship with the white
cube—in particular, when they are intended and optimized for online
distribution. While curators and exhibition-makers usually try to avoid
showing such works altogether, or at least aim at enhancing their sculptural
qualities to make them more presentable, the exhibition _Top Tens_ featured an
abundance of web quality digital artworks, thus placing emphasis on the very
media condition of such digital artifacts. The exhibition took place at the
Onassis Cultural Center in Athens in March 2018 and was part of the larger
festival _Shadow Libraries: UbuWeb in Athens_ ,1 an event to introduce the
online archive UbuWeb2 to the Greek audience and discuss related cultural,
ethical, technical, and legal issues. This text takes the event—and the
exhibition in particular—as a starting point for a closer look at UbuWeb and
the role an artistic approach can play in building cultural memory within the
neoliberal knowledge economy.
_UbuWeb—The Cultural Memory of the Avant-Garde_
Since Kenneth Goldsmith started Ubu in 1997 the site has become a major point
of reference for anyone interested in exploring twentieth-century avant-garde
art. The online archive provides free and unrestricted access to a remarkable
collection of thousands of artworks—among them almost 700 films and videos,
over 1000 sound art pieces, dozens of filmed dance productions, an
overwhelming amount of visual poetry and conceptual writing, critical
documents, but also musical scores, patents, electronic music resources, plus
an edition of vital new literature, the /ubu editions. Ubu contextualizes the
archived objects within curated sections and also provides framing academic
essays. Although it is a project run by Goldsmith without a budget, it has
built a reputation for making all the things available one would not find
elsewhere. The focus on “avant-garde” may seem a bit pretentious at first, but
when you look closer at the project, its operator and the philosophy behind
it, it becomes obvious how much sense this designation makes. Understanding
the history of the twentieth-century avant-garde as “a history of subversive
takes on creativity, originality, and authorship,”3 such spirit is not only
reflected in terms of the archive’s contents but also in terms of the project
as a whole. Theoretical statements by Goldsmith in which he questions concepts
such as authorship, originality, and creativity support this thesis4—and with
that a conflictual relationship with the notion of intellectual property is
preprogrammed. Therefore it comes as no surprise that the increasing
popularity of the project goes hand-in-hand with a growing discussion about
its ethical justification.
At the heart of Ubu, there is the copy! Every item in the archive is a digital
copy, either of another digital item or, in fact, it is the digitized version
of an analog object.5 That is to say, the creation of a digital collection is
inevitably based on copying the desired archive records and storing them on
dedicated media. However, making a copy is in itself a copyright-relevant act,
if the respective item is an original creation and as such protected under
copyright law.6 Hence, “any reproduction of a copyrighted work infringes the
copyright of the author or the corresponding rights of use of the copyright
holder”.7 Whether the existence of an artwork within the Ubu collection is a
case of copyright infringement varies with each individual case and depends on
the legal status of the respective work, but also on the way the rights
holders decide to act. As with all civil law, there is no judge without a
plaintiff, which means even if there is no express consent by the rights
holders, the work can remain in the archive as long as there is no request for
removal.8 Its status, however, is precarious. We find ourselves in the
notorious gray zone of copyright law where nothing is clear and many things
are possible—until somebody decides to challenge this status. Exploring the
borders of this experimental playground involves risk-taking, but, at the same
time, it is the only way to preserve existing freedoms and make a case for
changing cultural needs, which have not been considered in current legal
settings. And as the 20 years of Ubu’s existence demonstrate, the practice may
be experimental and precarious, but with growing cultural relevance and
reputation it is also gaining in stability.
_Fair Use and Public Interest_
At all public appearances and public presentations Goldsmith and his
supporters emphasize the educational character of the project and its non-
commercial orientation.9 Such a characterization is clearly intended to take
the wind out of the sails of its critics from the start and to shift the
attention away from the notion of piracy and toward questions of public
interest and the common good.
From a cultural point of view, the project unquestionably is of inestimable
value; a legal defense, however, would be a difficult undertaking. Copyright
law, in fact, has a built-in opening, the so-called copyright exceptions or
fair use regulations. They vary according to national law and cultural
traditions and allow for the use of copyrighted works under certain, defined
provisions without permission of the owner. The exceptions basically apply to
the areas of research and private study (both non-commercial), education,
review, and criticism and are described through general guidelines. “These
defences exist in order to restore the balance between the rights of the owner
of copyright and the rights of society at large.”10
A very powerful provision in most legislations is the permission to make
“private copies”, digital and analog ones, in small numbers, but they are
limited to non-commercial and non-public use, and passing on to a third party
is also excluded.11 As Ubu is an online archive that makes all of its records
publicly accessible and, not least, also provides templates for further
copying, it exceeds the notion of a “private copy” by far. Regarding further
fair use provisions, the four factors that are considered in a decision-making
process in US copyright provisions, for instance, refer to: 1) the purpose and
character of the use, including whether such use is of a commercial nature or
is for non-profit educational purposes; 2) the nature of the copyrighted work;
3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and 4) the effect of the use upon the potential
market for the value of the copyrighted work (US Copyright Act, 1976, 17 USC.
§107, online, n.pag.). Applying these fair use provisions to Ubu, one might
consider that the main purposes of the archive relate to education and
research, that it is by its very nature non-commercial, and it largely does
not collide with any third party business interests as most of the material is
not commercially available. However, proving this in detail would be quite an
endeavor. And what complicates matters even more is that the archival material
largely consists of original works of art, which are subject to strict
copyright law protection, that all the works have been copied without any
transformative or commenting intention, and last but not least, that the
aspect of the appropriateness of the amount of used material becomes absurd
with reference to an archive whose quality largely depends on
comprehensiveness: the more the merrier. As Simon Stokes points out, legally
binding decisions can only be made on a case-by-case basis, which is why it is
difficult to make a general evaluation of Ubu’s legal situation.12 The ethical
defense tends to induce the cultural value of the archive as a whole and its
invaluable contribution to cultural memory, while the legal situation does not
consider the value of the project as a whole and necessitates breaking it down
into all the individual items within the collection.
This very brief, when not abridged discussion of the possibilities of fair use
already demonstrates how complex it would be to apply them to Ubu. How
pointless it would be to attempt a serious legal discussion for such a
privately run archive becomes even clearer when looking at the problems public
libraries and archives have to face. While in theory such official
institutions may even have a public mission to collect, preserve, and archive
digital material, in practice, copyright law largely prevents the execution of
this task, as Steinhauer explains.13 The legal expert introduces the example
of the German National Library, which was assigned the task since 2006 to make
back-up copies of all websites published within the .de sublevel domain, but
it turned out to be illegal.14 Identifying a deficiently legal situation when
it comes to collecting, archiving, and providing access to digital cultural
goods, Steinhauer even speaks of a “legal obligation to amnesia”.15 And it is
particularly striking that, from a legal perspective, the collecting of
digitalia is more strictly regulated than the collecting of books, for
example, where the property status of the material object comes into play.
Given the imbalance between cultural requirements, copyright law, and the
technical possibilities, it is not surprising that private initiatives are
being founded with the aim to collect and preserve cultural memory. These
initiatives make use of the affordability and availability of digital
technology and its infrastructures, and they take responsibility for the
preservation of cultural goods by simply ignoring copyright induced
restrictions, i.e. opposing the insatiable hunger of the IP regime for
control.
_Shadow Libraries_
Ubu was presented and discussed in Athens at an event titled _Shadow
Libraries: UbuWeb in Athens_ , thereby making clear reference to the ecosystem
of shadow libraries. A library, in general, is an institution that collects,
orders, and makes published information available while taking into account
archival, economic, and synoptic aspects. A shadow library does exactly the
same thing, but its mission is not an official one. Usually, the
infrastructure of shadow libraries is conceived, built, and run by a private
initiative, an individual, or a small group of people, who often prefer to
remain anonymous for obvious reasons. In terms of the media content provided,
most shadow libraries are peer-produced in the sense that they are based on
the contributions of a community of supporters, sometimes referred to as
“amateur librarians”. The two key attributes of any proper library, according
to Amsterdam-based media scholar Bodo Balazs, are the catalog and the
community: “The catalogue does not just organize the knowledge stored in the
collection; it is not just a tool of searching and browsing. It is a critical
component in the organisation of the community of librarians who preserve and
nourish the collection.”16 What is specific about shadow libraries, however,
is the fact that they make available anything their contributors consider to
be relevant—regardless of its legal status. That is to say, shadow libraries
also provide unauthorized access to copyrighted publications, and they make
the material available for download without charge and without any other
restrictions. And because there is a whole network of shadow libraries whose
mission is “to remove all barriers in the way of science,”17 experts speak of
an ecosystem fostering free and universal access to knowledge.
The notion of the shadow library enjoyed popularity in the early 2000s when
the wide availability of digital networked media contributed to the emergence
of large-scale repositories of scientific materials, the most famous one
having been Gigapedia, which later transformed into library.nu. This project
was famous for hosting approximately 400,000 (scientific) books and journal
articles but had to be shut down in 2012 as a consequence of a series of
injunctions from powerful publishing houses. The now leading shadow library in
the field, Library Genesis (LibGen), can be considered as its even more
influential successor. As of November 2016 the database contained 25 million
documents (42 terabytes), of which 2.1 million were books, with digital copies
of scientific articles published in 27,134 journals by 1342 publishers.18 The
large majority of the digital material is of scientific and educational nature
(95%), while only 5% serves recreational purposes.19 The repository is based
on various ways of crowd-sourcing, i.e. social and technical forms of
accessing and sharing academic publications. Despite a number of legal cases
and court orders, the site is still available under various and changing
domain names.20
The related project Sci-Hub is an online service that processes requests for
pay-walled articles by providing systematic, automized, but unauthorized
backdoor access to proprietary scholarly journal databases. Users requesting
papers not present in LibGen are advised to download them through Sci-Hub; the
respective PDF files are served to users and automatically added to LibGen (if
not already present). According to _Nature_ magazine, Sci-Hub hosts around 60
million academic papers and was able to serve 75 million downloads in 2016. On
a daily basis 70,000 users access approximately 200,000 articles.
