Adema & Hall
The political nature of the book: on artists' books and radical open access
2013
The political nature of the book: on artists' books and radical open access
Adema, J. and Hall, G.
Author post-print (accepted) deposited in CURVE September 2013
Original citation & hyperlink:
Adema, J. and Hall, G. (2013). The political nature of the book: on artists' books and radical
open access. New Formations, volume 78 (1): 138-156
http://dx.doi.org/10.3898/NewF.78.07.2013
This is an Open Access article distributed under the terms of the Creative Commons
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Abstract
In this article we argue that the medium of the book can be a material and
conceptual means, both of criticising capitalism’s commodification of knowledge (for
example, in the form of the commercial incorporation of open access by feral and
predatory publishers), and of opening up a space for thinking about politics. The
book, then, is a political medium. As the history of the artist’s book shows, it can be
used to question, intervene in and disturb existing practices and institutions, and even
offer radical, counter-institutional alternatives. If the book’s potential to question and
disturb existing practices and institutions includes those associated with liberal
democracy and the neoliberal knowledge economy (as is apparent from some of the
more radical interventions occurring today under the name of open access), it also
includes politics and with it the very idea of democracy. In other words, the book is a
medium that can (and should) be ‘rethought to serve new ends’; a medium through
which politics itself can be rethought in an ongoing manner.
Janneke Adema is a PhD student at Coventry University, writing a dissertation on the
future of the scholarly monograph. She is the author of the OAPEN report Overview
of Open Access Models for eBooks in the Humanities and Social Sciences (2010) and
has published in The International Journal of Cultural Studies, New Media & Society,
New Review of Academic Librarianship; Krisis: Journal for Contemporary
Philosophy; Scholarly and Research Communication; and LOGOS; and co-edited a
living book on Symbiosis (Open Humanities Press, 2011). Her research can be
followed on www.openreflections.wordpress.com.
Gary Hall is Professor of Media and Performing Arts and Director of the Centre for
Disruptive Media at Coventry University, UK. He is author of Culture in Bits
(Continuum, 2002) and Digitize This Book! (Minnesota UP, 2008). His work has
appeared in numerous journals, including Angelaki, Cultural Studies, The Oxford
Literary Review, Parallax and Radical Philosophy. He is also founding co-editor of
the open access journal Culture Machine (http://www.culturemachine.net), and co-
1
founder of Open Humanities Press (http://www.openhumanitiespress.org). More
details are available on his website http://www.garyhall.info.
THE POLITICAL NATURE OF THE BOOK: ON ARTISTS’ BOOKS AND
RADICAL OPEN ACCESS
Janneke Adema and Gary Hall
INTRODUCTION
The medium of the book plays a double role in art and academia, functioning not only
as a material object but also as a concept-laden metaphor. Since it is a medium
through which an alternative future for art, academia and even society can be enacted
and imagined, materially and conceptually, we can even go so far as to say that, in its
ontological instability with regard to what it is and what it conveys, the book serves a
political function. In short, the book can be ‘rethought to serve new ends’. 1 At the
same time, the medium of the book remains subject to a number of constraints: in
terms of its material form, structure, characteristics and dimensions; and also in terms
of the political economies, institutions and practices in which it is historically
embedded. Consequently, if it is to continue to be able to serve ‘new ends’ as a
medium through which politics itself can be rethought – although this is still a big if –
then the material and cultural constitution of the book needs to be continually
1
Johanna Drucker, The Century of Artists’ Books, 2nd ed., Granary Books, New York, 2004,
p49.
2
reviewed, reevaluated and reconceived. In order to explore critically this ‘political
nature of the book’, as we propose to think of it, along with many of the fundamental
ideas on which the book as both a concept and a material object is based, this essay
endeavours to demonstrate how developments undergone by the artist’s book in the
1960s and 1970s can help us to understand some of the changes the scholarly
monograph is experiencing now, at a time when its mode of production, distribution,
organisation and consumption is shifting from analogue to digital and from codex to
net. In what follows we will thus argue that a reading of the history of the artist’s
book can be generative for reimagining the future of the scholarly monograph, both
with respect to the latter’s potential form and materiality in the digital age, and with
respect to its relation to the economic system in which book production, distribution,
organisation and consumption takes place. Issues of access and experimentation are
crucial to any such future, we will suggest, if the critical potentiality of the book is to
remain open to new political, economic and intellectual contingencies.
THE HISTORY OF THE ARTIST’S BOOK
With the rise to prominence of digital publishing today, the material conditions of
book production, distribution, organisation and consumption are undergoing a rapid
and potentially profound transformation. The academic world is one arena in which
digital publishing is having a particularly strong impact. Here, the transition from
print to digital, along with the rise of self-publishing (Blurb, Scribd) and the use of
social media and social networks (Facebook, Twitter, Academia.edu) to communicate
and share scholarly research, has lead to the development of a whole host of
alternative publication and circulation systems for academic thought and knowledge.
3
Nowhere have such changes to the material conditions of the academic book been
rendered more powerfully apparent than in the emergence and continuing rise to
prominence of the open access movement. With its exploration of different ways of
publishing, circulating and consuming academic work (specifically, more open,
Gratis, Libre ways of doing so), and of different systems for governing, reviewing,
accrediting and legitimising that work, open access is frequently held as offering a
radical challenge to the more established academic publishing industry. Witness the
recent positioning in the mainstream media of the boycott of those publishers of
scholarly journals – Elsevier in particular – who charge extremely high subscription
prices and who refuse to allow authors to make their work freely available online on
an open access basis, in terms of an ‘Academic Spring’. Yet more potentially radical
still is the occupation of the new material conditions of academic book production,
distribution, organization and consumption by those open access advocates who are
currently experimenting with the form and concept of the book, with a view to both
circumventing and placing in question the very print-based system of scholarly
communication – complete with its ideas of quality, stability and authority – on
which so much of the academic institution rests.
In the light of the above, our argument in this essay is that some of these more
potentially radical, experimental developments in open access book publishing can be
related on the level of political and cultural significance to transformations undergone
in a previous era by the artist’s book. As a consequence, the history of the latter can
help us to explore in more depth and detail than would otherwise be possible the
relation in open access between experimenting with the medium of the book on a
4
material and conceptual level on the one hand, and enacting political alternatives in a
broader sense on the other. Within the specific context of 1960s and 1970s
counterculture, the artist’s book was arguably able to fill a certain political void,
providing a means of democratising and subverting existing institutions by
distributing an increasingly cheap and accessible medium (the book), and in the
process using this medium in order to reimagine what art is and how it can be
accessed and viewed. While artists grasped and worked through that relation between
the political, conceptual and material aspects of the book several decades ago, thanks
to the emergence of open access online journals, archives, blogs, wikis and free textsharing networks one of the main places in which this relation is being explored today
is indeed in the realm of academic publishing. 2
In order to begin thinking through some of the developments in publishing that are
currently being delved into under the banner of open access, then, let us pause for a
moment to reflect on some of the general characteristics of those earlier experiments
with the medium of the book that were performed by artists. Listed below are six key
areas in which artists’ books can be said to offer guidance for academic publishing in
the digital age, not just on a pragmatic level but on a conceptual and political level
too.
1) The Circumvention of Established Institutions
2
The relation in academic publishing between the political, conceptual and material aspects
of the book has of course been investigated at certain points in the past, albeit to varying
degrees and extents. For one example, see the ‘Working Papers’ and other forms of stencilled
gray literature that were produced and distributed by the Birmingham Centre for
Contemporary Cultural Studies in the 1960s and 1970s, as discussed by Ted Striphas and
Mark Hayward in their contribution to this issue.
5
According to the art theorist Lucy Lippard, the main reason the book has proved to be
so attractive as an artistic medium has to do with the fact that artists’ books are
‘considered by many the easiest way out of the art world and into the hearth of a
broader audience.’ 3 Books certainly became an increasingly popular medium of
artistic expression in Europe and the United States in the 1960s and 1970s. This was
largely due to their perceived potential to subvert the (commercial, profit-driven)
gallery system and to politicise artistic practice - to briefly introduce some of the
different yet as we can see clearly related arguments that follow - with the book
becoming a ‘democratic multiple’ that breached the walls held to be separating socalled high and low culture. Many artist-led and artist-controlled initiatives, such as
US-based Franklin Furnace, Printed Matter and Something Else Press, were
established during this period to provide a forum for artists excluded from the
traditional institutions of the gallery and the museum. Artists’ books played an
extremely important part in the rise of these independent art structures and publishing
ventures. 4 Indeed, for many artists such books embodied the ideal of being able to
control all aspects of their work.
Yet this movement toward liberating themselves from the gallery system by
publishing and exhibiting in artists’ books was by no means an easy transition for
many artists to make. It required them to come to terms with the idea that publishing
their own work did not amount to mere vanity self-publishing, in particular. Moore
and Hendricks describe this state of affairs in terms of the power and potential of ‘the
3
Lucy R. Lippard, ‘The Artist’s Book Goes Public’, in Joan Lyons (ed), Artists’ Books: a
Critical Anthology and Sourcebook, Rochester, New York: Visual Studies Workshop Press,
1993, p45.
4
Joan Lyons, ‘Introduction’, in Lyons (ed), Artists’ Books, p7.
6
page as an alternative space’. 5 From this perspective, producing, publishing and
distributing one’s own artist’s book was a sign of autonomy and independence; it was
nothing less than a way of being able to affect society directly. 6 The political potential
associated with the book by artists should therefore not be underestimated..
Accordingly, many artists created their own publishing imprints or worked together
with newly founded artist’s book publishers and printers (just as some academics are
today challenging the increasingly profit-driven publishing industry by establishing
not-for-profit, scholar-led, open access journals and presses). The main goal of these
independent (and often non-commercial) publisher-printer-artist collectives was to
make experimental, innovative work (rather than generate a profit), and to promote
ephemeral art works, which were often ignored by mainstream, mostly marketorientated institutions. 7 Artists’ books thus fitted in well with the mythology Johanna
Drucker describes as surrounding ‘activist artists’, and especially with the idea of the
book as a tool of independent activist thought. 8
2) The Relationship with Conceptual and Processual Art
In the context of this history of the artist’s book, one particularly significant
conceptual challenge to the gallery system came with the use of the book as a
platform for exhibiting original work (itself an extension of André Malraux’s idea of
the museum without walls). Curator Seth Siegelaub was among the first to publish his
artists – as opposed to exhibiting them – thus becoming, according to Germano
5
Hendricks and Moore, ‘The Page as Alternative Space: 1950 to 1969’, in Lyons (ed),
Artists’ Books, p87.
6
Pavel Büchler, ‘Books as Books’, in Jane Rolo and Ian Hunt (eds), Book Works: a Partial
History and Sourcebook, London: Book Works, 1996.
7
Clive Phillpot, ‘Some Contemporary Artists and Their Books’, in Cornelia Lauf and Clive
Phillpot (eds), Artist/Author: Contemporary Artists’ Books, New York, Distributed Art
Publishers, 1998, pp128-9.
8
Drucker, The Century of Artists’ Books, pp7-8.
7
Celant, ‘the first to allow complete operative and informative liberty to artists’. 9 The
Xerox Book and March 1-31, 1969, featuring work by Sol LeWitt, Robert Barry,
Douglas Huebler, Joseph Kosuth, Lawrence Weiner and other international artists, are
both examples of artists’ books where the book (or the catalogue) itself is the
exhibition. As Moore and Hendricks point out, this offered all kinds of benefits when
compared with traditional exhibitions: ‘This book is the exhibition, easily
transportable without the need for expensive physical space, insurance, endless
technical problems or other impediments. In this form it is relatively permanent and,
fifteen years later, is still being seen by the public.’ 10 Artists’ books thus served here
as an alternative space in themselves and at the same time functioned within a
network of alternative spaces, such as the above-mentioned Franklin Furnace
and Printed Matter.. Next to publishing and supporting artists’ books, such venues
offered a space for staging often highly politicised, critical, experimental and
performance art. 11 It is important to emphasise this aspect of artist book publishing, as
it shows that the book was used as a specific medium to exhibit works that could not
otherwise readily find a place within mainstream exhibition venues (a situation which,
as we will show, has been one of the main driving forces behind open access book
publishing). This focus on the book as a place for continual experimentation – be it on
the level of content or form – can thus be seen as underpinning what we are referring
to here as the ‘political nature of the book’ (playing on the title of Adrian Johns’
classic work of book history). 12
9
Germano Celant, Book as Artwork 1960-1972, New York, 6 Decades Books, 2011, p40.
Hendricks and Moore, ‘The Page as Alternative Space. 1950 to 1969’, p94.
11
Brian Wallis, ‘The Artist’s Book and Postmodernism’, in Cornelia Lauf and Clive Phillpot,
(eds), Artist/Author, 1998.
12
Adrian Johns, The Nature of the Book: Print and Knowledge in the Making, Chicago,
University of Chicago Press, 1998.
10
8
3) The Use of Accessible Technologies
As is the case with the current changes to the scholarly monograph, the rise of artists’
books can be perceived to have been underpinned (though by no means determined)
by developments in technology, with the revolution in mimeograph and offset
printing helping to take artists’ books out of the realm of expensive and rare
commodities by providing direct access to quick and inexpensive printing
methods. 13 Due to its unique characteristics – low production costs, portability,
accessibility and endurance – the artist’s book was regarded as having the potential to
communicate with a wider audience beyond the traditional art world. In particular, it
was seen as having the power to break down the barriers between so-called high and
low culture, using the techniques of mass media to enable artists to argue for their
own,
alternative
goals,
something
that
presented
all
kinds
of
political
possibilities.14 The artist’s book thus conveyed a high degree of artistic autonomy,
while also offering a far greater role to the reader or viewer, who was now able to
interact with the art object directly (eluding the intermediaries of the gallery and
museum system). Indeed, Lippard even went so far as to envision a future where
artists’ books would be readily available as part of mass consumer culture, at
‘supermarkets, drugstores and airports’. 15
4) The Politics of the Democratic Multiple
13
Hendricks and Moore, ‘The Page as Alternative Space’, pp94-95.