The founder of the meta library Sci-Hub is Kazakh programmer Alexandra
Elbakyan, who has been sued by large publishing houses and was convicted twice
to pay almost 20 million US$ in compensation for the losses her activities
allegedly have caused, which is why she had to go underground in Russia. For
illegally leaking millions of documents the _New York Times_ compared her to
Edward Snowden in 2016: “While she didn’t reveal state secrets, she took a
stand for the public’s right to know by providing free online access to just
about every scientific paper ever published, ranging from acoustics to
zymology.” 21 In the same year the prestigious _Nature_ magazine elected her
as one of the ten most influential people in science. 22 Unlike other
persecuted people, she went on the offensive and started to explain her
actions and motives in court documents and blog posts. Sci-Hub encourages new
ways of distributing knowledge, beyond any commercial interests. It provides a
radically open infrastructure thus creating an inviting atmosphere. “It is a
knowledge infrastructure that can be freely accessed, used and built upon by
anyone.”23
As both projects LibGen and Sci-Hub are based in post-Soviet countries, Balazs
reconstructed the history and spirit of Russian reading culture and brings
them into connection.24 Interestingly, the author also establishes a
connection to the Kolhoz (Russian: колхо́з), an early Soviet collective farm
model that was self-governing, community-owned, and a collaborative
enterprise, which he considers to be a major inspiration for the digital
librarians. He also identifies parallels between this Kolhoz model and the
notion of the “commons”—a concept that will be discussed in more detail with
regards to shadow libraries further below.
According to Balazs, these sorts of libraries and collections are part of the
Guerilla Open Access movement (GOA) and thus practical manifestations of Aaron
Swartz’s “Guerilla Open Access Manifesto”.25 In this manifesto the American
hacker and activist pointed out the flaws of open access politics and aimed at
recruiting supporters for the idea of “radical” open access. Radical in this
context means to completely ignore copyright and simply make as much
information available as possible. “Information is power” is how the manifesto
begins. Basically, it addresses the—what he calls—“privileged”, in the sense
that they do have access to information as academic staff or librarians, and
he calls on their support for building a system of freely available
information by using their privilege, downloading and making information
available. Swartz and Elbakyan both have become the “iconic leaders”26 of a
global movement that fights for scientific knowledge to be(come) freely
accessible and whose protagonists usually prefer to operate unrecognized.
While their particular projects may be of a more or less temporary nature, the
discursive value of the work of the “amateur librarians” and their projects
will have a lasting impact on the development of access politics.
_Cultural and Knowledge Commons_
The above discussion illustrates that the phenomenon of shadow libraries
cannot be reduced to its copyright infringing aspects. It needs to be
contextualized within a larger sociopolitical debate that situates the demand
for free and unrestricted access to knowledge within the struggle against the
all-co-opting logic of capital, which currently aims to economize all aspects
of life.
In his analysis of the Russian shadow libraries Balazs has drawn a parallel to
the commons as an alternative mode of ownership and a collective way of
dealing with resources. The growing interest in the discourses around the
commons demonstrates the urgency and timeliness of this concept. The
structural definition of the commons conceived by political economist Massimo
de Angelis allows for its application in diverse fields: “Commons are social
systems in which resources are pooled by a community of people who also govern
these resources to guarantee the latter’s sustainability (if they are natural
resources) and the reproduction of the community. These people engage in
‘commoning,’ that is a form of social labour that bears a direct relation to
the needs of the people, or the commoners”.27 While the model originates in
historical ways of sharing natural resources, it has gained new momentum in
relation to very different resources, thus constituting a third paradigm of
production—beyond state and private—however, with all commoning activities
today still being embedded in the surrounding economic system.
As a reason for the newly aroused interest in the commons, de Angelis provides
the crisis of global capital, which has maneuvered itself into a systemic
impasse. While constantly expanding through its inherent logic of growth and
accumulation, it is the very same logic that destroys the two systems capital
relies on: non-market-shaped social reproduction and the ecological system.
Within this scenario de Angelis describes capital as being in need of the
commons as a “fix” for the most urgent systemic failures: “It needs a ‘commons
fix,’ especially in order to deal with the devastation of the social fabric as
a result of the current crisis of reproduction. Since neoliberalism is not
about to give up its management of the world, it will most likely have to ask
the commons to help manage the devastation it creates. And this means: if the
commons are not there, capital will have to promote them somehow.”28
This rather surprising entanglement of capital and the commons, however, is
not the only perspective. Commons, at the same time, have the potential to
create “a social basis for alternative ways of articulating social production,
independent from capital and its prerogatives. Indeed, today it is difficult
to conceive emancipation from capital—and achieving new solutions to the
demands of _buen vivir_ , social and ecological justice—without at the same
time organizing on the terrain of commons, the non-commodified systems of
social production. Commons are not just a ‘third way’ beyond state and market
failures; they are a vehicle for emerging communities of struggle to claim
ownership to their own conditions of life and reproduction.”29 It is their
purpose to satisfy people’s basic needs and empower them by providing access
to alternative means of subsistence. In that sense, commons can be understood
as an _experimental zone_ in which participants can learn to negotiate
responsibilities, social relations, and peer-based means of production.
_Art and Commons_
Projects such as UbuWeb, Monoskop,30 aaaaarg,31 Memory of the World,32 and
0xdb33 vary in size, they have different forms of organization and foci, but
they all care for specific cultural goods and make sure these goods remain
widely accessible—be it digital copies of artworks and original documents,
books and other text formats, videos, film, or sound and music. Unlike the
large shadow libraries introduced above, which aim to provide access to
hundreds of thousands, if not millions of mainly academic papers and books,
thus trying to fully cover the world of scholarly and academic works, the
smaller artist-run projects are of different nature. While UbuWeb’s founder,
for instance, also promotes a generally unrestricted access to cultural goods,
his approach with UbuWeb is to build a curated archive with copies of artworks
that he considers to be relevant for his very context.34 The selection is
based on personal assessment and preference and cared for affectionately.
Despite its comprehensiveness, it still can be considered a “personal website”
on which the artist shares things relevant to him. As such, he is in good
company with similar “artist-run shadow libraries”, which all provide a
technical infrastructure with which they share resources, while the resources
are of specific relevance to their providers.
Just like the large pirate libraries, these artistic archiving and library
practices challenge the notion of culture as private property and remind us
that it is not an unquestionable absolute. As Jonathan Lethem contends,
“[culture] rather is a social negotiation, tenuously forged, endlessly
revised, and imperfect in its every incarnation.”35 Shadow libraries, in
general, are symptomatic of the cultural battles and absurdities around access
and copyright within an economic logic that artificially tries to limit the
abundance of digital culture, in which sharing does not mean dividing but
rather multiplying. They have become a cultural force, one that can be
represented in Foucauldian terms, as symptomatic of broader power struggles as
well as systemic failures inherent in the cultural formation. As Marczewska
puts it, “Goldsmith moves away from thinking about models of cultural
production in proprietary terms and toward paradigms of creativity based on a
culture of collecting, organizing, curating, and sharing content.”36 And by
doing so, he produces major contradictions, or rather he allows the already
existing contradictions to come to light. The artistic archives and libraries
are precarious in terms of their legal status, while it is exactly due to
their disregard of copyright that cultural resources could be built that
exceed the relevance of most official archives that are bound to abide the
law. In fact, there are no comparable official resources, which is why the
function of these projects is at least twofold: education and preservation.37
Maybe UbuWeb and the other, smaller or larger, shadow libraries do not qualify
as commons in the strict sense of involving not only a non-market exchange of
goods but also a community of commoners who negotiate the terms of use among
themselves. This would require collective, formalized, and transparent types
of organization. Furthermore, most of the digital items they circulate are
privately owned and therefore cannot simply be transferred to become commons
resources. These projects, in many respects, are in a preliminary stage by
pointing to the _ideal of culture as a commons_. By providing access to
cultural goods and knowledge that would otherwise not be available at all or
inaccessible for large parts of the general public, they might even fulfill
the function of a “commons fix”, to a certain degree, but at the same time
they are the experimental zone needed to unlearn copyright and relearn new
ways of cultural production and dissemination beyond the property regime. In
any case, they can function as perfect entry points for the discussion and
investigation of the transformative force art can have within the current
global neoliberal knowledge society.
_Top Tens—Showcasing the Copy as an Aesthetic and Political Statement_
The exhibition _Top Tens_ provided an experimental setting to explore the
possibilities of translating the abundance of a digital archive into a “real
space”, by presenting one hundred artworks from the Ubu archive. 38 Although
all works were properly attributed in the exhibition, the artists whose works
were shown neither had a say about their participation in the exhibition nor
about the display formats. Tolerating the presence of a work in the archive is
one thing; tolerating its display in such circumstances is something else,
which might even touch upon moral rights and the integrity of the work.
However, the exhibition was not so much about the individual works on display
but the archiving condition they are subject to. So the discussion here has
nothing to do the abiding art theory question of original and copy.
Marginally, it is about the question of high-quality versus low-quality
copies. In reproducible media the value of an artwork cannot be based on its
originality any longer—the core criterion for sales and market value. This is
why many artists use the trick of high-resolution and limited edition, a kind
of distributed originality status for several authorized objects, which all
are not 100 percent original but still a bit more original than an arbitrary
unlimited edition. Leaving this whole discussion aside was a clear indication
that something else was at stake. The conceptual statement made by the
exhibition and its makers foregrounded the nature of the shadow library, which
visitors were able to experience when entering the gallery space. Instead of
viewing the artworks in the usual way—online—they had the opportunity to
physically immerse themselves in the cultural condition of proliferated acts
of copying, something that “affords their reconceptualization as a hybrid
creative-critical tool and an influential aesthetic category.”39
Appropriation and copying as longstanding methods of subversive artistic
production, where the reuse of existing material serves as a tool for
commentary, social critique, and a means of making a political statement, has
expanded here to the art of exhibition-making. The individual works serve to
illustrate a curatorial concept, thus radically shifting the avant-garde
gesture which copying used to be in the twentieth century, to breathe new life
in the “culture of collecting, organizing, curating, and sharing content.”
Organizing this conceptually concise exhibition was a brave and bold statement
by the art institution: The Onassis Cultural Centre, one of Athens’ most
prestigious cultural institutions, dared to adopt a resolutely political
stance for a—at least in juridical terms—questionable project, as Ubu lives
from the persistent denial of copyright. Neglecting the concerns of the
individual authors and artists for a moment was a necessary precondition in
order to make space for rethinking the future of cultural production.
________________
Special thanks to Eric Steinhauer and all the artists and amateur librarians
who are taking care of our cultural memory.
1 Festival program online: Onassis Cultural Centre, “Shadow Libraries: UbuWeb
in Athens,” (accessed on Sept. 30, 2018).
2 _UbuWeb_ is a massive online archive of avant-garde art created over the
last two decades by New York-based artist and writer Kenneth Goldsmith.
Website of the archive: (accessed on Sept. 30, 2018).
3 Kaja Marczewska, _This Is Not a Copy. Writing at the Iterative Turn_ (New
York: Bloomsbury Academic, 2018), 22.
4 For further reading: Kenneth Goldsmith, _Uncreative Writing: Managing
Language in the Digital Age_ (New York: Columbia University Press, 2011).
5 Many works in the archive stem from the pre-digital era, and there is no
precise knowledge of the sources where Ubu obtains its material, but it is
known that Goldsmith also digitizes a lot of material himself.
6 In German copyright law, for example, §17 and §19a grant the exclusive right
to reproduce, distribute, and make available online to the author. See also: (accessed on Sept. 30,
2018).
7 Eric Steinhauer, “Rechtspflicht zur Amnesie: Digitale Inhalte, Archive und
Urheberrecht,” _iRightsInfo_ (2013),
/rechtspflicht-zur-amnesie-digitale-inhalte-archive-und-urheberrecht/18101>
(accessed on Sept. 30, 2018).
8 In particularly severe cases of copyright infringement also state
prosecutors can become active, which in practice, however, remains the
exception. The circumstances in which criminal law must be applied are
described in §109 of German copyright law.
9 See, for example, “Shadow Libraries” for a video interview with Kenneth
Goldsmith.
10 Paul Torremans, _Intellectual Property Law_ (Oxford: Oxford University
Press, 2010), 265.
11 See also §53 para. 1–3 of the German Act on Copyright and Related Rights
(UrhG), §42 para. 4 in the Austrian UrhG, and Article 19 of Swiss Copyright
Law.
12 Simon Stokes, _Art & Copyright_ (Oxford: Hart Publishing, 2003).
13 Steinhauer, “Rechtspflicht zur Amnesie”.
14 This discrepancy between a state mandate for cultural preservation and
copyright law has only been fixed in 2018 with the introduction of a special
law, §16a DNBG.
15 Steinhauer, “Rechtspflicht zur Amnesie”.
16 Bodo Balazs, “The Genesis of Library Genesis: The Birth of a Global
Scholarly Shadow Library,” Nov. 4, 2014, _SSRN_ , , (accessed on
Sept. 30, 2018).
17 Motto of Sci-Hub: “Sci-Hub,” _Wikipedia_ ,
/Sci-Hub> (accessed on Sept. 30, 2018).
18 Guillaume Cabanac, “Bibliogifts in LibGen? A study of a text-sharing
platform driven by biblioleaks and crowdsourcing,” _Journal of the Association
for Information Science and Technology_ , 67, 4 (2016): 874–884.
19 Ibid.
20 The current address is (accessed on Sept. 30, 2018).
21 Kate Murphy, “Should All Research Papers Be Free?” _New York Times Sunday
Review_ , Mar. 12, 2016,
/should-all-research-papers-be-free.html> (accessed on Sept. 30, 2018).
22 Richard Van Noorden, “Nature’s 10,” _Nature_ , Dec. 19, 2016, (accessed on Sept. 30,
2018).
23 Bodo Balazs, “Pirates in the library – an inquiry into the guerilla open
access movement,” paper for the 8th Annual Workshop of the International
Society for the History and Theory of Intellectual Property, CREATe,
University of Glasgow, UK, July 6–8, 2016. Online available at: https
://adrien-chopin.weebly.com/uploads/2/1/7/6/21765614/2016_bodo_-_pirates.pdf
(accessed on Sept. 30, 2018).
24 Balazs, “The Genesis of Library Genesis”.
25 Aaron Swartz, “Guerilla Open Access Manifesto,” _Internet Archive_ , July
2008,
(accessed on Sept. 30, 2018).
26 Balazs, “Pirates in the library”.
27 Massimo De Angelis, “Economy, Capital and the Commons,” in: _Art,
Production and the Subject in the 21st Century_ , eds. Angela Dimitrakaki and
Kirsten Lloyd (Liverpool: Liverpool University Press, 2015), 201.
28 Ibid., 211.
29 Ibid.
30 See: (accessed on Sept. 30, 2018).
31 Accessible with invitation. See:
[https://aaaaarg.fail/](https://aaaaarg.fail) (accessed on Sept. 30, 2018).
32 See: (accessed on Sept. 30, 2018).
33 See: (accessed on Sept. 30, 2018).
34 Kenneth Goldsmith in conversation with Cornelia Sollfrank, _The Poetry of
Archiving_ , 2013, (accessed on Sept. 30, 2018).
35 Jonathan Lethem, _The Ecstasy of Influence: Nonfictions, etc._ (London:
Vintage, 2012), 101.
36 Marczewska, _This Is Not a Copy_ , 2.
37 The research project _Creating Commons_ , based at Zurich University of the
Arts, is dedicated to the potential of art projects for the creation of
commons: “creating commons,” (accessed on
Sept. 30, 2018).
38 One of Ubu’s features online has been the “top ten”, the idea to invite
guests to pick their ten favorite works from the archive and thus introduce a
mix between chance operation and subjectivity in order to reveal hidden
treasures. The curators of the festival in Athens, Ilan Manouach and Kenneth
Goldsmith, decided to elevate this principle to the curatorial concept of the
exhibition and invited ten guests to select their ten favorite works. The
Athens-based curator Elpida Karaba was commissioned to work on an adequate
concept for the realization, which turned out to be a huge black box divided
into ten small cubicles with monitors and seating areas, supplemented by a
large wall projection illuminating the whole space.
39 Marczewska, _This Is Not a Copy_ , 7.
This text is under a _Creative Commons_ license: CC BY NC SA 3.0 Austria
Tenen & Foxman
Book Piracy as Peer Preservation
2014
Book Piracy as Peer Preservation {#book-piracy-as-peer-preservation .entry-title}
**Abstract**
In describing the people, books, and technologies behind one of the
largest "shadow libraries" in the world, we find a tension between the
dynamics of sharing and preservation. The paper proceeds to
contextualize contemporary book piracy historically, challenging
accepted theories of peer production. Through a close analysis of one
digital library's system architecture, software and community, we assert
that the activities cultivated by its members are closer to that of
conservationists of the public libraries movement, with the goal of
preserving rather than mass distributing their collected material.
Unlike common peer production models emphasis is placed on the expertise
of its members as digital preservations, as well as the absorption of
digital repositories. Additionally, we highlight issues that arise from
their particular form of distributed architecture and community.
>
>
> *Literature is the secretion of civilization, poetry of the ideal.
> That is why literature is one of the wants of societies. That is why
> poetry is a hunger of the soul. That is why poets are the first
> instructors of the people. That is why Shakespeare must be translated
> in France. That is why Molière must be translated in England. That is
> why comments must be made on them. That is why there must be a vast
> public literary domain. That is why all poets, all philosophers, all
> thinkers, all the producers of the greatness of the mind must be
> translated, commented on, published, printed, reprinted, stereotyped,
> distributed, explained, recited, spread abroad, given to all, given
> cheaply, given at cost price, given for nothing.*
> ^[1](#fn-2025-1){#fnref-2025-1}^
**Introduction**
The big money (and the bandwidth) in online media is in film, music, and
software. Text is less profitable for copyright holders; it is cheaper
to duplicate and easier to share. Consequently, issues surrounding the
unsanctioned sharing of print material receive less press and scant
academic attention. The very words, "book piracy," fail to capture the
spirit of what is essentially an Enlightenment-era project, openly
embodied in many contemporary "shadow libraries":^[2](#fn-2025-2){#fnref-2025-2}^
in the words of Victor Hugo, to establish a "vast public
literary domain." Writers, librarians, and political activists from Hugo
to Leo Tolstoy and Andrew Carnegie have long argued for unrestricted
access to information as a form of a public good essential to civic
engagement. In that sense, people participating in online book exchanges
enact a role closer to that of a librarian than that of a bootlegger or
a plagiarist. Whatever the reader's stance on the ethics of copyright
and copyleft, book piracy should not be dismissed as mere search for
free entertainment. Under the conditions of "digital
disruption,"^[3](#fn-2025-3){#fnref-2025-3}^ when the traditional
institutions of knowledge dissemination---the library, the university,
the newspaper, and the publishing house---feel themselves challenged and
transformed by the internet, we can look to online book sharing
communities for lessons in participatory governance, technological
innovation, and economic sustainability.