Joan Lyons, ‘Introduction’, in Lyons (ed), Artists’ Books, p7.
15
Lippard, ‘The Artist’s Book Goes Public’, p48; Lippard, ‘Conspicuous Consumption: New
Artists’ Books’, in Lyons (ed), Artists’ Books, p100. Is there a contradiction here between a
politics of artists’ books that is directed against commercial profit-driven galleries and
institutions, but which nevertheless uses the tools of mass consumer culture to reach a wider
audience (see also the critique Lippard offers in the next section)? And can a similar point be
made with respect to the politics of some open access initiatives and their use of social media
and (commercial, profit-driven) platforms such as Google Books and Amazon?
14
9
The idea of the book as a real democratic multiple came into being only after 1945, a
state of events that has been facilitated by a number of technological innovations,
including those detailed above. Yet the concept of the democratic multiple itself
developed in what was already a climate of political activism and social
consciousness. In this respect, the democratic multiple was part of both the overall
trend toward the dematerialization of art and the newly emergent emphasis on cultural
and artistic processes rather than ready-made objects. 16
Artists’ desire for
independence from established institutions and for the wider availability of their
works thus resonated with the democratising and anti-institutional potential of the
book as a medium. What is more, the book offered artists a space in which they were
able to experiment with the materiality of the medium itself and with the practices
that comprised it, and thus ultimately with the question of what constituted art and an
art object. This reflexivity of the book with regard to its own nature is one of the key
characteristics that make a book an artist’s book, and enable it to have political
potential in that it can be ‘rethought to serve new ends’. Much the same can be said
with respect to the relation between the book and scholarly communication: witness
the way reflection on the material nature of the book in the digital age has led to
questions being raised regarding how we structure scholarly communication and
practice scholarship more generally.
5) Conceptual Experimentation: Problematising the Concept and Form of the Book
Another key to understanding artists’ books and their history lies with the way the
radical change in printing technologies after World War II led to the reassessment of
the book form itself, and in particular, of the specific nature of the book’s materiality,
16
Drucker, The Century of Artists’ Books, p72.
10
of the very idea of the book, and of the notions and practices underlying the book’s
various uses.
When it came to reevaluating the materiality of the book, many experiments with
artists’ books tried to escape the linearity brought about by the codex form’s
(sequential) constraints, something which had long conditioned both writing and
reading practices. Undoubtedly, one of the most important theorists as far as
rethinking the materiality of the book in the period after 1945 is concerned is Ulises
Carrión. He defines the book as a specific set of conditions that should be (or need to
be) responded to. 17 Instead of seeing it as just a text, Carrión positions the book as an
object, a container and a sequence of spaces. For him, the codex is a form that needs
to be responded to in what he prefers to call ‘bookworks’. These are ‘books in which
the book form, as a coherent sequence of pages, determines conditions of reading that
are intrinsic to the work.’ 18 From this perspective, artists’ books interrogate the
structure and the meaning of the book’s form. 19
Yet the book is also a metaphor, a symbol and an icon to be responded to. 20 Indeed, it
is difficult to establish a precise definition or set of characteristics for artists’ books as
their very nature keeps changing. As Sowden and Bodman put it, ‘What a book is can
be challenged’. 21 Drucker, meanwhile, is at pains to point out that the book is open
for innovation, although the latter has its limits: ‘The convention of the book is both
its constrained meanings (as literacy, the law, text and so forth) and the space of new
17
James Langdon (ed), Book, Birmingham, Eastside Projects, 2010.
Ulises Carrión, ‘Bookworks Revisited’, in James Langdon (ed), Book, Birmingham,
Eastside Projects, 2010.
19
Drucker, The Century of Artists’ Books, pp3-4.
20
Ibid., p360.
21
Tom Sowden and Sarah Bodman, A Manifesto for the Book, Impact Press, 2010, p9.
18
11
work (the blank page, the void, the empty place).’ Books here ‘mutate, expand,
transform’. Accordingly, Drucker regards the transformed book as an intervention,
something that reflects the inherent critique that book experiments embody with
respect to their own constitution.22 One way of examining reflexively the structures
that make up the book is precisely by disturbing those structures. In certain respects
the page can be thought of as being finite (e.g. physically, materially), but it can also
be understood to be infinite, not least as a result of being potentially different on each
respective viewing/reading. This allows the book to be perceived as a self-reflexive
medium that is extremely well-suited to formal experiments. At the same time, it
allows it to be positioned as a potentially political medium, in the sense that it can be
used to intervene in and disturb existing practices and institutions.
6) The Problematisation of Reading and Authorship
As part of their constitution, artists’ books can be said to have brought into question
certain notions and practices relating to the book that had previously been taken too
much for granted – and perhaps still are. For instance, Brian Wallis shows how, ‘in
place of the omnipotent author’, postmodern artists’ books ‘acknowledge a
collectivity of voices and active participation of the reader’. 23 Carrión, for one, was
very concerned with the thought that readers might consume books passively, while
being unaware of their specificity as a medium. 24 The relationship between the book
and reading, and the way in which the physical aspect of the book can change how we
read, was certainly an important topic for artists throughout this period. Many
experiments with artists’ books focused on the interaction between author, reader and
22
Drucker, The Century of Artists’ Books.
Lucy Lippard and John Chandler, ‘The Dematerialization of Art’, Art International, 12, 2
(1968).
24
Langdon, Book.
23
12
book, offering an alternative, and not necessarily linear, reading experience. 25 Such
readerly interventions often represented a critical engagement with ideas of the author
as original creative genius derived from the cultural tradition of European
Romanticism. Joan Lyons describes this potential of the artist’s book very clearly:
‘The best of the bookworks are multinotational. Within them, words, images, colors,
marks, and silences become plastic organisms that play across the pages in variable
linear sequence. Their importance lies in the formulation of a new perceptual
literature whose content alters the concept of authorship and challenges the reader to a
new discourse with the printed page.’ 26 Carrión thus writes about how in the books of
the new art, as he calls them, words no longer transmit an author’s intention. Instead,
authors can use other people’s words as an element of the book as a whole – so much
so that he positions plagiarism as lying at the very basis of creativity. As far as artists’
books are concerned, it is not the artist’s intention that is at stake, according to
Carrión, but rather the process of testing the meaning of language. It is the reader who
creates the meaning and understanding of a book for Carrión, through his or her
specific meaning-extraction. Every book requires a different reading and opens up
possibilities to the reader. 27
THE INHIBITIONS OF MEDIATIC CHANGE
We can thus see that the very ‘nature’ of the book is particularly well suited to
experimentation and to reading against the grain. As a medium, the book has the
25
This has been one of the focal points of the books published and commissioned by UK
artist book publisher Book Works, for instance. Jane Rolo and Ian Hunt, ‘Introduction’, in
Book Works: A Partial History and Sourcebook, op. cit.
26
Joan Lyons, ‘Introduction’, p7.
27
Ulises Carrión, ‘The New Art of Making Books’, in James Langdon (ed), Book,
Birmingham, Eastside Projects, 2010.
13
potential to raise questions for some of the established practices and institutions
surrounding the production, distribution and consumption of printed matter. This
potential notwithstanding, it gradually became apparent (for some this realisation
occurred during the 1960s and 1970s, for others it only came about later) that the
ability of artists’ books to bring about institutional change in the art world, and to
question both the concept of the book and that of art as the singular aesthetic artefact
bolstered by institutional structures, was not particularly long-lasting. With respect to
the democratization of the artist’s book, for example, Lippard notes that, by losing its
distance, there was also a chance of the book losing its critical function. Here, says
Lippard, the ‘danger is that, with an expanding audience and an increased popularity
with collectors, the artist’s book will fall back into its edition de luxe or coffee table
origin … transformed into glossy, pricey products.’ For Lippard there is a discrepancy
between the characteristics of the medium which had the potential to break down
walls, and the actual content and form of most artists’ books which was highly
experimental and avant-garde, and thus inaccessible to readers/consumers outside of
the art world. 28
PROCESSES OF INCORPORATION AND COMMERCIALISATION
Interestingly, Carrión was one of the sharpest critics of the idea that artists’ books
should be somehow able to subvert the gallery system. In his ‘Bookworks Revisited’,
he showed how the hope surrounding this supposedly revolutionary potential of the
book as a medium was based on a gross misunderstanding of the mechanisms
underlying the art world. In particular, Carrión attacked the idea that the artist’s book
28
Lippard, ‘The Artist’s Book Goes Public’ pp47-48.
14
could do without any intermediaries. Instead of circumventing the gallery system, he
saw book artists as merely adopting an alternative set of intermediaries, namely book
publishers and critics. 29
Ten years later Stewart Cauley updated Carrión’s criticisms, arguing that as an art
form and medium, the artist’s book had not been able to avoid market mechanisms
and the celebrity cult of the art system. In fact, by the end of the 1980s the field of
artists’ publications had lost most of its experimental impetus and had become
something of an institution itself, imitating the gallery and museum system it was
initially designed to subvert. 30 Those interested in artists’ books initially found it
difficult to set up an alternative system, as they had to manage without organized
distribution, review mechanisms or funding schemes. When they were eventually able
to do so in the 1970s, the resulting structures in many ways mirrored the very
institutions they were supposed to be criticizing and providing an alternative to.31
Cauley points the finger of blame at the book community itself, especially at the fact
that artists at the time focused more on the concept and structure of the book than on
using the book form to make any kind of critical political statement. The idea that
artists’ books were disconnected from mainstream institutional systems has also been
debunked as a myth. As Drucker makes clear, many artists’ books were developed in
cooperation with museums or galleries, where they were perceived not as subversive
artefacts but rather as low-cost tools for gathering additional publicity for those
institutions and their activities. 32
29
Carrión, ‘Bookworks Revisited’; Johanna Drucker, ‘Artists’ Books and the Cultural Status
of the Book’, Journal of Communication, 44 (1994).
30
Stewart Cauley, ‘Bookworks for the ’90s’, Afterimage, 25, 6, May/June (1998).
31
Stefan Klima, Artists Books: A Critical Survey of the Literature, Granary Books, New
York, 1998, pp54-60.
32
Drucker, The Century of Artists’ Books, p78.
15
Following Abigail Solomon-Godeau, this process of commercialisation and
incorporation – or, as she calls it, ‘the near-total assimilation’ of art practice
(Solomon-Godeau focuses specifically on postmodern photography) and critique into
the discourses it professed to challenge – can be positioned as part of a general
tendency in conceptual and postmodern ‘critical art practices’. It is a development that
can be connected to the changing art markets of the time and viewed in terms of a
broader social and cultural shift to Reaganomics. For Solomon-Godeau, however, the
problem lay not only in changes to the art market, but in critical art practices and art
critique too, which in many ways were not robust enough to keep on reinventing
themselves. Nonetheless, even if they have become incorporated into the art market
and the commodity system, Solomon-Godeau argues that it is still possible for art
practices and institutional critiques to develop some (new) forms of sustainable
challenge from within these systems. As far as she is concerned, ‘a position of
resistance can never be established once and for all, but must be perpetually
refashioned and renewed to address adequately those shifting conditions and
circumstances that are its ground.’ 33
THE PROMISE OF OPEN ACCESS
At first sight many of the changes that have occurred recently in the world of
academic book publishing seem to resemble those charted above with respect to the
artist’s book. As was the case with the publishing of artists’ books, digital publishing
has provided interested parties with an opportunity to counter the existing
33
Abigail Solomon-Godeau, ‘Living with Contradictions: Critical Practices in the Age of
Supply-Side Aesthetics’, Social Text, 21 (1989).
16
(publishing) system and its institutions, to experiment with using contemporary and
emergent media to publish (in this case academic) books in new ways and forms, and
in the process to challenge established ideas of the printed codex book, together with
the material practices of production, distribution and consumption that surround it.
This has resulted in a new wave of scholar-led publishing initiatives in academia, both
formal (with scholars either becoming publishers themselves, or setting up crossinstitutional publishing infrastructures with libraries, IT departments and research
groups) and informal (using self-publishing and social media platforms such as blogs
and wikis). 34 The phenomenon of open access book publishing can be located within
this broader context – a context which, it is worth noting, also includes the closing of
many book shops due to fierce rivalry from the large supermarkets at one end of the
market, and online e-book traders such as Amazon at the other; the fact that the major
high-street book chains are increasingly loath to take academic titles - not just
journals but books too; and the handing over (either in part or in whole) to for-profit
corporations of many publishing organisations designed to serve charitable aims and
the public good: scholarly associations, learned societies, university presses, nonprofit and not-for-profit publishers.
From the early 1990s onwards, open access was pioneered and developed most
extensively in the science, technology, engineering and mathematics (STEM) fields,
where much of the attention was focused on the online self-archiving by scholars of
pre-publication (i.e. pre-print) versions of their research papers in central, subject or
institutionally-based repositories. This is known as the Green Road to open access, as
34
See, for example, Janneke Adema and Birgit Schmidt, ‘From Service Providers to Content
Producers: New Opportunities For Libraries in Collaborative Open Access Book Publishing’,
New Review of Academic Librarianship, 16 (2010).
17
distinct from the Gold Road, which refers to the publishing of articles in online, open
access journals. Of particular interest in this respect is the philosophy that lies behind
the rise of the open access movement, as it can be seen to share a number of
characteristics with the thinking behind artists’ books discussed earlier. The former
was primarily an initiative established by academic researchers, librarians, managers
and administrators, who had concluded that the traditional publishing system – thanks
in no small part to the rapid (and, as we shall see, ongoing) process of aggressive forprofit commercialisation it was experiencing – was no longer willing or able to meet
all of their communication needs. Accordingly, those behind this initiative wanted to
take advantage of the opportunities they saw as being presented by the new digital
publishing and distribution mechanisms to make research more widely and easily
available in a far faster, cheaper and more efficient manner than was offered by
conventional print-on-paper academic publishing. They had various motivations for
doing so. These include wanting to extend the circulation of research to all those who
were interested in it, rather than restricting access to merely those who could afford to
pay for it in the form of journal subscriptions, etc; 35 and a desire to promote the
emergence of a global information commons, and, through this, help to produce a
renewed democratic public sphere of the kind Jürgen Habermas propounds. From the
latter point of view (as distinct from the more radical democratic philosophy we
proceed to develop in what follows), open access was seen as working toward the
creation of a healthy liberal democracy, through its alleged breaking down of the
barriers between the academic community and the rest of society, and its perceived
consequent ability to supply the public with the information they need to make
knowledgeable decisions and actively contribute to political debate. Without doubt,
35
John Willinsky, The Access Principle: The Case for Open Access to Research and
Scholarship, Cambridge, Mass., The MIT Press, 2009, p5.
18
though, another motivating factor behind the development of open access was a desire
on the part of some of those involved to enhance the transparency, accountability,
discoverability, usability, efficiency and (cost) effectivity not just of scholarship and
research but of higher education itself. From the latter perspective (and as can again
be distinguished from the radical open access philosophy advocated below), making
research available on an open access basis was regarded by many as a means of
promoting and stimulating the neoliberal knowledge economy both nationally and
internationally. Open access is supposed to achieve these goals by making it easier for
business and industry to capitalise on academic knowledge - companies can build new
businesses based on its use and exploitation, for example - thus increasing the impact
of higher education on society and helping the UK, Europe and the West (and North)
to be more competitive globally. 36
To date, the open access movement has progressed much further toward its goal of
making all journal articles available open access than it has toward making all
academic books available in this fashion. There are a number of reasons why this is
the case. First, since the open access movement was developed and promoted most
extensively in the STEMs, it has tended to concentrate on the most valued mode of
publication in those fields: the peer-reviewed journal article. Interestingly, the recent
36
Gary Hall, Digitize This Book! The Politics of New Media, or Why We Need Open Access
Now, Minneapolis, University of Minnesota Press, 2008; Janneke Adema, Open Access
Business Models for Books in the Humanities and Social Sciences: An Overview of Initiatives
and Experiments, OAPEN Project Report, Amsterdam, 2010. David Willetts, the UK Science
Minister, is currently promoting ‘author-pays’ open access for just these reasons. See David
Willetts, ‘Public Access to Publicly-Funded Research’, BIS: Department for Business,
Innovation and Skills, May 2, 2012: https://www.gov.uk/government/speeches/public-accessto-publicly-funded-research--2
19
arguments around the ‘Academic Spring’ and ‘feral’ publishers such as Informa plc
are no exception to this general rule. 37
Second, restrictions to making research available open access associated with
publishers’ copyright and licensing agreements can in most cases be legally
circumvented when it comes to journal articles. If all other options fail, authors can
self-archive a pre-refereed pre-print of their article in a central, subject or
institutionally-based repository such as PubMed Central. However, it is not so easy to
elude such restrictions when it comes to the publication of academic books. In the
latter case, since the author is often paid royalties in exchange for their text, copyright
tends to be transferred by the author to the publisher. The text remains the intellectual
property of the author, but the exclusive right to put copies of that text up for sale, or
give them away for free, then rests with the publisher. 38
Another reason the open access movement has focused on journal articles is because
of the expense involved in publishing books in this fashion, since one of the main
models of funding open access in the STEMs, author-side fees, 39 is not easily
transferable either to book publishing or to the Humanities and Social Sciences
(HSS). In contrast to the STMs, the HSS feature a large number of disciplines in
which it is books (monographs in particular) published with esteemed international
37
David Harvie, Geoff Lightfoot, Simon Lilley and Kenneth Weir, ‘What Are We To Do
With Feral Publishers?’, submitted for publication in Organization, and accessible through
the Leicester Research Archive: http://hdl.handle.net/2381/9689.
38
See the Budapest Open Access Initiative, ‘Self-Archiving FAQ, written for the Budapest
Open Access Initiative (BOAI)’, 2002-4: http://www.eprints.org/self-faq/.
39
Although ‘author-pays’ is often positioned as the main model of funding open access
publication in the STEMs, a lot of research has disputed this fact. See, for example, Stuart
Shieber, ‘What Percentage of Open-Access Journals Charge Publication Fees’, The
Occasional Pamphlet on Scholarly Publishing, May 9, 2009:
http://blogs.law.harvard.edu/pamphlet/2009/05/29/what-percentage-of-open-access-journalscharge-publication-fees/.
20
presses, rather than articles in high-ranking journals, that are considered as the most
significant and valued means of scholarly communication. Authors in many fields in
the HSS are simply not accustomed to paying to have their work published. What is
more, many authors associate doing so with vanity publishing. 40 They are also less
likely to acquire the grants from either funding bodies or their institutions that are
needed to cover the cost of publishing ‘author-pays’. That the HSS in many Western
countries receive only a fraction of the amount of government funding the STEMs do
only compounds the problem, 41 as does the fact that higher rejection rates in the HSS,
as compared to the STEMs, mean that any grants would have to be significantly
larger, as the time spent on reviewing articles, and hence the amount of human labour
used, makes it a much more intensive process. 42 And that is just to publish journal
articles. Publishing books on an author-pays basis would be more expensive still.
Yet even though the open access movement initially focused more on journal articles
than on monographs, things have begun to change in this respect in recent years.
Undoubtedly, one of the major factors behind this change has been the fact that the
40
Maria Bonn, ‘Free Exchange of Ideas: Experimenting with the Open Access Monograph’,
College and Research Libraries News, 71, 8, September (2010) pp436-439:
http://crln.acrl.org/content/71/8/436.full.
41
Patrick Alexander, director of the Pennsylvania State University Press, provides the
following example: ‘Open Access STEM publishing is often funded with tax-payer dollars,
with publication costs built into researchers’ grant request… the proposed NIH budget for
2013 is $31 billion. NSF’s request for 2013 is around $7.3 billion. Compare those amounts to
the NEH ($154 million) and NEA ($154 million) and you can get a feel for why researchers
in the the arts and humanities face challenges in funding their publication costs.’ (Adeline
Koh, ‘Is Open Access a Moral or a Business Issue? A Conversation with The Pennsylvania
State University Press, The Chronicle of Higher Education, July 10, 2012:
http://chronicle.com/blogs/profhacker/is-open-access-a-moral-or-a-business-issue-aconversation-with-the-pennsylvania-state-university-press/41267)
42
See Mary Waltham’s 2009 report for the National Humanities Alliance, ‘The Future of
Scholarly Journals Publishing among Social Sciences and Humanities Associations’:
http://www.nhalliance.org/research/scholarly_communication/index.shtml; and Peter Suber,
‘Promoting Open Access in the Humanities’, 2004:
http://www.earlham.edu/~peters/writing/apa.htm. ‘On average, humanities journals have
higher rejection rates (70-90%) than STEM journals (20-40%)’, Suber writes.
21
publication of books on an open access basis has been perceived as one possible
answer to the ‘monograph crisis’. This phrase refers to the way in which the already
feeble sustainability of the print monograph is being endangered even further by the
ever-declining sales of academic books. 43 It is a situation that has in turn been brought
about by ‘the so-called “serials crisis”, a term used to designate the vertiginous rise of
the subscription to STEM journals since the mid-80s which… strangled libraries and
led to fewer and fewer purchases of books/monographs.’ 44 This drop in library
demand for monographs has led many presses to produce smaller print runs; focus on
more commercial, marketable titles; or even move away from monographs to
concentrate on text books, readers, and reference works instead. In short, conventional
academic publishers are now having to make decisions about what to publish more on
the basis of the market and a given text’s potential value as a commodity, and less on
the basis of its quality as a piece of scholarship. This last factor is making it difficult
for early career academics to publish the kind of research-led monographs that are
often needed to acquire that all important first full-time position. This in turn means
the HSS is, in effect, allowing publishers to make decisions on its future and on who
gets to have a long-term career on an economic basis, according to the needs of the
market – or what they believe those needs to be. But it is also making it hard for
43
Greco and Wharton estimate that the average number of library purchases of monographs
has dropped from 1500 in the 1970s to 200-300 at present. Thompson estimates that print
runs and sales have declined from 2000-3000 (print runs and sales) in the 1970s to print runs
of between 600-1000 and sales of between 400-500 nowadays. Albert N. Greco and Robert
Michael Wharton, ‘Should University Presses Adopt an Open Access [electronic publishing]
Business Model for all of their Scholarly Books?’, ELPUB. Open Scholarship: Authority,
Community, and Sustainability in the Age of Web 2.0 – Proceedings of the 12th
International Conference on Electronic Publishing held in Toronto, Canada 25-27 June
2008; John B. Thompson, Books in the Digital Age: The Transformation of Academic and
Higher Education Publishing in Britain and the United States, Cambridge, Polity Press, 2005.
44
Jean Kempf, ‘Social Sciences and Humanities Publishing and the Digital “Revolution”’
unpublished manuscript, 2010: http://perso.univlyon2.fr/~jkempf/Digital_SHS_Publishing.pdf; Thompson, Books in the Digital Age, pp. 9394.
22
authors in the HSS generally to publish monographs that are perceived as being
difficult, advanced, specialized, obscure, radical, experimental or avant-garde - a
situation reminiscent of the earlier state of events which led to the rise of artists’
books, with the latter emerging in the context of a perceived lack of exhibition space
for experimental and critical (conceptual) work within mainstream commercial
galleries.
Partly in response to this ‘monograph crisis’, a steadily increasing number of
initiatives have now been set up to enable authors in the HSS in particular to bring out
books open access – not just introductions, reference works and text books, but
research monographs and edited collections too. These initiatives include scholar-led
presses such as Open Humanities Press, re.press, and Open Book Publishers;
commercial presses such as Bloomsbury Academic; university presses, including
ANU E Press and Firenze University Press; and presses established by or working
with libraries, such as Athabasca University’s AU Press. 45
Yet important though the widespread aspiration amongst academics, librarians and
presses to find a solution to the monograph crisis has been, the reasons behind the
development of open access book publishing in the HSS are actually a lot more
diverse than is often suggested. For instance, to the previously detailed motivating
factors that inspired the rise of the open access movement can be added the desire,
shared by many scholars, to increase accessibility to (specialized) HSS research, with
a view to heightening its reputation, influence, impact and esteem. This is seen as
45
A list of publishers experimenting with business models for OA books is available at:
http://oad.simmons.edu/oadwiki/Publishers_of_OA_books. See also Adema, Open Access
Business Models.
23
being especially significant at a time when the UK government, to take just one
example, is emphasizing the importance of the STEMs while withdrawing support
and funding for the HSS. Many scholars in the HSS are thus now willing to stand up
against, and even offer a counter-institutional alternative to, the large, established,
profit-led, commercial firms that have come to dominate academic publishing – and,
in so doing, liberate the long-form argument from market constraints through the
ability to publish books that often lack a clear commercial market.
TWO STRATEGIES: ACCESSIBILITY AND EXPERIMENTATION
That said, all of these reasons and motivating factors behind the recent changes in
publishing models are still very much focused on making more scholarly research
more accessible. Yet for at least some of those involved in the creation and
dissemination of open access books, doing so also constitutes an important stage in
the development of what might be considered more ‘experimental’ forms of research
and publication; forms for which commercial and heavily print-based systems of
production and distribution have barely provided space. Such academic experiments
are thus perhaps capable of adopting a role akin to, if not the exact equivalent of, that
we identified artists’ books as having played in the countercultural context of the
1960s and 1970s: in terms of questioning the concept and material form of the book;
promoting alternative ways of reading and communicating via books; and
interrogating modern, romantic notions of authorship. We are thinking in particular of
projects that employ open peer-review procedures (such as Kathleen Fitzpatrick’s
Planned Obsolescence, which uses the CommentPress Wordpress plugin to enable
comments to appear alongside the main body of the text), wikis (e.g. Open
24
Humanities Press’ two series of Liquid and Living Books) and blogs (such as those
created using the Anthologize app developed at George Mason University). 46 These
enable varying degrees of what Peter Suber calls ‘author-side openness’ when it
comes to reviewing, editing, changing, updating and re-using content, including
creating derivative works. Such practices pose a conceptual challenge to some of the
more limited interpretations of open access (what has at times been dubbed ‘weak
open access’), 47 and can on occasion even constitute a radical test of the integrity and
identity of a given work, not least by enabling different versions to exist
simultaneously. In an academic context this raises questions of both a practical and
theoretical nature that have the potential to open up a space for reimagining what
counts as scholarship and research, and of how it can be responded to and accessed:
not just which version of a work is to be cited and preserved, and who is to have
ultimate responsibility for the text and its content; but also what an author, a text, and
a work actually is, and where any authority and stability that might be associated with
such concepts can now be said to reside.