The primary aims of this paper are ethnographic and descriptive: to
study and to learn from a library that constitutes one of the world's
largest digital archives, rivaling *Google Books*, *Hathi Trust*, and
*Europeana*. In approaching a "thick description" of this archive we
begin to broach questions of scope and impact. We would like to ask:
Who? Where? and Why? What kind of people distribute books online? What
motivates their activity? What technologies enable the sharing of print
media? And what lessons can we draw from them? Our secondary aim is to
continue the work of exploring the phenomenon of book sharing more
widely, placing it in the context of other commons-based peer production
communities like Project Gutenberg and Wikipedia. The archetypal model
of peer production is one motivated by altruistic participation. But the
very history of public libraries is one that combines the impulse to
share and to protect. To paraphrase Jacques Derrida
^[4](#fn-2025-4){#fnref-2025-4}^ writing in "Archive Fever," the archive
shelters memory just as it shelters itself from memory. We encompass
this dual dynamic under the term "peer preservation," where the
logistics of "peers" and of "preservation" can sometimes work at odds to
one another.
Academic literature tends to view piracy on the continuum between free
culture and intellectual property rights. On the one side, an argument
is made for unrestricted access to information as a prerequisite to
properly deliberative democracy.^[5](#fn-2025-5){#fnref-2025-5}^ On this
view, access to knowledge is a form of political power, which must be
equitably distributed, redressing regional and social imbalances of
access.^[6](#fn-2025-6){#fnref-2025-6}^ The other side offers pragmatic
reasoning related to the long-term sustainability of the cultural
sphere, which, in order to prosper, must provide proper economic
incentives to content creators.^[7](#fn-2025-7){#fnref-2025-7}^
It is our contention that grassroots file sharing practices cannot be
understood solely in terms of access or intellectual property. Our field
work shows that while some members of the book sharing community
participate for activist or ideological reasons, others do so as
collectors, preservationists, curators, or simply readers. Despite
romantic notions to the contrary, reading is a social and mediated
activity. The reader encounters texts in conversation, through a variety
of physical interfaces and within an ecosystem of overlapping
communities, each projecting their own material contexts, social norms,
and ideologies. A technician who works in a biology laboratory, for
example, might publish closed-access peer-review articles by day, as
part of his work collective, and release terabytes of published material
by night, in the role of a moderator for an online digital library. Our
approach then, is to capture some of the complexity of such an
ecosystem, particularly in the liminal areas where people, texts, and
technology converge.
**Ethics disclaimer**
Research for this paper was conducted under the aegis of piracyLab, an
academic collective exploring the impact of technology on the spread of
knowledge globally.^[8](#fn-2025-8){#fnref-2025-8}^ One of the lab's
first tasks was to discuss the ethical challenges of collaborative
research in this space. The conversation involved students, faculty,
librarians, and informal legal council. Neutrality, to the extent that
it is possible, emerged as one of our foundational principles. To keep
all channels of communication open, we wanted to avoid bias and to give
voice to a diversity of stakeholders: from authors, to publishers, to
distributors, whether sanctioned or not. Following a frank discussion
and after several iterations, we drafted an ethics charter that
continues to inform our work today. The charter contains the following
provisions:
-- We neither condone nor condemn any forms of information exchange.\
-- We strive to protect our sources and do not retain any identifying
personal information.\
-- We seek transparency in sharing our methods, data, and findings with
the widest possible audience.\
-- Credit where credit is due. We believe in documenting attribution
thoroughly.\
-- We limit our usage of licensed material to the analysis of metadata,
with results used for non-commercial, nonprofit, educational purposes.\
-- Lab participants commit to abiding by these principles as long as
they remain active members of the research group.
In accordance with these principles and following the practice of
scholars like Balazs Bodo ^[9](#fn-2025-9){#fnref-2025-9}^, Eric Priest
^[10](#fn-2025-10){#fnref-2025-10}^, and Ramon Lobato and Leah Tang
^[11](#fn-2025-11){#fnref-2025-11}^, we redact the names of file sharing
services and user names, where such names are not made explicitly public
elsewhere.
**Centralization**
We begin with the intuition that all infrastructure is social to an
extent. Even private library collections cannot be said to reflect the
work of a single individual. Collective forces shape furniture, books,
and the very cognitive scaffolding that enables reading and
interpretation. Yet, there are significant qualitative differences in
the systems underpinning private collections, public libraries, and
unsanctioned peer-to-peer information exchanges like *The Pirate Bay*,
for example. Given these differences, the recent history of online book
sharing can be divided roughly into two periods. The first is
characterized by local, ad-hoc peer-to-peer document exchanges and the
subsequent growth of centralized content aggregators. Following trends
in the development of the web as a whole, shadow libraries of the second
period are characterized by communal governance and distributed
infrastructure.
Shadow libraries of the first period resemble a private library in that
they often emanate from a single authoritative source--a site of
collection and distribution associated with an individual collector,
sometimes explicitly. The library of Maxim Moshkov, for example,
established in 1994 and still thriving at *lib.ru*, is one of the most
visible collections of this kind. Despite their success, such libraries
are limited in scale by the means and efforts of a few individuals. Due
to their centralized architecture they are also susceptible to legal
challenges from copyright owners and to state intervention.
Shadow libraries responded to these problems by distributing labor,
responsibility, and infrastructure, resulting in a system that is more
robust, more redundant, and more resistant to any single point of
failure or control.
The case of *Gigapedia* (later *library.nu*) and its related file
hosting service *ifile.it* demonstrates the successes and the
deficiencies of the centralized digital library model. Arguably among
the largest and most popular virtual libraries online in the period of
2009-2011, the sites were operated by Irish
nationals^[12](#fn-2025-12){#fnref-2025-12}^ on domains registered in
Italy and on the island state of Niue, with servers on the territory of
Germany and Ukraine. At its peak, *library.nu* (LNU) hosted more than
400,000 books and was purported to make an "estimated turnover of EUR 8
million (USD 10,602,400) from advertising revenues, donations and sales
of premium-level accounts," at least according to a press release made
by the International Publishers Association
(IPA).^[13](#fn-2025-13){#fnref-2025-13}^\
*Archived version of library.nu, circa 12/10/2010*
Its apparent popularity notwithstanding, *LNU/Gigapedia* was supported
by relatively simple architecture, likely maintained by a lone
developer-administrator. The site itself consisted of a catalog of
digital books and related metadata, including title, author, year of
publication, number of pages, description, category classification, and
a number of boolean parameters (whether the file is bookmarked,
paginated, vectorized, is searchable, and has a cover). Although the
books could be hosted anywhere, many in the catalog resided on the
servers of a "cyberlocker" service *ifile.it*, affiliated with the main
site. Not strictly a single-source archive, *LNU/Gigapedia* was
nevertheless a federated entity, tied to a single site and to a single
individual. On February 15, 2012, in a Munich court, the IPA, in
conjunction with a consortium of international publishing houses and the
help of the German law firm Lausen
Rechtsanwalte,^[14](#fn-2025-14){#fnref-2025-14}^ served judicial
cease-and-desist orders naming both sites (*Gigapedia* and *ifile.it*).
Seventeen injunctions were sought in Ireland, with the consequent
voluntary shut-down of both domains, which for a brief time redirected
visitors first to *Google Books* and then to *Blue Latitudes*, a *New
York Times* bestseller about pirates, for sale on *Amazon*.
Figure 1: Archived version of library.nu, circa 12/10/2010
:::
The relatively brief, by library standards, existence of *LNU/Gigapedia*
underscores a weakness in the federated library model. The site
flourished as long as it did not attract the ire of the publishing
industry. A lack of redundancy in the site's administrative structure
paralleled its lack on the server level. Once the authorities were able
to establish the identity of the site's operators (via *Paypal*
receipts, according to a partner at Lausen Rechtsanwalte), the project
was forced to shut down irrevocably.^[15](#fn-2025-15){#fnref-2025-15}^
The system's single point of origin proved also to be its single point
of failure.