It is interesting then that, although they can be positioned as constituting two of the
major driving forces behind the recent upsurge in the current interest in open access
book publishing, as ‘projects’, the at times more obviously or overtly ‘political’ (be it
liberal-democratic, neoliberal or otherwise) project of using digital media and the
Internet to create wider access to book-based research on the one hand, and
experimenting—as part of the more conceptual, experimental aspects of open access
book publishing—with the form of the book (a combination of which we identified as
46
See http://mediacommons.futureofthebook.org/mcpress/plannedobsolescence;
http://liquidbooks.pbwiki.com/; http://www.livingbooksaboutlife.org/; http://anthologize.org/.
47
See Peter Suber, SPARC OA newsletter, issue 155, March 2, 2011:
http://www.earlham.edu/~peters/fos/newsletter/03-02-11.htm
25
being essential components of the experimental and political potential of artists’
books) and the way our dominant system of scholarly communication currently
operates on the other, often seem to be rather disconnected. Again, a useful
comparison can be made to the situation described by Lippard, where more
(conceptually or materially) experimental artists’ books were seen as being less
accessible to a broader public and, in some cases, as going against the strategy of
democratic multiples, promoting exclusivity instead.
It is certainly the case that, in order to further the promotion of open access and
achieve higher rates of adoption and compliance among the academic community, a
number of strategic alliances have been forged between the various proponents of the
open access movement. Some of these alliances (those associated with Green open
access, for instance) have taken making the majority if not indeed all of the research
accessible online without a paywall (Gratis open access) 48 as their priority, perhaps
with the intention of moving on to the exploration of other possibilities, including
those concerned with experimenting with the form of the book, once critical mass has
been attained – but perhaps not. Hence Stevan Harnad’s insistence that ‘it’s time to
stop letting the best get in the way of the better: Let’s forget about Libre and Gold OA
until we have managed to mandate Green Gratis OA universally.’ 49 Although they
cannot be simply contrasted and opposed to the former (often featuring many of the
same participants), other strategic alliances have focused more on gaining the trust of
the academic community. Accordingly, they have prioritized allaying many of the
48
For an overview of the development of these terms, see:
http://www.arl.org/sparc/publications/articles/gratisandlibre.shtml
49
Stevan Harnad, Open Access: Gratis and Libre, Open Access Archivangelism,
Thursday, May 3, 2012.
26
anxieties with regard to open access publications – including concerns regarding their
quality, stability, authority, sustainability and status with regard to publishers’
copyright licenses and agreements – that have been generated as a result of the
transition toward the digital mode of reproduction and distribution. More often than
not, such alliances have endeavoured to do so by replicating in an online context
many of the scholarly practices associated with the world of print-on-paper
publishing. Witness the way in which the majority of open access book publishers
continue to employ more or less the same quality control procedures, preservation
structures and textual forms as their print counterparts: pre-publication peer review
conducted by scholars who have already established their reputations in the paper
world; preservation carried out by academic libraries; monographs consisting of
numbered pages and chapters arranged in a linear, sequential order and narrative, and
so on. As Sigi Jöttkandt puts it with regard to the strategy of Open Humanities Press
in this respect:
We’re intending OHP as a tangible demonstration to our still generally
sceptical colleagues in the humanities that there is no reason why OA
publishing cannot have the same professional standards as print. We aim to
show that OA is not only academically credible but is in fact being actively
advanced by leading figures in our fields, as evidenced by our editorial
advisory board. Our hope is that OHP will contribute to OA rapidly becoming
standard practice for scholarly publishing in the humanities. 50
50
Sigi Jöttkandt, 'No-fee OA Journals in the Humanities, Three Case Studies: A Presentation
by Open Humanities Press', presented at the Berlin 5 Open Access Conference: From Practice
to Impact: Consequences of Knowledge Dissemination, Padua, September 19, 2007:
http://openhumanitiespress.org/Jottkandt-Berlin5.pdf
27
Relatively few open access publishers, however, have displayed much interest in
combining such an emphasis on achieving universal, free, online access to research
and/or the gaining of trust, with a rigorous critical exploration of the form of the book
itself. 51 And this despite the fact that the ability to re-use material is actually an
essential feature of what has become known as the Budapest-Bethesda-Berlin (BBB)
definition of open access, which is one of the major agreements underlying the
movement. 52 It therefore seems significant that, of the books presently available open
access, only a minority have a license where price and permission barriers to research
are removed, with the result that the research is available under both Gratis and Libre
(re-use) conditions. 53
REIMAGINING THE BOOK, OR RADICAL OPEN ACCESS
Admittedly, there are many in the open access community who regard the more
radical experiments conducted with and on books as highly detrimental to the
strategies of large-scale accessibility and trust respectively. From this perspective,
efforts designed to make open access material available for others to (re)use, copy,
51
Open Humanities Press (http://openhumanitiespress.org/) and Media Commons Press
(http://mediacommons.futureofthebook.org/mcpress/) remain the most notable exceptions on
the formal side of the publishing scale, the majority of experiments with the form of the book
taking place in the informal sphere (e.g. blogbooks self-published by Anthologize, and
crowd-sourced, ‘sprint’ generated books such as Dan Cohen and Tom Scheinfeldt’s Hacking
the Academy: http://hackingtheacademy.org/).
52
See Peter Suber on the BBB definition here:
http://www.earlham.edu/~peters/fos/newsletter/09-02-04.htm, where he also states that two
of the three BBB component definitions (the Bethesda and Berlin statements) require
removing barriers to derivative works.
53
An examination of the licenses used on two of the largest open access book publishing
platforms or directories to date, the OAPEN (Open Access Publishing in Academic
Networks) platform and the DOAB (Directory of Open Access Books), reveals that on the
OAPEN platform (accessed May 6th 2012) 2 of the 966 books are licensed with a CC-BY
license, and 153 with a CC-BY-NC license (which still restricts commercial re-use). On the
DOAB (accessed May 6th 2012) 5 of the 778 books are licensed with a CC-BY license, 215
with CC-BY-NC.
28
reproduce and distribute in any medium, as well as make and distribute derivative
works, coupled with experiments with the form of the book, are seen as being very
much secondary objectives (and even by some as unnecessarily complicating and
diluting open access’s primary goal of making all of the research accessible online
without a paywall). 54 And, indeed, although in many of the more formal open access
definitions (including the important Bethesda and Berlin definitions of open access,
which require removing barriers to derivative works), the right to re-use and reappropriate a scholarly work is acknowledged and recommended, in both theory and
practice a difference between ‘author-side openness’ and ‘reader-side openness’ tends
to be upheld—leaving not much space for the ‘readerly interventions’ that were so
important in opening up the kind of possibilities for ‘reading against the grain’ that
the artist’s book promoted, something we feel (open access) scholarly works should
also strive to encourage and support. 55 This is especially the case with regard to the
publication of books, where a more conservative vision frequently holds sway. For
instance, it is intriguing that in an era in which online texts are generally connected to
a network of other information, data and mobile media environments, the open access
book should for the most part still find itself presented as having definite limits and a
clear, distinct materiality.
But if the ability to re-use material is an essential feature of open access – as, let us
repeat, it is according to the Budapest-Bethesda-Berlin and many of other influential
definitions of the term – then is working toward making all of the research accessible
54
See, for example, Stevan Harnad, Open Access: Gratis and Libre, Open Access
Archivangelism, Thursday, May 3, 2012.
55
For more on author-side and reader-side openness respectively, see Peter Suber, SPARC
OA newsletter: http://www.earlham.edu/~peters/fos/newsletter/03-02-11.htm
29
online on a Gratis basis and/or gaining the trust of the academic community the best
way for the open access movement (including open access book publishing) to
proceed, always and everywhere? If we do indeed wait until we have gained a critical
mass of open access content before taking advantage of the chance the shift from
analogue to digital creates, might it not by then be too late? Does this shift not offer
us the opportunity, through its loosening of much of the stability, authority, and
‘fixity’ of texts, to rethink scholarly publishing, and in the process raise the kind of
fundamental questions for our ideas of authorship, authority, legitimacy, originality,
permanence, copyright, and with them the text and the book, that we really should
have been raising all along? If we miss this opportunity, might we not find ourselves
in a similar situation to that many book artists and publishers have been in since the
1970s, namely, that of merely reiterating and reinforcing established structures and
practices?
Granted, following a Libre open access strategy may on occasion risk coming into
conflict with those more commonly accepted and approved open access strategies (i.e.
those concerned with achieving accessibility and the gaining of trust on a large-scale).
Nevertheless, should open access advocates on occasion not be more open to adopting
and promoting forms of open access that are designed to make material available for
others to (re)use, copy, reproduce, distribute, transmit, translate, modify, remix and
build upon? In particular, should they not be more open to doing so right here, right
now, before things begin to settle down and solidify again and we arrive at a situation
where we have succeeded merely in pushing the movement even further toward rather
weak, watered-down and commercial versions of open access?
30
CONCLUSION
We began by looking at how, in an art world context, the idea and form of the book
have been used to engage critically many of the established cultural institutions, along
with some of the underlying philosophies that inform them. Of particular interest in
this respect is the way in which, with the rise of offset printing and cheaper
production methods and printing techniques in the 1960s, there was a corresponding
increase in access to the means of production and distribution of books. This in turn
led to the emergence of new possibilities and roles that the book could be put to in an
art context, which included democratizing art and critiquing the status quo of the
gallery system. But these changes to the materiality and distribution of the codex
book in particular – as an artistic product as well as a medium – were integrally linked
with questions concerning the nature of both art and the book as such. Book artists
and theorists thus became more and more engaged in the conceptual and practical
exploration of the materiality of the book. In the end, however, the promise of
technological innovation which underpinned the changes with respect to the
production and distribution of artists’ books in the 1960s and 1970s was not enough
to generate any kind of sustainable (albeit repeatedly reviewed, refashioned and
renewed) challenge within the art world over the longer term.
The artist’s book of the 1960s and 1970s therefore clearly had the potential to bring
about a degree of transformation, yet it was unable to elude the cultural practices,
institutions and the market mechanisms that enveloped it for long (including those
developments in financialisation and the art market Solomon-Godeau connects to the
shift to Reaganomics). Consequently, instead of criticising or subverting the
31
established systems of publication and distribution, the artist’s book ended up being
largely integrated into them. 56 Throughout the course of this article we have argued
that its conceptual and material promise notwithstanding, there is a danger of
something similar happening to open access publishing today. Take the way open
access has increasingly come to be adopted by commercial publishers. If one of the
motivating factors behind at least some aspects of the open access movement – not
just the aforementioned open access book publishers in the HSS, but the likes of
PLoS, too – has been to stand up against, and even offer an alternative to, the large,
profit-led firms that have come to dominate the field of academic publishing, recent
years have seen many such commercial publishers experimenting with open access
themselves, even if such experiments have so far been confined largely to journals.57
Most commonly, this situation has resulted in the trialling of ‘author-side’ fees for the
open access publishing of journals, a strategy seen as protecting the interests of the
established publishers, and one which has recently found support in the Finch Report
from a group of representatives of the research, library and publishing communities
convened by David Willetts, the UK Science Minister. 58 But the idea that open access
56
That said, there is currently something of a revival of print, craft and artist's book
publishing taking place in which the paperbound book is being re-imagined in offline
environments. In this post-digital print culture, paper publishing is being used as a new form
of avant-garde social networking that, thanks to its analog nature, is not so easily controlled
by the digital data-gathering commercial hegemonies of Google, Amazon, Facebook et al. For
more, see Alessandro Ludovico, Post-Digital Print - the Mutation of Publishing Since 1984,
Onomatopee, 2012; and Florian Cramer, `Post-Digital Writing', Electronic Book Review,
December, 2012: http://electronicbookreview.com/thread/electropoetics/postal.
57
For more details, see Wilhelm Peekhaus, ‘The Enclosure and Alienation of Academic
Publishing: Lessons for the Professoriate’, tripleC, 10(2), 2012: http://www.triplec.at/index.php/tripleC/article/view/395
58
‘Accessibility, Sustainability, Excellence: How to Expand Access to Research Publications,
Report of the Working Group on Expanding Access to Published Research Findings’, June
18, 2012: http://www.researchinfonet.org/wp-content/uploads/2012/06/Finch-Group-reportFINAL-VERSION.pdf. For one overview of some of the problems that can be identified from
an HSS perspective in the policy direction adopted by Finch and Willetts, see Lucinda
Matthews-Jones, ‘Open Access and the Future of Academic Journals’, Journal of Victorian
Culture Online, November 21, 2012: http://myblogs.informa.com/jvc/2012/11/21/openaccess-and-the-future-of-academic-journals/
32
may represent a commercially viable publishing model has attracted a large amount of
so-called predatory publishers, too, 59 who (like Finch and Willetts) have propagated a
number of misleading and often quite mistaken accounts of open access. 60 The
question is thus raised as to whether the desire to offer a counter-institutional
alternative to the large, established, commercial firms is likely to become somewhat
marginalised and neutralised as a result of open access publishing being seen more
and more by such commercial publishers as just another means of generating a profit.
Will the economic as well as material practices transferred from the printing press
continue to inform and shape our communication systems? As Nick Knouf argues, to
raise this question, ‘is not to damn open access publishing by any means; rather, it is
to say that open access publishing, without a concurrent interrogation of the economic
underpinnings of the scholarly communication system, will only reform the situation
rather than provide a radical alternative.’ 61
With this idea of providing a radical challenge to the current scholarly communication
system in mind, and drawing once again on the brief history of artists’ books as
presented above, might it not be helpful to think of open access less as a project and
model to be implemented, and more as a process of continuous struggle and critical
resistance? Here an analogy can be drawn with the idea of democracy as a process. In
‘Historical Dilemmas of Democracy and Their Contemporary Relevance for
Citizenship’, the political philosopher Etiènne Balibar develops an interesting analysis
of democracy based on a concept of the ‘democratisation of democracy’ he derives
59
For a list of predatory OA publishers see: http://scholarlyoa.com/publishers/
This list has increased from 23 predatory publishers in 2011, to 225 in 2012.