Jens Bammel, Secretary General of the IPA, called the action "an
important step towards a more transparent, honest and fair trade of
digital content on the Internet."^[16](#fn-2025-16){#fnref-2025-16}^ The
rest of the internet mourned the passage of "the greatest, largest and
the best website for downloading
eBooks,"^[17](#fn-2025-17){#fnref-2025-17}^ comparing the demise of
*LNU/Gigapedia* to the burning of the ancient Library of
Alexandria.^[18](#fn-2025-18){#fnref-2025-18}^ Readers from around the
world flocked to sites like *Reddit* and *TorrentFreak* to express their
support and anger. For example, one reader wrote on *TorrentFreak*:
> I live in Macedonia (the Balkans), a country where the average salary
> is somewhere around 200eu, and I'm a student, attending a MA degree in
> communication sci. \[...\] where I come from the public library is not
> an option. \[...\] Our libraries are so poor, mostly containing 30year
> or older editions of books that almost never refer to the field of
> communication or any other contemporary science. My professors never
> hide that they use sites like library.nu \[...\] Original textbooks
> \[...\] are copy-printed handouts of some god knows how obtained
> original \[...\] For a country like Macedonia and the Balkans region
> generally THIS IS A APOCALYPTIC SCALE DISASTER! I really feel like the
> dark age is just around the corner these
> days.^[19](#fn-2025-19){#fnref-2025-19}^
A similar comment on *Reddit* reads:
> This is the saddest news of the year...heart-breaking...shocking...I
> was so attached to this site...I am from a third world country where
> buying original books is way too expensive if we see currency exchange
> rates...library.nu was a sea of knowledge for me and I learnt a lot
> from it \[...\] RIP library.nu...you have ignited several minds with
> free knowledge.^[20](#fn-2025-20){#fnref-2025-20}^
Another redditor wrote:
> This was an invaluable resource for international academics. The
> catalog of libraries overseas often cannot meet the needs of
> researchers in fields not specific to the country in which they are
> located. My doctoral research has taken a significant blow due to this
> recent shutdown \[...\] Please publishers, if you take away such a
> valuable resource, realize that you have created a gap that will be
> filled. This gap can either be filled by you or by
> us.^[21](#fn-2025-21){#fnref-2025-21}^
Another concludes:
> This just makes me want to start archiving everything I can get my
> hands on.^[22](#fn-2025-22){#fnref-2025-22}^
These anecdotal reports confirm our own experiences of studying and
teaching at universities with a diverse audience of international
students, who often recount a similar personal narrative. *Gigapedia*
and analogous sites fulfilled an unmet need in the international market,
redressing global inequities of access to
information.^[23](#fn-2025-23){#fnref-2025-23}^
But, being a cyberlocker-based service, *Gigapedia* did not succeed in
cultivating a meaningful sense of a community (even though it supported
a forum for brief periods of its existence). As Lobato and Tang
^[24](#fn-2025-24){#fnref-2025-24}^ write in their paper on
cyberlocker-based media distribution systems, cyberlockers in general
"do not foster collaboration and co-creation," taking an "instrumental
view of content hosted on their
sites."^[25](#fn-2025-25){#fnref-2025-25}^ Although not strictly a
cyberlocker, *LNU/Gigapedia* fit the profile of a passive,
non-transformative site by these criteria. For Lobato and Tang, the
rapid disappearance of many prominent cyberlocker sites underscores the
"structural instability" of "fragile file-hosting
ecology."^[26](#fn-2025-26){#fnref-2025-26}^ In our case, it would be
more precise to say that cyberlocker architecture highlights rather the
structural instability of centralized media archives, and not of file
sharing communities in general. Although bereaved readers were concerned
about the irrevocable loss of a valuable resource, digital libraries
that followed built a model of file sharing that is more resilient, more
transparent, and more participatory than their *LNU/Gigapedia*
predecessors.
**Distribution**
In parallel with the development of *LNU/Gigapedia*, a group of Russian
enthusiasts were working on a meta-library of sorts, under the name of
*Aleph*. Records of *Aleph's* activity go back at least as far as 2009.
Colloquially known as "prospectors," the volunteer members of *Aleph*
compiled library collections widely available on the gray market, with
an emphasis on academic and technical literature in Russian and
English.\
*DVD case cover of "Traum's library" advertising "more than 167,000
books" in fb2 format. Similar DVDs sell for around 1,000 RUB (\$25-30
US) on the streets of Moscow.*
At its inception, *Aleph* aggregated several "home-grown" archives,
already in wide circulation in universities and on the gray market.
These included:
-- *KoLXo3*, a collection of scientific texts that was at one time
distributed on 20 DVDs, overlapping with early Gigapedia efforts;\
-- *mexmat*, a library collected by the members of Moscow State
University's Department of Mechanics and Mathematics for internal use,
originally distributed through private FTP servers;\
-- *Homelab*, *Ihtik*, and *Ingsat* libraries;\
-- the Foreign Fiction archive collected from IRC \#\*\*\*
2003.09-2011.07.09 and the Internet Library;\
-- the *Great Science Textbooks* collection and, later, over 20 smaller
miscellaneous archives.^[27](#fn-2025-27){#fnref-2025-27}^
In retrospect, we can categorize the founding efforts along three
parallel tracks: 1) as the development of "front-end" server software
for searching and downloading books, 2) as the organization of an online
forum for enthusiasts willing to contribute to the project, and 3) the
collection effort required to expand and maintain the "back-end" archive
of documents, primarily in .pdf and .djvu
formats.^[28](#fn-2025-28){#fnref-2025-28}^ "What do we do?" writes one
of the early volunteers (in 2009) on the topic of "Outcomes, Goals, and
Scope of the Project." He answers: "we loot sites with ready-made
collections," "sort the indices in arbitrary normalized formats," "for
uncatalogued books we build a 'technical index': name of file, size,
hashcode," "write scripts for database sorting after the initial catalog
process," "search the database," "use the database for the construction
of an accessible catalog," "build torrents for the distribution of files
in the collection."^[29](#fn-2025-29){#fnref-2025-29}^ But, "everything
begins with the forum," in the words of another founding
member.^[30](#fn-2025-30){#fnref-2025-30}^ *Aleph*, the very name of the
group, reflects the aspiration to develop a "platform for the inception
of subsequent and more user-friendly" libraries--a platform "useful for
the developer, the reader, and the
librarian."^[31](#fn-2025-31){#fnref-2025-31}^\
Aleph's *anatomy*
Figure 2: DVD case cover of "Traum's library" advertising "more than
167,000 books
:::
What is *Aleph*? Is it a collection of books? A community? A piece of
software? What makes a library? When attempting to visualize Aleph's
constituents (Figure 3), it seems insufficient to point to books alone,
or to social structure, or to technology in the absence of people and
content. Taking a systems approach to description, we understand a
library to comprise an assemblage of books, people, and infrastructure,
along with their corresponding words and texts, rules and institutions,
and shelves and servers.^[32](#fn-2025-32){#fnref-2025-32}^ In this
light, *Aleph*'s iteration on *LNU/Gigapedia* lies not in technological
advancement alone, but in system architecture, on all levels of
analysis.
Where the latter relied on proprietary server applications, *Aleph*
built software that enabled others to mirror and to serve the site in
its entirety. The server was written by d\* from www.l\*.com (Bet),
utilizing a codebase common to several similar large book-sharing
communities. The initial organizational efforts happened on a sub-forum
of a popular torrent tracker (*RR*). Fifteen founding members reached
early consensus to start hashing document filenames (using the MD5
message-digest algorithm), rather than to store files as is, with their
appropriate .pdf or .mobi extensions.^[33](#fn-2025-33){#fnref-2025-33}^
Bit-wise hashing was likely chosen as a (computationally) cheap way to
de-duplicate documents, since two identical files would hash into an
identical string. Hashing the filenames was hoped to have the
side-effect of discouraging direct (file system-level) browsing of the
archive.^[34](#fn-2025-34){#fnref-2025-34}^ Instead, the books were
meant to be accessed through the front-end "librarian" interface, which
added a layer of meta-data and search tools. In other words, the group
went out of its way to distribute *Aleph* as a library and not merely as
a large aggregation of raw files.
Site volunteers coordinate their efforts asynchronously, by means of a
simple online forum (using *phpBB* software), open to all interested
participants. Important issues related to the governance of the
project--decisions about new hardware upgrades, software design, and
book acquisition--receive public airing. For example, at one point, the
site experienced increased traffic from *Google* searches. Some senior
members welcomed the attention, hoping to attract new volunteers. Others
worried increased visibility would bring unwanted scrutiny. To resolve
the issue, a member suggested delisting the website by altering the
robots.txt configuration file and thereby blocking *Google*
crawlers.^[35](#fn-2025-35){#fnref-2025-35}^ Consequently, the site
would become invisible to *Google*, while remaining freely accessible
via a direct link. Early conversations on *RR*, reflect a consistent
concern about the archive's longevity and its vulnerability to official
sanctions. Rather than following the cyber-locker model of distribution,
the prospectors decided to release canonical versions of the library in
chunks, via *BitTorrent*--a distributed protocol for file sharing.
Another decision was made to "store" the library on open trackers (like
*The Pirate Bay*), rather than tying it to a closed, by-invitation-only
community. Although *LN/Gigapedia* was already decentralized to an
extent, the archeology of the community discussion reveals a multitude
of concious choices that work to further atomize *Aleph* and to
decentralize it along the axes of the collection, governance, and
engineering.
By March of 2009 these efforts resulted in approximately 79k volumes or
around 180gb of data.^[36](#fn-2025-36){#fnref-2025-36}^ By December of
the same year, the moderators began talking about a terabyte, 2tb in
2010, and around 7tb by 2011.^[37](#fn-2025-37){#fnref-2025-37}^ By
2012, the core group of "prospectors" grew to 1,000 registered users.
*Aleph*'s main mirror received over a million page views per month and
about 40,000 unique visits per day.^[38](#fn-2025-38){#fnref-2025-38}^
An online eBook piracy report estimates a combined total of a million
unique visitors per day for *Aleph* and its
mirrors.^[39](#fn-2025-39){#fnref-2025-39}^
As of January 2014, the *Aleph* catalog contains over a million books
(1,021,000) and over 15 million academic articles, "weighing in" at just
under 10tb. Most remarkably, one of the world's largest digital
libraries operates on an annual budget of \$1,900
US.^[40](#fn-2025-40){#fnref-2025-40}^
\#\#\# Vulnerability\
Distributed architecture gives *Aleph* significant advantages over its
federated predecessors. Were *Aleph* servers to go offline the archive
would survive "in the cloud" of the *BitTorrent* network. Should the
forum (*Bet*) close, another online forum could easily take its place.
And were *Aleph* library portal itself go dark, other mirrors would (and
usually do) quickly take its place.