60
See the reference to the research of Peter Murray Rust in Sigi Jöttkandt, ‘No-fee OA
Journals in the Humanities’.
61
Nicholas Knouf, ‘The JJPS Extension: Presenting Academic Performance Information’,
Journal of Journal Performance Studies, 1 (2010).
33
from a reading of Hannah Arendt and Jacques Rancière. For Balibar, the problem
with much of the discourse surrounding democracy is that it perceives the latter as a
model that can be implemented in different contexts (in China or the Middle East, for
instance). He sees discourses of this kind as running two risks in particular. First of
all, in conceptualizing democracy as a model there is a danger of it becoming a
homogenizing force, masking differences and inequalities. Second, when positioned
as a model or a project, democracy also runs the risk of becoming a dominating force
– yet another political regime that takes control and power. According to Balibar, a
more interesting and radical notion of democracy involves focusing on the process of
the democratisation of democracy itself, thus turning democracy into a form of
continuous struggle (or struggles) – or, perhaps better, continuous critical selfreflection. Democracy here is not an established reality, then, nor is it a mere ideal; it
is rather a permanent struggle for democratisation. 62
Can open access be understood in similar terms: less as a homogeneous project
striving to become a dominating model or force, and more as an ongoing critical
struggle, or series of struggles? And can we perhaps locate what some perceive as the
failure of artists’ books to contribute significantly to such a critical struggle after the
1970s to the fact that ultimately they became (incorporated in) dominant institutional
settings themselves – a state of affairs brought about in part by their inability to
address issues of access, experimentation and self-reflexivity in an ongoing critical
manner?
62
Etienne Balibar, ‘Historical Dilemmas of Democracy and Their Contemporary Relevance
for Citizenship’, Rethinking Marxism, 20 (2008).
34
Certainly, one of the advantages of conceptualizing open access as a process of
struggle rather than as a model to be implemented would be that doing so would
create more space for radically different, conflicting, even incommensurable positions
within the larger movement, including those that are concerned with experimenting
critically with the form of the book and the way our system of scholarly
communication currently operates. As we have shown, such radical differences are
often played down in the interests of strategy. To be sure, open access can experience
what Richard Poynder refers to as a ‘bad tempered wrangles’ over relatively ‘minor
issues’ such as ‘metadata, copyright, and distributed versus central archives’. 63 Still,
much of the emphasis has been on the importance of trying to maintain a more or less
unified front (within certain limits, of course) in the face of criticisms from
publishers, governments, lobbyists and so forth, lest its opponents be provided with
further ammunition with which to attack the open access movement, and dilute or
misinterpret its message, or otherwise distract advocates from what they are all
supposed to agree are the main tasks at hand (e.g. achieving universal, free, online
access to research and/or the gaining of trust). Yet it is important not to see the
presence of such differences and conflicts within the open access movement in purely
negative terms – the way they are often perceived by those working in the liberal
tradition, with its ‘rationalist belief in the availability of a universal consensus based
on reason’. 64 (This emphasis on the ‘universal’ is also apparent in fantasies of having
not just universal open access, but one single, fully integrated and indexed global
archive.) In fact if, as we have seen, one of the impulses behind open access is to
make knowledge and research – and with it society – more open and democratic, it
63
Richard Poynder, ‘Time to Walk the Walk’, Open and Shut?, 17 March, 2005:
http://poynder.blogspot.com/2005/03/time-to-walk-talk.html.
64
Chantal Mouffe, On the Political, London, Routledge, 2005, p11.
35
can be argued that the existence of such dissensus will help achieve this ambition.
After all, and as we know from another political philosopher, Chantal Mouffe, far
from placing democracy at risk, a certain degree of conflict and antagonism actually
constitutes the very possibility of democracy. 65 It seems to us that such a critical, selfreflexive, processual, non-goal oriented way of thinking about academic publishing
shares much with the mode of working of the artist - which is why we have argued
that open access today can draw productively on the kind of conceptual openness and
political energy that characterised experimentation with the medium of the book in
the art world of the 1960s and 1970s.
65
Mouffe, On the Political, p30.
36
Bodo
A Short History of the Russian Digital Shadow Libraries
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A short history of the Russian digital shadow libraries
Balazs Bodo, Institute for Information Law, University of Amsterdam
“What I see as a consequence of the free educational book distribution: in decades generations of people
everywhere in the World will grow with the access to the best explained scientific texts of all times.
[…]The quality and accessibility of education to poors will drastically grow too. Frankly, I'm seeing this as
the only way to naturally improve mankind: by breeding people with all the information given to them at
any time.” – Anonymous admin of Aleph, explaining the reason d’étre of the site
Abstract
RuNet, the Russian segment of the internet is now the home of the most comprehensive scientific pirate
libraries on the net. These sites offer free access to hundreds of thousands of books and millions of
journal articles. In this contribution we try to understand the factors that led to the development of
these sites, and the sociocultural and legal conditions that enable them to operate under hostile legal
and political conditions. Through the reconstruction of the micro-histories of peer produced online text
collections that played a central role in the history of RuNet, we are able to link the formal and informal
support for these sites to the specific conditions developed under the Soviet and post Soviet times.
(pirate) libraries on the net
The digitization and collection of texts was one of the very first activities enabled by computers. Project
Gutenberg, the first in line of digital libraries was established as early as 1971. By the early nineties, a
number of online electronic text archives emerged, all hoping to finally realize the dream that was
chased by humans every since the first library: the collection of everything (Battles, 2004), the Memex
(Bush, 1945), the Mundaneum (Rieusset-Lemarié, 1997), the Library of Babel (Borges, 1998). It did not
take long to realize that the dream was still beyond reach: the information storage and retrieval
technology might have been ready, but copyright law, for the foreseeable future was not. Copyright
protection and enforcement slowly became one of the most crucial issues around digital technologies.
1
Electronic copy available at: http://ssrn.com/abstract=2616631
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And as that happened, the texts, which were archived without authorization were purged from the
budding digital collections. Those that survived complete deletion were moved into the dark, locked
down sections of digital libraries that sometimes still lurk behind the law-abiding public façades. Hopes
for a universal digital library can be built was lost in just a few short years as those who tried it (such as
Google or Hathitrust) got bogged down in endless court battles.
There are unauthorized texts collections circulating on channels less susceptible to enforcement, such as
DVDs, torrents, or IRC channels. But the technical conditions of these distribution channels do not enable
the development of a library. Two of the most essential attributes of any proper library: the catalogue
and the community are hard to provide on such channels. The catalog doesn’t 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 organization of the community of “librarians” who preserve and nourish the
collection. The catalog is what distinguishes an unstructured heap of computer files from a wellmaintained library, but it is the same catalog, which makes shadow libraries, unauthorized texts
collections an easy target of law enforcement. Those few digital online libraries that dare to provide
unauthorized access to texts in an organized manner, such as textz.org, a*.org, monoskop or Gigapedia/
library.nu, all had their bad experiences with law enforcement and rights holder dismay.
Of these pirate libraries, Gigapedia—later called Library.nu—was the largest at the turn of the 2010’s. At
its peak, it was several orders of magnitudes bigger than its peers, offering access to nearly a million
English language documents. It was not just size that made Gigapedia unique. Unlike most sites, it
moved beyond its initial specialization in scientific texts to incorporate a wide range of academic
disciplines. Compared to its peers, it also had a highly developed central metadata database, which
contained bibliographic details on the collection and also, significantly, on gaps in the collection, which
underpinned a process of actively solicited contributions from users. With the ubiquitous
scanner/copiers, the production of book scans was as easy as copying them, thus the collection grew
rapidly.
Gigapedia’s massive catalog made the site popular, which in turn made it a target. In early 2012, a group
of 17 publishers was granted an injunction against the site (now called Library.nu; and against iFile.it—
the hosting site that stored most of Library.nu’s content). Unlike the record and movie companies,
which had collaborated on dozens of lawsuits over the past decade, the Library.nu injunction and lawsuit
were the first coordinated publisher actions against a major file-sharing site, and the first to involve
major university publishers in particular. Under the injunction, the Library.nu adminstrators closed the
site. The collection disappeared and the community around it dispersed. (Liang, 2012)
Gigapedia’s collection was integrated into Aleph’s predominantly Russian language collection before the
shutdown, making Aleph the natural successor of Gigapedia/library.nu.
Libraries in the RuNet
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Electronic copy available at: http://ssrn.com/abstract=2616631
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The search soon zeroed in on a number of sites with strong hints to their Russian origins. Sites like Aleph,
[sc], [fi], [os] are open, completely free to use, and each offers access to a catalog comparable to the late
Gigapedia’s.
The similarity of these seemingly distinct services is no coincidence. These sites constitute a tightly knit
network, in which Aleph occupies the central position. Aleph, as its name suggests, is the source library,
it aims to seed of all scientific digital libraries on the net. Its mission is simple and straightforward. It
collects free-floating scientific texts and other collections from the Internet and consolidates them (both
content and metadata) into a single, open database. Though ordinary users can search the catalog and
retrieve the texts, its main focus is the distribution of the catalog and the collection to anyone who
wants to build services upon them. Aleph has regularly updated links that point to its own, neatly packed
source code, its database dump, and to the terabytes worth of collection. It is a knowledge infrastructure
that can be freely accessed, used and built upon by anyone. This radical openness enables a number of
other pirate libraries to offer Aleph’s catalogue along with books coming from other sources. By
mirroring Aleph they take over tasks that the administrators of Aleph are unprepared or unwilling to do.
Handling much of the actual download traffic they relieve Aleph from the unavoidable investment in
servers and bandwidth, which, in turn puts less pressure on Aleph to engage in commercial activities to
finance its operation. While Aleph stays in the background, the network of mirrors compete for
attention, users and advertising revenue as their design, business model, technical sophistication is finetuned to the profile of their intended target audience.
This strategy of creating an open infrastructure serves Aleph well. It ensures the widespread distribution
of books while it minimizes (legal) exposure. By relinquishing control, Aleph also ensures its own longterm survival, as it is copied again and again. In fact, openness is the core element in the philosophy of
Aleph, which was summed up by one of its administrators as to:
“- collect valuable science/technology/math/medical/humanities academic literature. That is,
collect humanity's valuable knowledge in digital form. Avoid junky books. Ignore "bestsellers".
- build a community of people who share knowledge, improve quality of books, find good and
valuable books, and correct errors.
- share the files freely, spreading the knowledge altruistically, not trying to make money, not
charging money for knowledge. Here people paid money for many books that they considered
valuable and then shared here on [Aleph], for free. […]
This is the true spirit of the [Aleph] project.”
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Reading, publishing, censorship and libraries in Soviet-Russia
“[T]he library of the Big Lubyanka was unique. In all probability it had been assembled out of confiscated
private libraries. The bibliophiles who had collected those books had already rendered up their souls to
God. But the main thing was that while State Security had been busy censoring and emasculating all the
libraries of the nation for decades, it forgot to dig in its own bosom. Here, in its very den, one could read
Zamyatin, Pilnyak, Panteleimon Romanov, and any volume at all of the complete works of Merezhkovsky.
(Some people wisecracked that they allowed us to read forbidden books because they already regarded
us as dead. But I myself think that the Lubyanka librarians hadn't the faintest concept of what they were
giving us—they were simply lazy and ignorant.)”
(Solzhenitsyn, 1974)
In order to properly understand the factors that shaped Russian pirate librarians’ and their wider
environments’ attitudes towards bottom-up, collaborative, copyright infringing open source digital
librarianship, we need to go back nearly a century and take a close look at the specific social and political
conditions of the Soviet times that shaped the contemporary Russian intelligentsia’s attitudes towards
knowledge.
The communist ideal of a reading nation
Russian culture always had a reverence for the printed word, and the Soviet state, with its Leninist
program of mass education further stressed the idea of the educated, reading public. As Stelmach (1993)
put it:
Reading almost transplanted religion as a sacred activity: in the secularized socialist state, where the
churches were closed, the free press stifled and schools and universities politicized, literature became the
unique source of moral truth for the population. Writers were considered teachers and prophets.
The Soviet Union was a reading culture: in the last days of the USSR, a quarter of the adult population
were considered active readers, and almost everyone else categorized as an occasional reader. Book
prices were low, alternative forms of entertainment were scarce, and people were poor, making reading
one of the most attractive leisure activities.
The communist approach towards intellectual property protection reflected the idea of the reading
nation. The Soviet Union inherited a lax and isolationist copyright system from the tsarist Russia. Neither
the tsarist Russian state nor the Soviet state adhered to international copyright treaties, nor did they
enter into bilateral treaties. Tsarist Russia’s refusal to grant protection to foreign authors and
translations had primarily an economic rationale. The Soviet regime added a strong ideological claim:
granting exclusive ownership to authors was against the interests of the reading public, and “the cultural
development of the masses,” and only served the private interests of authors and heirs.
“If copyright had an economic function, that was only as a right of remuneration for his contribution to
the extension of the socialist art heritage. If copyright had a social role, this was not to protect the author
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from the economically stronger exploiter, but was one of the instruments to get the author involved in
the great communist educational project.” (Elst, 2005, p 658)
The Soviet copyright system, even in its post-revolutionary phase, maintained two persistent features
that served as important instruments of knowledge dissemination. First, the statutorily granted
“freedom of translation” meant that translation was treated as an exception to copyright, which did not
require rights holder authorization. This measure dismantled a significant barrier to access in a
multicultural and multilingual empire. By the same token, the denial of protection to foreign authors and
rights holders eased the imports of foreign texts (after, of course the appropriate censorship review).