But the decentralized model of content distribution is not without its
challenges. To understand them, we need to review some of the
fundamentals behind the *BitTorrent* protocol. At its bare minimum (as
it was described in the original specification by Bram Cohen) the
protocol involves a "seeder," someone willing to share something it its
entirety; a "leecher," someone downloading shared data; and a torrent
"tracker" that coordinates activity between seeders and
leechers.^[41](#fn-2025-41){#fnref-2025-41}^
Imagine a music album sharing agreement between three friends, where,
initially, only one holds a copy of some album: for example, Nirvana's
*Nevermind*. Under the centralized model of file sharing, the friend
holding the album would transmit two copies, one to each friend. The
power of *BitTorrent* comes from shifting the burden of sharing from a
single seeder (friend one) to a "swarm" of leechers (friends two and
three). On this model, the first leecher joining the network (friend
two, in our case) would begin to get his data from the seeder directly,
as before. But the second leecher would receive some bits from the
seeder and some from the first leecher, in a non-linear, asynchronous
fashion. In our example, we can imagine the remaining friend getting
some songs from the first friend and some from the second. The friend
who held the album originally now transmitted something less than two
full copies of the album, since the other two friends exchanged some
bits of information between themselves, lessening the load on the
original album holder.
When downloading from the *BitTorrent* network, a peer may receive some
bits from the beginning of the document, some from the middle, and some
from the end, in parts distributed among the members of the swarm. A
local application called the "client" is responsible for checking the
integrity of the pieces and for reassembling the them into a coherent
whole. A torrent "tracker" coordinates the activity between peers,
keeping track of who has what where. Having received the whole document,
a leecher can, in turn, become a seeder by sharing all of his downloaded
bits with the remaining swarm (who only have partial copies). The
leecher can also take the file offline, choosing not to share at
all.^[42](#fn-2025-42){#fnref-2025-42}^
The original protocol left torrent trackers vulnerable to charges of
aiding and abetting copyright
infringement.^[43](#fn-2025-43){#fnref-2025-43}^ Early in 2008, Cohen
extended *BitTorrent* to make use of "distributed sloppy hash tables"
(DHT) for storing peer locations without resorting to a central tracker.
Under these new guidelines, each peer would maintain a small routing
table pointing to a handful of nearby peer locations. In effect, DHT
placed additional responsibility on the swarm to become a tracker of
sorts, however "sloppy" and imperfect. By November of of 2009, *Pirate
Bay* announced its transition away from tracking entirely, in favor of
DHT and the related PEX and Magnetic Links protocols. At the time they
called it, "world's most resilient
tracking."^[44](#fn-2025-44){#fnref-2025-44}^
Despite these advancements, the decentralized model of file sharing
remains susceptible to several chronic ailments. The first follows from
the fact that ad-hoc distribution networks privilege popular material. A
file needs to be actively traded to ensure its availability. If nobody
is actively sharing and downloading Nirvana's *Nevermind*, the album is
in danger of fading out of the cloud. As one member wrote succinctly on
*Gimel* forums, "unpopular files are in danger of become
inaccessible."^[45](#fn-2025-45){#fnref-2025-45}^ This dynamic is less
of a concern for Hollywood blockbusters, but more so for "long tail"
specialized materials of the sort found in *Aleph*, and indeed, for
*Aleph* itself as a piece of software distributed through the network.
*Aleph* combats the problem of fading torrents by renting
"seedboxes"--servers dedicated to keeping the *Aleph* seeds containing
the archive alive, preserving the availability of the collection. The
server in production as of 2014 can serve up to 12tb of data speeds of
100-800 megabits per second. Other file sharing communities address the
issue by enforcing a certain download to upload ratio on members of
their network.
The lack of true anonymity is the second problem intrinsic to the
*BitTorrent* protocol. Peers sharing bits directly cannot but avoid
exposing their IP address (unless these are masked behind virtual
private networks or TOR relays). A "Sybil" attack becomes possible when
a malicious peer shares bits in bad faith, with the intent to log IP
addresses.^[46](#fn-2025-46){#fnref-2025-46}^ Researchers exploring this
vector of attack were able to harvest more than 91,000 IP addresses in
less than 24 hours of sharing a popular television
show.^[47](#fn-2025-47){#fnref-2025-47}^ They report that more than 9%
of requests made to their servers indicated "modified clients", which
are likely also to be running experiments in the DHT. Legitimate
copyright holders and copyright "trolls" alike have used this
vulnerability to bring lawsuits against individual sharers in
court.^[48](#fn-2025-48){#fnref-2025-48}^
These two challenges are further exacerbated in the case of *Aleph*,
which uses *BitTorrent* to distribute large parts of its own
architecture. These parts are relatively large--around 40-50GB each.
Long-term sustainability of *Aleph* as a distributed system therefore
requires a rare participant: one interested in downloading the archive
as a whole (as opposed to downloading individual books), one who owns
the hardware to store and transmit terabytes of data, and one possessing
the technical expertise to do so safely.
**Peer preservation**
In light of the challenges and the effort involved in maintaining the
archive, one would be remiss to describe *Aleph* merely in terms of book
piracy, understood in conventional terms of financial gain, theft, or
profiteering. Day-to-day labor of the core group is much more
comprehensible as a mode of commons-based peer production, which is, in
the canonical definition, work made possible by a "networked
environment," "radically decentralized, collaborative, and
non-proprietary; based on sharing resources and outputs among widely
distributed, loosely connected individuals who cooperate with each other
without relying on either market signals or managerial
commands."^[49](#fn-2025-49){#fnref-2025-49}^ *Aleph* answers the
definition of peer production, resembling in many respects projects like
*Linux*, *Wikipedia*, and *Project Gutenberg*.
Yet, *Aleph* is also patently a library. Its work can and should be
viewed in the broader context of Enlightenment ideals: access to
literacy, universal education, and the democratization of knowledge. The
very same ideals gave birth to the public library movement as a whole at
the turn of the 20th century, in the United States, Europe, and
Russia.^[50](#fn-2025-50){#fnref-2025-50}^ Parallels between free
library movements of the early 20th and the early 21st centuries point
to a social dynamic that runs contrary to the populist spirit of
commons-based peer production projects, in a mechanism that we describe
as peer preservation. The idea encompasses conflicting drives both to
share and to hoard information.
The roots of many public libraries lie in extensive private collections.
Bodleian Library at Oxford, for example, traces its origins back to the
collections of Thomas Cobham, Bishop of Worcester, Humphrey, Duke of
Gloucester, and to Thomas Bodley, himself an avid book collector.
Similarly, Poland's Zaluski Library, one of Europe's oldest, owes its
existence to the collecting efforts of the Zaluski brothers, both
bishops and bibliophiles.^[51](#fn-2025-51){#fnref-2025-51}^ As we
mentioned earlier, *Aleph* too began its life as an aggregator of
collections, including the personal libraries of Moshkov and Traum. When
books are scarce, private libraries are a sign of material wealth and
prestige. In the digital realm, where the cost of media acquisition is
low, collectors amass social capital. *Aleph* extends its collecting
efforts on *RR*, a much larger, moderated torrent exchange forum and
tracker. *RR* hosts a number of sub-forums dedicated to the exchange of
software, film, music, and books (where members of *Aleph* often make an
appearance). In the exchange economy of symbolic goods, top collectors
are known by their standing in the community, as measured by their
seniority, upload and download ratios, and the number of "releases." A
release is more than just a file: it must not duplicate items in the
archive and follows strict community guidelines related to packaging,
quality, and meta-data accompanying the document. Less experienced
members of the community treat high status numbers with reverence and
respect.
According to a question and answer session with an official *RR*
representative, *RR* is not particularly friendly to new
users.^[52](#fn-2025-52){#fnref-2025-52}^ In fact, high barriers to
entry are exactly what differentiates *RR* from sites like *The Pirate
Bay* and other unmoderated, open trackers. *RR* prides itself on the
"quality of its moderation." Unlike *Pirate Bay*, *RR* sees itself as a
"media library", where content is "organized and properly shelved." To
produce an acceptable book "release" one needs to create a package of
files, including well-formatted meta-data (following strict stylistic
rules) in the header, the name of the book, an image of its cover, the
year of release, author, genre, publisher, format, language, a required
description, and screenshots of a sample page. The files must be named
according to a convention, be "of the same kind" (that is belong to the
same collection), and be of the right size. Home-made scans are
discouraged and governed by a 1,000-words instruction manual. Scanned
books must have clear attribution to the releaser responsible for
scanning and processing.
More than that, guidelines indicate that smaller releases should be
expected to be "absorbed" into larger ones. In this way, a single novel
by Charles Dickens can and will be absorbed into his collected works,
which might further be absorbed into "Novels of 19th Century," and then
into "Foreign Fiction" (as a hypothetical, but realistic example).
According to the rules, the collection doing the absorbing must be "at
least 50% larger than the collection it is absorbing." Releases are
further governed by a subset or rules particular to the forum
subsections (e.g. journals, fiction, documentation, service manuals,
etc.).^[53](#fn-2025-53){#fnref-2025-53}^
All this to say that although barriers to acquisition are low, the
barriers to active participation are high and continually *increase with
time*. The absorption of smaller collections by larger favors the
veterans. Rules and regulations grow in complexity with the maturation
of the community, further widening the rift between senior and junior
peers. We are then witnessing something like the institutionalization of
a professional "librarian" class, whose task it is to protect the
collection from the encroachment of low-quality contributors. Rather
than serving the public, a librarian's primary commitment is to the
preservation of the archive as a whole. Thus what starts as a true peer
production project, may, in the end, grow to erect solid walls to
peering. This dynamic is already embodied in the history of public
libraries, where amateur librarians of the late 19th century eventually
gave way to their modern degree-holding counterparts. The conflicting
logistics of access and preservation may lead digital library
development along a similar path.
The expression of this dual push and pull dynamic in the observed
practices of peer preservation communities conforms to Derrida's insight
into the nature of the archive. Just as the walls of a library serve to
shelter the documents within, they also isolate the collection from the
public at large. Access and preservation, in that sense, subsist at
opposite and sometime mutually exclusive ends of the sharing spectrum.
And it may be that this dynamic is particular to all peer production
communities, like *Wikipedia*, which, according to recent studies, saw a
decline in new contributors due to increasingly strict rule
enforcement.^[54](#fn-2025-54){#fnref-2025-54}^ However, our results are
merely speculative at the moment. The analysis of a large dataset we
have collected as corollary to our field work online may offer further
evidence for these initial intuitions. In the meantime, it is not enough
to conclude that brick-and-mortar libraries should learn from these
emergent, distributed architectures of peer preservation. If the future
of *Aleph* is leading to increased institutionalization, the community
may soon face the fate embodied by its own procedures: the absorption of
smaller, wonderfully messy, ascending collections into larger, more
established, and more rigid social structures.
**Biographies**
Dennis Tenen teaches in the fields of new media and digital humanities
at Columbia University, Department of English and Comparative
Literature. His research often happens at the intersection of people,
texts, and technology. He is currently writing a book on minimal
computing, called *Plain Text*.
Maxwell Foxman is an adjunct professor at Marymount Manhattan College
and a PhD candidate in Communications at Columbia University, where he
studies the use and adoption of digital media into everyday life. He has
written on failed social media and on gamification in electoral
politics, newsrooms, and mobile media.
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1. [Victor Hugo, *Works of Victor Hugo* (New York: Nottingham Society,
1907), 230. [[↩](#fnref-2025-1)]{.footnotereverse}]{#fn-2025-1}
2. [Lawrence Liang, "Shadow Libraries E-Flux," 2012.
[[↩](#fnref-2025-2)]{.footnotereverse}]{#fn-2025-2}
3. [McKendrick, Joseph. *Libraries: At the Epicenter of the Digital
Disruption, The Library Resource Guide Benchmark Study on 2013/14
Library Spending Plans* (Unisphere Media, 2013).
[[↩](#fnref-2025-3)]{.footnotereverse}]{#fn-2025-3}
4. ["Archive Fever: a Freudian Impression," *Diacritics* 25, no. 2
(July 1995): 9--63.
[[↩](#fnref-2025-4)]{.footnotereverse}]{#fn-2025-4}
5. [Yochai Benkler, *The Wealth of Networks: How Social Production
Transforms Markets and Freedom* (New Haven: Yale University Press,
2006), 92; Paul DiMaggio et al., "Social Implications of the
Internet," *Annual Review of Sociology* 27 (January 2001): 320; Zizi
Papacharissi "The Virtual Sphere the Internet as a Public Sphere,"
*New Media & Society* 4.1 (2002): 9--27; Craig Calhoun "Information
Technology and the International Public Sphere," in *Shaping the
Network Society: the New Role of Civil Society in Cyberspace*, ed.
Douglas Schuler and Peter Day (MIT Press, 2004), 229--52.
[[↩](#fnref-2025-5)]{.footnotereverse}]{#fn-2025-5}
6. [Benkler, *The Wealth of Networks*, 442; Manuel Castells,
"Communication, Power and Counter-Power in the Network Society,"
*International Journal of Communication* (2007): 251; Lawrence
Lessig *Free Culture:How Big Media Uses Technology and the Law to
Lock Down Culture and Control Creativity* (The Penguin Press, 2004);
Clay Shirky Here Comes Everybody: the Power of Organizing Without
Organizations (New York: Penguin Press, 2008), 153.
[[↩](#fnref-2025-6)]{.footnotereverse}]{#fn-2025-6}
7. [Brian R. Day "In Defense of Copyright: Creativity, Record Labels,
and the Future of Music," *Seton Hall Journal of Sports and
Entertainment Law*, 21.1 (2011); William M. Landes and Richard A.
Posner, *The Economic Structure of Intellectual Property Law*
(Harvard University Press, 2003). For further discussion see
Steve P. Calandrillo, "Economic Analysis of Property Rights in
Information: Justifications and Problems of Exclusive Rights,
Incentives to Generate Information, and the Alternative of a
Government-Run Reward System" *Fordham Intellectual Property, Media
& Entertainment Law Journal* 9 (1998): 306; Julie Cohen, "Creativity
and Culture in Copyright Theory," *U.C. Davis Law Review* 40 (2006):
1151; Justin Hughes "Philosophy of Intellectual Property,"
*Georgetown Law Journal* 77 (1988): 303.
[[↩](#fnref-2025-7)]{.footnotereverse}]{#fn-2025-7}
8. [[piracylab.org](“http://piracylab.org”).
[[↩](#fnref-2025-8)]{.footnotereverse}]{#fn-2025-8}
9. ["Set the Fox to Watch the Geese: Voluntary IP Regimes in Piratical
File-Sharing Communities, in *Piracy: Leakages from Modernity*
(Litwin Books, LLC, 2012).
[[↩](#fnref-2025-9)]{.footnotereverse}]{#fn-2025-9}
10. ["The Future of Music and Film Piracy in China," *Berkeley
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[[↩](#fnref-2025-10)]{.footnotereverse}]{#fn-2025-10}
11. ["The Cyberlocker Gold Rush: Tracking the Rise of File-Hosting Sites
as Media Distribution Platforms," *International Journal of Cultural
Studies*, (2013).
[[↩](#fnref-2025-11)]{.footnotereverse}]{#fn-2025-11}
12. [The injunctions name I\* and F\* N\* (also known as Smiley).
[[↩](#fnref-2025-12)]{.footnotereverse}]{#fn-2025-12}
13. ["Publishers Strike Major Blow against Internet Piracy" last
modified February 15, 2012 and archived on January 10, 2014,
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[[↩](#fnref-2025-13)]{.footnotereverse}]{#fn-2025-13}
14. [Including the German Publishers and Booksellers Association,
Cambridge University Press, Georg Thieme, Harper Collins, Hogrefe,
Macmillan Publishers Ltd., Cengage Learning, Elsevier, John Wiley &
Sons, The McGraw-Hill Companies, Pearson Education Ltd., Pearson
Education Inc., Oxford University Press, Springer, Taylor & Francis,
C.H. Beck as well as Walter De Gruyter. The legal proceedings are
also supported by the Association of American Publishers (AAP), the
Dutch Publishers Association (NUV), the Italian Publishers
Association (AIE) and the International Association of Scientific
Technical and Medical Publishers (STM).
[[↩](#fnref-2025-14)]{.footnotereverse}]{#fn-2025-14}
15. [Andrew Losowsky, "Book Downloading Site Targeted in Injunctions
Requested by 17 Publishers," *Huffington Post*, accessed on
September 1, 2014,
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[[↩](#fnref-2025-15)]{.footnotereverse}]{#fn-2025-15}
16. [International Publishers Association.
[[↩](#fnref-2025-16)]{.footnotereverse}]{#fn-2025-16}
17. [Vik, "Gigapedia: The greatest, largest and the best website for
downloading eBooks," Emotionallyspeaking.com, last edited on August
10, 2009 and archived on July 15, 2012,
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[[↩](#fnref-2025-17)]{.footnotereverse}]{#fn-2025-17}
18. [Anonymous author, "Library.nu: Modern era's 'Destruction of the
Library of Alexandria,'" *Breaking Culture* (on tublr.com), last
edited on February 16, 2012 and archived on January 14, 2014,
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[[↩](#fnref-2025-18)]{.footnotereverse}]{#fn-2025-18}
19. [[http://torrentfreak.com/book-publishers-shut-down-library-nu-and-ifile-it-120215](“https://web.archive.org/web/20140110050710/http://torrentfreak.com/book-publishers-shut-down-library-nu-and-ifile-it-120215”)
archived on January 10, 2014.
[[↩](#fnref-2025-19)]{.footnotereverse}]{#fn-2025-19}
20. [[http://www.reddit.com/r/trackers/comments/ppfwc/librarynu\_admin\_the\_website\_is\_shutting\_down\_due](“https://web.archive.org/web/20140110050450/http://www.reddit.com/r/trackers/comments/ppfwc/librarynu_admin_the_website_is_shutting_down_due”)
archived on January 10, 2014.
[[↩](#fnref-2025-20)]{.footnotereverse}]{#fn-2025-20}
21. [[http://www.reddit.com/r/trackers/comments/ppfwc/librarynu\_admin\_the\_website\_is\_shutting\_down\_due](“https://web.archive.org/web/20140110050450/http://www.reddit.com/r/trackers/comments/ppfwc/librarynu_admin_the_website_is_shutting_down_due”)
orchived on January 10, 2014.
[[↩](#fnref-2025-21)]{.footnotereverse}]{#fn-2025-21}
22. [[www.reddit.com/r/trackers/comments/ppfwc/librarynu\_admin\_the\_website\_is\_shutting\_down\_due](“https://web.archive.org/web/20140110050450/http://www.reddit.com/r/trackers/comments/ppfwc/librarynu_admin_the_website_is_shutting_down_due”)
archived on January 10, 2014.
[[↩](#fnref-2025-22)]{.footnotereverse}]{#fn-2025-22}
23. [This point is made at length in the report on media piracy in
emerging economies, released by the American Assembly in 2011. See
Joe Karaganis, ed. *Media Piracy in Emerging Economies* (Social
Science Research Network, March 2011),
[http://piracy.americanassembly.org/the-report/](“http://piracy.americanassembly.org/the-report/”), I.
[[↩](#fnref-2025-23)]{.footnotereverse}]{#fn-2025-23}
24. [Lobato and Tang, "The Cyberlocker Gold Rush."
[[↩](#fnref-2025-24)]{.footnotereverse}]{#fn-2025-24}
25. [Lobato and Tang, "The Cyberlocker Gold Rush," 9.
[[↩](#fnref-2025-25)]{.footnotereverse}]{#fn-2025-25}
26. [Lobato and Tang, "The Cyberlocker Gold Rush," 7.
[[↩](#fnref-2025-26)]{.footnotereverse}]{#fn-2025-26}
27. [GIMEL/viewtopic.php?f=8&t=169; GIMEL/viewtopic.php?f=17&t=299.