Due to these instruments:
“[s]oon after its founding, the Soviet Union became as well the world's leading literary pirate, not only
publishing in translation the creations of its own citizens but also publishing large numbers of copies of
the works of Western authors both in translation and in the original language.” (Newcity, 1980, p 6.)
Looking simply at the aggregate numbers of published books, the USSR had an impressive publishing
industry on a scale appropriate to a reading nation. Between 1946 and 1970 more than 1 billion copies of
over 26 thousand different work were published, all by foreign authors (Newcity, 1978). In 1976 alone,
more than 1.7 billion copies of 84,304 books were printed. (Friedberg, Watanabe, & Nakamoto, 1984, fn
4.)
Of course these impressive numbers reflected neither a healthy public sphere, nor a well-functioning
print ecology. The book-based public sphere was both heavily censored and plagued by the peculiar
economic conditions of the Soviet, and later the post-Soviet era.
Censorship
The totalitarian Soviet state had many instruments to control the circulation of literary and scientific
works. 1 Some texts never entered official circulation in the first hand: “A particularly harsh
prepublication censorship [affected] foreign literature, primarily in the humanities and socioeconomic
disciplines. Books on politics, international relations, sociology, philosophy, cybernetics, semiotics,
linguistics, and so on were hardly ever published.” (Stelmakh, 2001, p 145.)
Many ‘problematic’ texts were only put into severely limited circulation. Books were released in small
print runs; as in-house publications, or they were only circulated among the trustworthy few. As the
resolution of the Central Committee of the Communist Party of June 4, 1959, stated: “Writings by
bourgeois authors in the fields of philosophy, history, economics, diplomacy, and law […] are to be
published in limited quantities after the excision from them of passages of no scholarly or practical
1
We share Helen Freshwater’s (2003) approach that censorship is a more complex phenomenon than the state just
blocking the circulation of certain texts. Censorship manifested itself in more than one ways and its dominant
modus operandi, institutions, extent, focus, reach, effectiveness showed extreme variations over time. This short
chapter however cannot go into the intricate details of the incredibly rich history of censorship in the Soviet Union.
Instead, through much simplification we try to demonstrate that censorship did not only affect literary works, but
extended deep into scholarly publishing, including natural science disciplines.
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interest. They are to be supplied with extensive introductions and detailed annotations." (quoted in
Friedberg et al., 1984)
Truncation and mutilation of texts was also frequent. Literary works and texts from humanities and
social sciences were obvious subjects of censorship, but natural sciences and technical fields did not
escape:
“In our film studios we received an American technical journal, something like Cinema, Radio and
Television. I saw it on the chief engineer's desk and noticed that it had been reprinted in Moscow.
Everything undesirable, including advertisements, had been removed, and only those technical articles
with which the engineer could be trusted were retained. Everything else, even whole pages, was missing.
This was done by a photo copying process, but the finished product appeared to be printed.” (Dewhirst &
Farrell, 1973, p. 127)
Mass cultural genres were also subject to censorship and control. Women's fiction, melodrama, comics,
detective stories, and science fiction were completely missing or heavily underrepresented in the mass
market. Instead, “a small group of officially approved authors […] were published in massive editions
every year, [and] blocked readers' access to other literature. […]Soviet literature did not fit the formula
of mass culture and was simply bad literature, but it was issued in huge print-runs.” (Stelmakh, 2001, p.
150)
Libraries were also important instruments of censorship. When not destroyed altogether, censored
works ended up in the spetskhrans, limited access special collections established in libraries to contain
censored works. Besides obvious candidates such as anti-Soviet works and western ‘bourgeois’
publications, many scientific works from the fields of biology, nuclear physics, psychology, sociology,
cybernetics, and genetics ended up in these closed collections (Ryzhak, 2005). Access to the spetskhrans
was limited to those with special permits issued by their employers. “Only university educated readers
were enrolled and only those holding positions of at least junior scientific workers were allowed to read
the publications kept by the spetskhran” (Ryzhak, 2005). In the last years of the USSR, the spetskhran of
the Russian State Library—the largest of them with more than 1 million items in the collection—had 43
seats for its roughly 4500 authorized readers. Yearly circulation was around 200,000 items, a figure that
included “the history and literature of other countries, international relations, science of law, technical
sciences and others.” (Ryzhak, 2005)
Librarians thus played a central role in the censorship machinery. They did more than guard the contents
of limited-access collections and purge the freely accessible stocks according to the latest Party
directives. As the intermediaries between the readers and the closed stacks, their task was to carefully
guide readers’ interests:
“In the 1970s, among the staff members of the service department of the Lenin State Library of the
U.S.S.R., there were specially appointed persons-"politcontrollers"-who, apart from their regular
professional functions, had to perform additional control over the literature lent from the general stocks
(not from the restricted access collections), thus exercising censorship over the percolation of avant-garde
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aesthetics to the reader, the aesthetics that introduced new ways of thinking and a new outlook on life
and social behavior.” (Stelmakh, 2001)
Librarians also used library cards and lending histories to collect and report information on readers and
suspicious reading habits.
Soviet economic dysfunction also severely limited access to printed works. Acute and chronic shortages
of even censor-approved texts were common, both on the market and in libraries. When the USSR
joined its first first international copyright treaty in its history in 1973 (the UNESCO-backed Universal
Copyright Convention), which granted protection to foreign authors and denied “freedom of
translation,” the access problems only got worse. Soviet concern that granting protection to foreign
authors would result in significant royalty payments to western rightsholders proved valid. By 1976, the
yearly USSR trade deficit in publishing reached a million rubles (~5.5 million current USD) (Levin, 1983, p.
157). This imbalance not only affected the number of publications that were imported into the cashpoor country, but also raised the price of translated works to the double that of Russian-authored books
(Levin, 1983, p. 158).
The literary and scientific underground in Soviet times
Various practices and informal institutions evolved to address the problems of access. Book black
markets flourished: “In the 1970s and 1980s the black market was an active part of society. Buying books
directly from other people was how 35 percent of Soviet adults acquired books for their own homes, and
68 percent of families living in major cities bought books only on the black market.” (Stelmakh, 2001, p
146). Book copying and hoarding was practiced to supplement the shortages:
“People hoarded books: complete works of Pushkin, Tolstoy or Chekhov. You could not buy such things.
So you had the idea that it is very important to hoard books. High-quality literary fiction, high quality
science textbooks and monographs, even biographies of famous people (writers, scientists, composers,
etc.) were difficult to buy. You could not, as far as I remember, just go to a bookstore and buy complete
works of Chekhov. It was published once and sold out and that's it. Dostoyevsky used to be prohibited in
the USSR, so that was even rarer. Lots of writers were prohibited, like Nabokov. Eventually Dostoyevsky
was printed in the USSR, but in very small numbers.
And also there were scientists who wanted scientific books and also could not get them. Mathematics
books, physics - only very few books were published every year, you can't compare this with the market in
the U.S. Russian translations of classical monographs in mathematics were difficult to find.
So, in the USSR, everyone who had a good education shared the idea that hoarding books is very, very
important, and did just that. If someone had free access to a Xerox machine, they were Xeroxing
everything in sight. A friend of mine had entire room full of Xeroxed books.”2
From the 1960s onwards, the ever-growing Samizdat networks tried to counterbalance the effects of
censorship and provide access to both censored classics and information on the current state of Soviet
2
Anonymous source #1
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society. Reaching a readership of around 200,000, these networks operated in a networked, bottom-up
manner. Each node in the chain of distribution copied the texts it received, and distributed the copies.
The nodes also carried information backwards, towards the authors of the samizdat publications.
In the immediate post-Soviet political turmoil and economic calamity, access to print culture did not get
any easier. Censorship officially ended, but so too did much of the funding for the state-funded
publishing sector. Mass unemployment, falling wages, and the resulting loss of discretionary income did
not facilitate the shift toward market-based publishing models. The funding of libraries also dwindled,
limiting new acquisitions (Elst, 2005, p. 299-300). Economic constraints took the place of political ones.
But in the absence of political repression, self-organizing efforts to address these constraints acquired
greater scope of action. Slowly, the informal sphere began to deliver alternative modes of access to
otherwise hard-to-get literary and scientific works.
Russian pirate libraries emerged from these enmeshed contexts: communist ideologies of the reading
nation and mass education; the censorship of texts; the abused library system; economic hardships and
dysfunctional markets, and, most importantly, the informal practices that ensured the survival of
scholarship and literary traditions under hostile political and economic conditions. The prominent place
of Russian pirate libraries in the larger informal media economy—and of Russian piracy of music, film,
and other copyrighted work more generally—cannot be understood outside this history.
The emergence of DIY digital libraries in RuNet
The copying of censored and uncensored works (by hand, by typewriters, by photocopying or by
computers), the hoarding of copied texts, the buying and selling of books on the black market, and the
informal, peer-to-peer distribution of samizdat material were integral parts of the everyday experience
of much of educated Soviet and post-Soviet readers. The building and maintenance of individual
collections and the participation in the informal networks of exchange offered a sense of political,
economic and cultural agency—especially as the public institutions that supported the core professions
of the intelligentsia fell into sustained economic crisis.
Digital technologies were embraced by these practices as soon as they appeared:
"From late 1970s, when first computers became used in the USSR and printers became available,
people started to print forbidden books, or just books that were difficult to find, not necessarily
forbidden. I have seen myself a print-out on a mainframe computer of a science fiction novel,
printed in all caps! Samizdat was printed on typewriters, xeroxed, printed abroad and xeroxed, or
printed on computers. Only paper circulated, files could not circulate until people started to have
PCs at home. As late as 1992 most people did not have a PC at home. So the only reason to type
a big text into a computer was to print it on paper many times.”3
People who worked in academic and research institutions were well positioned in this process: they had
access to computers, and many had access to the materials locked up in the spetskhrans. Many also had
3
Anonymous source #1
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the time and professional motivations to collect and share otherwise inaccessible texts. The core of
current digital collections was created in this late-Soviet/early post-Soviet period by such professionals.
Their home academic and scientific institutions continued to play an important role in the development
of digital text collections well into the era of home computing and the internet.
Digitized texts first circulated in printouts and later on optical/magnetic storage media. With the
emergence of digital networking these texts quickly found their way to the early Internet as well. The
first platform for digital text sharing was the Russian Fidonet, a network of BBS systems similar to
Usenet, which enabled the mass distribution of plain text files. The BBS boards, such as the Holy Spirit
BBS’ “SU.SF & F.FANDOM” group whose main focus was Soviet-Russian science fiction and fantasy
literature, connected fans around emerging collections of shared texts. As an anyonmous interviewee
described his experience in the early 1990s…
“Fidonet collected a large number of plaintext files in literature / fiction, mostly in Russian, of course.
Fidonet was almost all typed in by hand. […] Maybe several thousand of the most important books,
novels that "everyone must read" and such stuff. People typed in poetry, smaller prose pieces. I have
myself read a sci-fi novel printed on a mainframe, which was obviously typed in. This novel was by
Strugatski brothers. It was not prohibited or dissident, but just impossible to buy in the stores. These
were culturally important, cult novels, so people typed them in. […] At this point it became clear that
there was a lot of value in having a plaintext file with some novels, and the most popular novels were first
digitized in this way.”
The next stage in the text digitization started around 1994. By that time growing numbers of people had
computers, scanning peripherals, OCR software. Russian internet and PC penetration while extremely
low overall in the 1990s (0.1% of the population having internet access in 1994, growing to 8.3% by
2003), began to make inroads in educational and scientific institutions and among Moscow and
St.Petersburg elites, who were often the critical players in these networks. As access to technologies
increased a much wider array of people began to digitize their favorite texts, and these collections began
to circulate, first via CD-ROMs, later via the internet.
One of such collection belonged to Maxim Moshkov, who published his library under the name lib.ru in
1994. Moshkov was a graduate of the Moscow State University Department of Mechanics and
Mathematics, which played a large role in the digitization of scientific works. After graduation, he started
to work for the Scientific Research Institute of System Development, a computer science institute
associated with the Russian Academy of Sciences. He describes the early days of his collection as follows:
“ I began to collect electronic texts in 1990, on a desktop computer. When I got on the Internet in 1994, I
found lots of sites with texts. It was like a dream came true: there they were, all the desired books. But
these collections were in a dreadful state! Incompatible formats, different encodings, missing content. I
had to spend hours scouring the different sites and directories to find something.
As a result, I decided to convert all the different file-formats into a single one, index the titles of the books
and put them in thematic directories. I organized the files on my work computer. I was the main user of
my collection. I perfected its structure, made a simple, fast and convenient search interface and
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developed many other useful functions and put it all on the Internet. Soon, people got into the habit of
visiting the site. […]
For about 2 years I have scoured the internet: I sought out and pulled texts from the network, which were
lying there freely accessible. Slowly the library grew, and the audience increased with it. People started
to send books to me, because they were easier to read in my collection. And the time came when I
stopped surfing the internet for books: regular readers are now sending me the books. Day after day I get
about 100 emails, and 10-30 of them contain books. So many books were sent in, that I did not have time
to process them. Authors, translators and publishers also started to send texts. They all needed the
library.”(Мошков, 1999)
In the second half of the 1990’s, the Russian Internet—RuNet—was awash in book digitization projects.
With the advent of scanners, OCR technology, and the Internet, the work of digitization eased
considerably. Texts migrated from print to digital and sometimes back to print again. They circulated
through different collections, which, in turn, merged, fell apart, and re-formed. Digital libraries with the
mission to collect and consolidate these free-floating texts sprung up by the dozens.