[[↩](#fnref-2025-27)]{.footnotereverse}]{#fn-2025-27}
28. [GIMEL/viewtopic.php?f=17&t=299.
[[↩](#fnref-2025-28)]{.footnotereverse}]{#fn-2025-28}
29. [GIMEL/viewtopic.php?f=8&t=169. All quotes translated from Russian
by the authors, unless otherwise noted.
[[↩](#fnref-2025-29)]{.footnotereverse}]{#fn-2025-29}
30. [GIMEL/viewtopic.php?f=8&t=6999&p=41911.
[[↩](#fnref-2025-30)]{.footnotereverse}]{#fn-2025-30}
31. [GIMEL/viewtopic.php?f=8&t=757.
[[↩](#fnref-2025-31)]{.footnotereverse}]{#fn-2025-31}
32. [In this sense, we see our work as complementary to but not
exhausted by infrastructure studies. See Geoffrey C. Bowker and
Susan Leigh Star, *Sorting Things Out: Classification and Its
Consequences* (The MIT Press, 1999); Paul N. Edwards, "Y2K:
Millennial Reflections on Computers as Infrastructure," *History and
Technology* 15.1-2 (1998): 7--29; Paul N. Edwards, "Infrastructure
and Modernity: Force, Time, and Social Organization in the History
of Sociotechnical Systems," in *Modernity and Technology*, 2003,
185--225; Paul N. Edwards et al., "Introduction: an Agenda for
Infrastructure Studies," *Journal of the Association for Information
Systems* 10.5 (2009): 364--74; Brian Larkin "Degraded Images,
Distorted Sounds: Nigerian Video and the Infrastructure of Piracy,"
*Public Culture* 16.2 (2004): 289--314; Brian Larkin "Pirate
Infrastructures," in *Structures of Participation in Digital
Culture*, ed. Joe Karaganis (New York: SSRC, 2008), 74--87; Susan
Leigh Star and Geoffrey C. Bowker, "How to Infrastructure," in
*Handbook of New Media: Social Shaping and Social Consequences of
ICTs*, (SAGE Publications Ltd, 2010), 230--46.
[[↩](#fnref-2025-32)]{.footnotereverse}]{#fn-2025-32}
33. [For information on cryptographic hashing see Praveen Gauravaram and
Lars R. Knudsen, "Cryptographic Hash Functions," in *Handbook of
Information and Communication Security*, ed. Peter Stavroulakis and
Mark Stamp (Springer Berlin Heidelberg, 2010), 59--79.
[[↩](#fnref-2025-33)]{.footnotereverse}]{#fn-2025-33}
34. [See GIMEL/viewtopic.php?f=8&t=55kj and
GIMEL/viewtopic.php?f=8&t=18&sid=936.
[[↩](#fnref-2025-34)]{.footnotereverse}]{#fn-2025-34}
35. [GIMEL/viewtopic.php?f=8&t=714.
[[↩](#fnref-2025-35)]{.footnotereverse}]{#fn-2025-35}
36. [GIMEL/viewtopic.php?f=8&t=47.
[[↩](#fnref-2025-36)]{.footnotereverse}]{#fn-2025-36}
37. [GIMEL/viewtopic.php?f=17&t=175&hilit=RR&start=25.
[[↩](#fnref-2025-37)]{.footnotereverse}]{#fn-2025-37}
38. [GIMEL/viewtopic.php?f=17&t=104&start=450.
[[↩](#fnref-2025-38)]{.footnotereverse}]{#fn-2025-38}
39. [URL redacted; These numbers should be taken as a very rough
estimate because 1) we do not consider Alexa to be a reliable source
for web traffic and 2) some of the other figures cited in the report
are suspicious. For example, *Aleph* has a relatively small archive
of foreign fiction, at odds with the reported figure of 800,000
volumes. [[↩](#fnref-2025-39)]{.footnotereverse}]{#fn-2025-39}
40. [GIMEL/viewtopic.php?f=17&t=7061.
[[↩](#fnref-2025-40)]{.footnotereverse}]{#fn-2025-40}
41. ["The BitTorrent Protocol Specification," last modified October 20,
2012 and archived on June 13, 2014,
[http://www.bittorrent.org/beps/bep\_0003.html](“http://web.archive.org/web/20140613190300/http://www.bittorrent.org/beps/bep_0003.html”).
[[↩](#fnref-2025-41)]{.footnotereverse}]{#fn-2025-41}
42. [For more information on BitTorrent, see Bram Cohen, *Incentives
Build Robustness in BitTorrent*, last modified on May 22, 2003,
[http://www.bittorrent.org/bittorrentecon.pdf](“http://www.bittorrent.org/bittorrentecon.pdf”);
Ricardo Salmon, Jimmy Tran, and Abdolreza Abhari, "Simulating a File
Sharing System Based on BitTorrent," in *Proceedings of the 2008
Spring Simulation Multiconference*, SpringSim '08 (San Diego, CA,
USA: Society for Computer Simulation International, 2008), 21:1--5.
[[↩](#fnref-2025-42)]{.footnotereverse}]{#fn-2025-42}
43. [In 2008 *The Pirate Bay* co-founders Peter Sunde, Gottfrid
Svartholm Warg, Fredrik Neij, and Carl Lundstromwere were charged
with "conspiracy to break copyright related offenses" in Sweden. See
Simon Johnson for Reuters.com, "Pirate Bay Copyright Test Case
Begins in Sweden," last edited on February 16, 2009 and archived on
August 4, 2014,
[http://uk.reuters.com/article/2009/02/16/tech-us-sweden-piratebay-idUKTRE51F3K120090216](http://web.archive.org/web/20140804000829/http://uk.reuters.com/article/2009/02/16/tech-us-sweden-piratebay-idUKTRE51F3K120090216”).
[[↩](#fnref-2025-43)]{.footnotereverse}]{#fn-2025-43}
44. [TPB, "Worlds most resiliant tracking," last edited November 17,
2009 and archived on August 4, 2014,
[thepiratebay.se/blog/175](“http://web.archive.org/web/20140804015645/http://thepiratebay.se/blog/175”).
[[↩](#fnref-2025-44)]{.footnotereverse}]{#fn-2025-44}
45. [GIMEL/viewtopic.php?f=8&t=6999.
[[↩](#fnref-2025-45)]{.footnotereverse}]{#fn-2025-45}
46. [Thibault Cholez, Isabelle Chrisment, and Olivier Festor "Evaluation
of Sybil Attacks Protection Schemes in KAD," in *Scalability of
Networks and Services*, ed. Ramin Sadre and Aiko Pras, Lecture Notes
in Computer Science 5637 (Springer Berlin Heidelberg, 2009), 70--82.
[[↩](#fnref-2025-46)]{.footnotereverse}]{#fn-2025-46}
47. [J.P. Timpanaro et al., "BitTorrent's Mainline DHT Security
Assessment," in *2011 4th IFIP International Conference on New
Technologies, Mobility and Security (NTMS)*, 2011, 1--5.
[[↩](#fnref-2025-47)]{.footnotereverse}]{#fn-2025-47}
48. [Ernesto, "US P2P Lawsuit Shows Signs of a 'Pirate Honeypot',"
Technology, *TorrentFreak*, last edited in June 2011 and archived on
January 14, 2014,
[http://torrentfreak.com/u-s-p2p-lawsuit-shows-signs-of-a-pirate-honeypot-110601/](“https://web.archive.org/web/20140114200326/http://torrentfreak.com/u-s-p2p-lawsuit-shows-signs-of-a-pirate-honeypot-110601/”).
[[↩](#fnref-2025-48)]{.footnotereverse}]{#fn-2025-48}
49. [Benkler *The Wealth of Networks*, 60.
[[↩](#fnref-2025-49)]{.footnotereverse}]{#fn-2025-49}
50. [On the free and public library movement in England and the United
States see Thomas Greenwood, *Public Libraries: a History of the
Movement and a Manual for the Organization and Management of Rate
Supported Libraries* (Simpkin, Marshall, Hamilton, Kent, 1890);
Elizabeth Akers Allen and James Phinney Baxter, *Dedicatory
Exercises of the Baxter Building* (Auburn, Me: Lakeside Press,
1889). To read more about the history of free and public library
movements in Russia see Mary Stuart, "The Evolution of Librarianship
in Russia: the Librarians of the Imperial Public Library,
1808-1868," *The Library Quarterly* 64.1 (January 1994): 1--29; Mary
Stuart, "Creating a National Library for the Workers' State: the
Public Library in Petrograd and the Rumiantsev Library Under
Bolshevik Rule," *The Slavonic and East European Review* 72.2 (April
1994): 233--58; Mary Stuart "The Ennobling Illusion: the Public
Library Movement in Late Imperial Russia," *The Slavonic and East
European Review* 76.3 (July 1998): 401--40.
[[↩](#fnref-2025-50)]{.footnotereverse}]{#fn-2025-50}
51. [Michael H. Harris, *History of Libraries of the Western World*,
(London: Scarecrow Press, 1999), 136.
[[↩](#fnref-2025-51)]{.footnotereverse}]{#fn-2025-51}
52. [http://s\*.d\*.ru/comments/508985/.
[[↩](#fnref-2025-52)]{.footnotereverse}]{#fn-2025-52}
53. [RR/forum/viewtopic.php?t=1590026.
[[↩](#fnref-2025-53)]{.footnotereverse}]{#fn-2025-53}
54. [Aaron Halfaker et al."The Rise and Decline of an Open Collaboration
System: How Wikipedia's Reaction to Popularity Is Causing Its
Decline," *American Behavioral Scientist*, December 2012.
[[↩](#fnref-2025-54)]{.footnotereverse}]{#fn-2025-54}
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