Such digital librarianship was the antithesis of official Soviet book culture: it was free, bottom-up,
democratic, and uncensored. It also offered a partial remedy to problems created by the post-Soviet
collapse of the economy: the impoverishment of libraries, readers, and publishers. In this context, book
digitization and collecting also offered a sense of political, economic and cultural agency, with parallels
to the copying and distribution of texts in Soviet times. The capacity to scale up these practices coincided
with the moment when anti-totalitarian social sentiments were the strongest, and economic needs the
direst.
The unprecedented bloom of digital librarianship is the result of the superimposition of multiple waves
of distinct transformations: technological, political, economical and social. “Maksim Moshkov's Library”
was ground zero for this convergence and soon became a central point of exchange for the community
engaged in text digitization and collection:
[At the outset] there were just a couple of people who started scanning books in large quantities. Literally
hundreds of books. Others started proofreading, etc. There was a huge hole in the market for books.
Science fiction, adventure, crime fiction, all of this was hugely in demand by the public. So lib.ru was to a
large part the response, and was filled by those books that people most desired and most valued.
For years, lib.ru integrated as much as it could of the different digital libraries flourishing in the RuNet. By
doing so, it preserved the collections of the many short-lived libraries.
This process of collection slowed in the early 2000’s. By that time, lib.ru had all of the classics, resulting
in a decrease in the flow of new digitized material. By the same token, the Russian book market was
finally starting to offer works aimed at the popular mainstream, and was flooded by cheap romances,
astrology, crime fiction, and other genres. Such texts started to appear in, and would soon flood lib.ru.
Many contributors, including Moshkov, were concerned that such ephemera would dilute the original
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library. And so they began to disaggregate the collection. Self-published literature, “user generated
content,” and fan fiction was separated into the aptly named samizdat.lib.ru, which housed original texts
submitted by readers. Popular fiction--“low-brow literature”—was copied from the relevant subsections
of lib.ru and split off. Sites specializing in those genres quickly formed their own ecosystem. [L], the first
of its kind, now charges a monthly fee to provide access to the collection. The [f] community split off
from [L] the same way that [L] split off from lib.ru, to provide free and unrestricted access to a
fundamentally similar collection. Finally, some in the community felt the need to focus their efforts on a
separate collection of scientific works. This became Kolhoz collection.
The genesis of a million book scientific library
A Kolhoz (Russian: колхо́ з) was one of the types of collective farm that emerged in the early Soviet
period. In the early days, it was a self-governing, community-owned collaborative enterprise, with many
of the features of a commons. For the Russian digital librarians, these historical resonances were
intentional.
The kolhoz group was initially a community that scanned and processed scientific materials: books and,
occasionally, articles. The ethos was free sharing. Academic institutes in Russia were in dire need of
scientific texts; they xeroxed and scanned whatever they could. Usually, the files were then stored on the
institute's ftp site and could be downloaded freely. There were at least three major research institutes
that did this, back in early 2000s, unconnected to each other in any way, located in various faraway parts
of Russia. Most of these scans were appropriated by the kolhoz group and processed into DJVU4.
The sources of files for kolhoz were, initially, several collections from academic institutes (downloaded
whenever the ftp servers were open for anonymous access; in one case, from one of the institutes of the
Chinese academy of sciences, but mostly from Russian academic institutes). At that time (around 2002),
there were also several commercialized collections of scanned books on sale in Russia (mostly, these were
college-level textbooks on math and physics); these files were also all copied to kolhoz and processed into
DJVU. The focus was on collecting the most important science textbooks and monographs of all time, in
all fields of natural science.
There was never any commercial support. The kolhoz group never had a web site with a database, like
most projects today. They had an ftp server with files, and the access to ftp was given by PM in a forum.
This ftp server was privately supported by one of the members (who was an academic researcher, like
most kolhoz members). The files were distributed directly by burning files on writable DVDs and giving the
4
DJVU is a file format that revolutionized online book distribution the way mp3 revolutionized the online music
distribution. For books that contain graphs, images and mathematical formulae scanning is the only digitization
option. However, the large number of resulting image files is difficult to handle. The DJVU file format allows for the
images of scanned book pages to be stored in the smallest possible file size, which makes it the perfect medium for
the distribution of scanned e-books.
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DVDs away. Later, the ftp access was closed to the public, and only a temporary file-swapping ftp server
remained. Today the kolhoz DVD releases are mostly spread via torrents.” 5
Kolhoz amassed around fifty thousand documents, the mexmat collection of the Moscow State
University Department of Mechanics and Mathematics (Moshkov’s alma mater) was around the same
size, the “world of books” collection (mirknig) had around thirty thousand files, and there were around a
dozen other smaller archives, each with approximately 10 thousand files in their respective collections.
The Kolhoz group dominated the science-minded ebook community in Russia well into the late 2000’s.
Kolhoz, however, suffered from the same problems as the early Fidonet-based text collections. Since it
was distributed in DVDs, via ftp servers and on torrents, it was hard to search, it lacked a proper catalog
and it was prone to fragmentation. Parallel solutions soon emerged: around 2006-7, an existing book site
called Gigapedia copied the English books from Kolhoz, set up a catalog, and soon became the most
influential pirate library in the English speaking internet.
Similar cataloguing efforts soon emerged elsewhere. In 2007, someone on rutracker.ru, a Russian BBS
focusing on file sharing, posted torrent links to 91 DVDs containing science and technology titles
aggregated from various other Russian sources, including Kolhoz. This massive collection had no
categorization or particular order. But it soon attracted an archivist: a user of the forum started the
laborious task of organizing the texts into a usable, searchable format—first filtering duplicates and
organizing existing metadata first into an excel spreadsheet, and later moving to a more open, webbased database operating under the name Aleph.
Aleph inherited more than just books from Kolhoz and Moshkov’s lib.ru. It inherited their elitism with
regard to canonical texts, and their understanding of librarianship as a community effort. Like the earlier
sites, Aleph’s collections are complemented by a stream of user submissions. Like the other sites, the
number of submissions grew rapidly as the site’s visibility, reputation and trustworthiness was
established, and like the others it later fell, as more and more of what was perceived as canonical
literature was uploaded:
“The number of mankind’s useful books is about what we already have. So growth is defined by newly
scanned or issued books. Also, the quality of the collection is represented not by the number of books but
by the amount of knowledge it contains. [ALEPH] does not need to grow more and I am not the only one
among us who thinks so. […]
We have absolutely no idea who sends books in. It is practically impossible to know, because there are a
million books. We gather huge collections which eliminate any traces of the original uploaders.
My expectation is that new arrivals will dry up. Not completely, as I described above, some books will
always be scanned or rescanned (it nowadays happens quite surprisingly often) and the overall process of
digitization cannot and should not be stopped. It is also hard to say when the slowdown will occur: I
expected it about a year ago, but then library.nu got shut down and things changed dramatically in many
respects. Now we are "in charge" (we had been the largest anyways, just now everyone thinks we are in
5
Anonymous source #1
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charge) and there has been a temporary rise in the book inflow. At the moment, relatively small or
previously unseen collections are being integrated into [ALEPH]. Perhaps in a year it will saturate.
However, intuition is not a good guide. There are dynamic processes responsible for eBook availability. If
publishers massively digitize old books, they'll obviously be harvested and that will change the whole
picture.” 6
Aleph’s ambitions to create a universal library are limited , at least in terms of scope. It does not want to
have everything, or anything. What it wants is what is thought to be relevant by the community,
measured by the act of actively digitizing and sharing books. But it has created a very interesting strategy
to establish a library which is universal in terms of its reach. The administrators of Aleph understand that
Gigapedia’s downfall was due to its visibility and they wish to avoid that trap:
“Well, our policy, which I control as strictly as I can, is to avoid fame. Gigapedia's policy was to gain as
much fame as possible. Books should be available to you, if you need them. But let the rest of the world
stay in its equilibrium. We are taking great care to hide ourselves and it pays off.”7
They have solved the dilemma of providing access without jeopardizing their mission by open sourcing
the collection and thus allowing others to create widely publicized services that interface with the
public.They let others run the risk of getting famous.
Mirrors and communities
Aleph serves as a source archive for around a half-dozen freely accessible pirate libraries on the net. The
catalog database is downloadable, the content is downloadable, even the server code is downloadable.
No passwords are required to download and there are no gatekeepers. There are no obstacle to setting
up a similar library with a wider catalog, with improved user interface and better services, with a
different audience or, in fact, a different business model.
This arrangement creates a two-layered community. The core group of the Aleph admins maintains the
current service, while a loose and ever changing network of ‘mirror sites’ build on the Aleph
infrastructure.
“The unspoken agreement is that the mirrors support our ideas. Otherwise we simply do not interact with
them. If the mirrors do support this, they appear in the discussions, on the Web etc. in a positive context.
This is again about building a reputation: if they are reliable, we help with what we can, otherwise they
should prove the World they are good on their own. We do not request anything from them. They are free
to do anything they like. But if they do what we do not agree with, it'll be taken into account in future
relations. If you think for a while, there is no other democratic way of regulation: everyone expresses his
own views and if they conform with ours, we support them. If the ideology does not match, it breaks
down.”8
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The core Aleph team claims to exclusively control only two critical resources: the BBS that is the home of
the community, and the book-uploading interface. That claim is, however, not entirely accurate. For the
time being, the academic minded e-book community indeed gathers on the BBS managed by Aleph, and
though there is little incentive to move on, technically nothing stands in the way of alternatives to spring
up. As for the centralization of the book collection: many of the mirrors have their own upload pages
where one can contribute to a mirror’s collection, and it is not clear how or whether books that land at
one of the mirrors find their way back to the central database. Aleph also offers a desktop library
management tool, which enables dedicated librarians to see the latest Aleph database on their desktop
and integrate their local collections with the central database via this application. Nevertheless, it seems
that nothing really stands in the way of the fragmentation of the collection, apart from the willingness of
uploaders to contribute directly to Aleph rather than to one of its mirrors (or other sites).
Funding for Aleph comes from the administrators’ personal resources as well as occasional donations
when there is a need to buy or rent equipment or services:
“[W]e've been asking and getting support for this purpose for years. […] All our mirrors are supported
primarily from private pockets and inefficient donation schemes: they bring nothing unless a whole
campaign is arranged. I asked the community for donations 3 or 4 times, for a specific purpose only and
with all the budget spoken for. And after getting the requested amount of money we shut down the
donations.”9
Mirrors, however, do not need to be non-commercial to enjoy the support of the core Aleph community,
they just have to provide free access. Ad-supported business models that do not charge for individual
access are still acceptable to the community, but there has been serious fallout with another site, which
used the Aleph stock to seed its own library, but decided to follow a “collaborative piracy” business
approach.
“To make it utmost clear: we collaborate with anyone who shares the ideology of free knowledge
distribution. No conditions. [But] we can't suddenly start supporting projects that earn money. […]
Moreover, we've been tricked by commercial projects in the past when they used the support of our
community for their own benefit.”10
The site in question, [e], is based on a simple idea: If a user cannot find a book in its collection, the
administrators offer to purchase a digital or print copy, rip it, and sell it to the user for a fraction of the
original price—typically under $1. Payments are to be made in Amazon gift cards which make the
purchases easy but the de-anonymization of users difficult. [e] recoups its investment, in principle,
through resale. While clearly illegal, the logic is not that different from that of private subscription
libraries, which purchase a resource and distribute the costs and benefits among club members.
9
BBS comment posted on Jan 15, 2013
BBS comment posted on Jan 15, 2013
10
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Although from the rights holders’ perspective there is little difference between the two approaches,
many participants in the free access community draw a sharp line between the two, viewing the sales
model as a violation of community norms.
“[e] is a scam. They were banned in our forum. Yes, most of the books in [e] came from [ALEPH], because
[ALEPH] is open, but we have nothing to do with them... If you wish to buy a book, do it from legal
sources. Otherwise it must be free.[…]
What [e] wants:
- make money on ebook downloads, no matter what kind of ebooks.
- get books from all the easy sources - spend as little effort as possible on books - maximize profit.
- no need to build a community, no need to improve quality, no need to correct any errors - just put all
files in a big pile - maximize profit.
- files are kept in secret, never given away, there is no listing of files, there is no information about what
books are really there or what is being done.
There are very few similarities in common between [e]and [ALEPH], and these similarities are too
superficial to serve as a common ground for communication. […]
They run an illegal business, making a profit.”11
Aleph administrators describe a set of values that differentiates possible site models. They prioritize the
curatorial mission and the provision of long term free access to the collection with all the costs such a
position implies, such as open sourcing the collection, ignoring takedown requests, keeping a low profile,
refraining from commercial activities, and as a result, operating on a reduced budget . [e] prioritizes the
expansion of its catalogue on demand but that implies a commercial operation, a larger budget and the
associated high legal risk. Sites carrying Aleph’s catalogue prioritize public visibility, carry ads to cover
costs but respond to takedown requests to avoid as much trouble as they can. From the perspective of
expanding access, these are not easy or straightforward tradeoffs. In Aleph’s case, the strong
commitment to the mission of providing free access comes with significant sacrifices, the most important
of which is relinquishing control over its most valuable asset: its collection of 1.2 million scientific books.
But they believe that these costs are justified by the promise, that this way the fate of free access is not
tied to the fate of Aleph.
The fact that piratical file sharing communities are willing to make substantial sacrifices (in terms of selfrestraint) to ensure their long term survival has been documented in a number of different cases. (Bodó,
2013) Aleph is unique, however in its radical open source approach. No other piratical community has
given up all the control over itself entirely. This approach is rooted in the way how it regards the legal
status of its subject matter, i.e. scholarly publications in the first place. While norms of openness in the
field of scientific knowledge production were first formed in the Enlightenment period, Aleph’s
11
BBS comments posted on Jul 02, 2013, and Aug 25, 2013
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copynorms are as much shaped by the specificities of post-Soviet era as by the age old realization that in
science we can see further if we are allowed “standing on the shoulders of giants”.
Copyright and copynorms around Russian pirate libraries
The struggle to re-establish rightsholders’ control over digitized copyrighted works has defined the
copyright policy arena since Napster emerged in 1999. Russia brought a unique history to this conflict. In
Russia, digital libraries and their emerged in a period a double transformation: the post-Soviet copyright
system had to adopt global norms, while the global norms struggled to adapt to the emergence of digital
copying.
The first post-Soviet decade produced new copyright laws that conformed with some of the international
norms advocated by Western rightsholders, but little legal clarity or enforceability (Sezneva & Karaganis,
2011). Under such conditions, informally negotiated copynorms set in to fill the void of non-existent,
unreasonable, or unenforceable laws. The pirate libraries in the RuNet are as much regulated by such
norms as by the actual laws themselves.
During most of the 1990’s user-driven digitization and archiving was legal, or to be more exact, wasn’t
illegal. The first Russian copyright law, enacted in 1993, did not cover “internet rights” until a 2006
amendment (Budylin & Osipova, 2007; Elst, 2005, p. 425). As a result, many argued (including the
Moscow prosecutor’s office), that the distribution of copyrighted works via the internet was not
copyright infringement. Authors and publishers, who saw their works appear in digital form, and
circulated via CD-ROMs and the internet, had to rely on informal norms, still in development, to establish
control over their texts vis-à-vis enthusiastic collectors and for-profit entrepreneurs.
The HARRYFAN CD was one of the early examples of a digital text collection in circulation before internet
access was widespread. The CD contained around ten thousand texts, mostly Russian science fiction. It
was compiled in 1997 by Igor Zagumenov, a book enthusiast, from the texts that circulated on the Holy
Spirit BBS. The CD was a non-profit project, planned to be printed and sold in around 1000 copies.
Zagumenov did get in touch with some of the authors and publishers, and got permission to release
some of their texts, but the CD also included many other works that were uploaded to the BBS without
authorization. The CD included the following copyright notice, alongside the name and contact of
Zagumenov and those who granted permission:
Texts on this CD are distributed in electronic format with the consent of the copyright holders or their
literary agent. The disk is aimed at authors, editors, translators and fans SF & F as a compact reference
and information library. Copying or reproduction of this disc is not allowed. For the commercial use of
texts please refer directly to the copyright owners at the following addresses.
The authors whose texts and unpublished manuscripts appeared in the collection without authorization
started to complain to those whose contact details were in the copyright notice. Some complained
about the material damage the collection may have caused to them, but most complaints focused on
moral rights: unauthorized publication of a manuscript, the mutilation of published works, lack of
attribution, or the removal of original copyright and contact notices. Some authors had no problem
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appearing in non-commercially distributed collections but objected to the fact that the CDs were sold
(and later overproduced in spite of Zagumenov’s intentions).
The debate, which took place in the book-related fora of Fidonet, had some important points.
Participants again drew a significant distinction between free access provided first by Fidonet (and later
by lib.ru, which integrated some parts of the collection) and what was perceived as Zagumenov’s forprofit enterprise—despite the fact that the price of the CD only covered printing costs. The debate also
drew authors’ and publishers’ attention to the digital book communities’ actions, which many saw as
beneficial as long as it respected the wishes of the authors. Some authors did not want to appear online
at all, others wanted only their published works to be circulated.
Lib.ru of course integrated the parts of the HARRYFAN CD into its collection. Moshkov’s policy towards
authors’ rights was to ask for permission, if he could contact the author or publisher. He also honored
takedown requests sent to him. In 1999 he wrote on copyright issues as follows:
The author’s interests must be protected on the Internet: the opportunity to find the original copy, the
right of attribution, protection from distorting the work. Anyone who wants to protect his/her rights,
should be ready to address these problems, ranging from the ability to identify the offending party, to the
possibility of proving infringement.[…]
Meanwhile, it has become a stressing question how to protect authors-netizens' rights regarding their
work published on the Internet. It is known that there are a number of periodicals that reprint material
from the Internet without the permission of the author, without payment of a fee, without prior
arrangement. Such offenders need to be shamed via public outreach. The "Wall of shame" website is one
of the positive examples of effective instruments established by the networked public to protect their
rights. It manages to do the job without bringing legal action - polite warnings, an indication of potential
trouble and shaming of the infringer.
Do we need any laws for digital libraries? Probably we do, but until then we have to do without. Yes, of
course, it would be nice to have their status established as “cultural objects” and have the same rights as
a "real library" to collect information, but that might be in the distant future. It would also be nice to
have the e-library "legal deposits" of publications in electronic form, but when even Leninka [the Russian
State Library] cannot always afford that, what we really need are enthusiastic networkers. […]
The policy of the library is to take everything they give, otherwise they cease to send books. It is also to
listen to the authors and strictly comply with their requirements. And it is to grow and prosper. […] I
simply want the books to find their readers because I am afraid to live in a world where no one reads
books. This is already the case in America, and it is speeding up with us. I don’t just want to derail this
process, I would like to turn it around.”
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Moshkov played a crucial role in consolidating copynorms in the Russian digital publishing domain. His
reputation and place in the Russian literary domain is marked by a number of prizes12, and the library’s
continued existence. This place was secured by a number of closely intertwined factors:
Framing and anchoring the digitization and distribution practice in the library tradition.
The non-profit status of the enterprise.
Respecting the wishes of the rights holders even if he was not legally obliged to do so.
Maintaining active communication with the different stakeholders in the community,
including authors and readers.
Responding to a clear gap in affordable, legal access.
Conservatism with regard to the book, anchored in the argument that digital texts are not
substitutes for printed matter.
Many other digital libraries tried to follow Moshkov’s formula, but the times were changing. Internet and
computer access left the sub-cultural niches and became mainstream; commercialization became a
viable option and thus an issue for both the community and rightsholders; and the legal environment
was about to change.
Formalization of the IP regime in the 2000s
As soon as the 1993 copyright law passed, the US resumed pressure on the Russian government for
further reform. Throughout the period—and indeed to the present day—US Trade Representative
Special 301 reports cited inadequate protections and lack of enforcement of copyright. Russia’s plans to
join the WTO, over which the US had effective veto power, also became leverage to bring the Russian
copyright regime into compliance with US norms.
Book piracy was regularly mentioned in Special 301 reports in the 2000s, but the details, alleged losses,
and analysis changed little from year to year. The estimated $40M USD losses per year throughout this
period were dwarfed by claims from the studios and software vendors, and clearly were not among the
top priorities of the USTR. For most of the decade, the electronic availability of bestsellers and academic
textbooks was seen in the context of print substitution, rather than damage to the non-existent
electronic market. And though there is little direct indication, the Special 301 reports name sites which
(unlike lib.ru) were serving audiences beyond the RuNet, indicating that the focus of enforcement was
not to protect US interests in the Russian market, but to prevent sites based in Russia to cater for
demand in the high value Western-European and US markets.
A 1998 amendment to the 1993 copyright law extended the legal framework to encompass digital rights,
though in a fashion that continued to produce controversy. After 1998, digital services had to license
content from collecting societies, but those societies needed no permission from rightsholders provided
they paid royalites. The result was a proliferation of collective management organizations, competing to
license the material to digital services (Sezneva and Karaganis, 2011), which under this arrangement
12
ROTOR, the International Union of Internet Professionals in Russia voted lib.ru as the “literary site of the year” in
1999,2001 and 2003, “electronic library of the year” in 2004,2006,2008,2009, and 2010, “programmer of the year”
in 1999, and “man of the year” in 2004 and 2005.
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were compliant with Russian law, but were regarded as illegal by Western rights holders who claimed
that the Russian collecting societies were not representing them.
The best known of dispute from this time was the one around the legality of Allofmp3.com, a site that
sold music from western record labels at prices far below those iTunes or other officially licensed
vendors. AllofMP3.com claimed that it was licensed by ROMS, the Russian Society for Multimedia and
Internet (Российское общество по мультимедиа и цифровым сетям (НП РОМС)), but despite of that
became the focal point of US (and behind them, major label) pressure, leading to an unsuccessful
criminal prosecution of the site owner and eventual closure of the site in 2007. Although Lib.ru had
some direct agreements with authors, it also licensed much of its collection from ROMS, and thus was in
the same legal situation as AllofMP3.com. .
Lib.ru avoided the attention of foreign rightholders and Russian state pressure and even benefited from
state support during the period, the receiving a $30,000 grant from the Federal Agency for Press and
Mass Communications to digitize the most important works from the 1930’s. But the chaotic licensing
environment that governed their legal status also came back to haunt them. In 2005, a lawsuit was
brought against Moshkov by KM Online (KMO), an online vendor that sold digital texts for a small fee.
Although the KMO collection—like every other collection—had been assembled from a wide range of
sources on the Internet, KMO claimed to pay a 20% royalty on its income to authors. In 2004 KMO
requested that lib.ru take down works by several authors with whom (or with whose heirs) KMO claimed
to be in exclusive contract to distribute their texts online. KMO’s claims turned out to be only partly true.
KMO had arranged contracts with a number of the heirs to classics of the Soviet period, who hoped to
benefit from an obscure provision in the 1993 Russian copyright law that granted copyrights to the heirs
of politically prosecuted and later rehabilitated Soviet-era authors. Moshkov, in turn, claimed that he
had written or oral agreements with many of the same authors and heirs, in addition to his agreement
with ROMS.
The lawsuit was a true public event. It generated thousands of news items both online and in the
mainstream press. Authors, members of the publishing industry, legal professionals, librarians, internet
professionals publicly supported Moshkov, while KMO was seen as a rogue operator that would lie to
make easy money on freely-available digital resources.
Eventually, the court ruled that KMO indeed had one exclusive contract with Eduard Gevorgyan, and that
the publication of his texts by Moshkov infringed the moral (but not the economic) rights of the author.
Moshkov was ordered to pay 3000 Rubles (approximately $100) in compensation.
The lawsuit was a sign of a slow but significant transformation in the Russian print ecosystem. The idea
of a viable market for electronic books began to find a foothold. Electronic versions of texts began to be
regarded as potential substitutes for the printed versions, not advertisements for them or supplements
to them. More and more commercial services emerged, which regard the well-entrenched free digital
libraries as competitors. As Russia continued to bring its laws into closer conformance with WTO
requirements, ahead of Russia’s admission in 2012, western rightsholders gained enough power to
demand enforcement against RuNet pirate sites. The kinds of selective enforcement for political or
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business purposes, which had marked the Russian IP regime throughout the decade (Sezneva &
Karaganis, 2011), slowly gave way to more uniform enforcement.
Closure of the Legal Regime
The legal, economic, and cultural conditions under which Aleph and its mirrors operate today are very
different from those of two decades earlier. The major legal loopholes are now closed, though Russian
authorities have shown little inclination to pursue Aleph so far:
I can't say whether it's the Russian copyright enforcement or the Western one that's most dangerous for
Aleph; I'd say that Russian enforcement is still likely to tolerate most of the things that Western
publishers won't allow. For example, lib.ru and [L] and other unofficial Russian e-libraries are tolerated
even though far from compliant with the law. These kinds of e-libraries could not survive at all in western
countries.13
Western publishers have been slow to join record, film, and software companies in their aggressive
online enforcement campaigns, and academic publishers even more so. But such efforts are slowly
increasing, as the market for digital texts grows and as publishers benefit from the enforcement
precedents set or won by the more aggressive rightsholder groups. The domain name of [os], one of the
sites mirroring the Aleph collection was seized, apparently due to the legal action taken by a US
rightholder, and it also started to respond to DMCA notices, removing links to books reported to be
infringing. Aleph responds to this with a number of tactical moves:
We want books to be available, but only for those who need them. We do not want [ALEPH] to be visible.
If one knows where to get books, there are here for him or her. In this way we stay relatively invisible (in
search engines, e.g.), but all the relevant communities in the academy know about us. Actually, if you
question people at universities, the percentage of them is quite low. But what's important is that the
news about [ALEPH] is spread mostly by face-to-face communication, where most of the unnecessary
people do not know about it. (Unnecessary are those who aim profit)14
The policy of invisibility is radically different from Moshkov’s policy of maximum visibility. Aleph hopes
that it can recede into the shadows where it will be protected by the omerta of academics sharing the
sharing ethos:
In Russian academia, [Aleph] is tacitly or actively supported. There are people that do not want to be
included, but it is hard to say who they are in most cases. Since there are DMCA complaints, of course
there are people who do not want stuff to appear here. But in our experience the complainers are only
from the non-scientific fellows. […] I haven't seen a single complaint from the authors who should
constitute our major problem: professors etc. No, they don't complain. Who complains are either of such
type I have mentioned or the ever-hungry publishers.15
Draft Manuscript, 11/4/2014, DO NOT CITE!
The protection the academic community has to offer may not be enough to fend off the publishers’
enforcement actions. The option to recede further into the darknets and hide behind the veil of privacy
technologies is one option the Aleph site has: the first mirror on I2P, an anonymizing network designed
to hide the whereabouts and identity of web services is already operational. But
[i]f people are physically served court invitations, they will have to close the site. The idea is, however,
that the entire collection is copied throughout the world many times over, the database is open, the code
for the site is open, so other people can continue.16
On methodology
We tried to reconstruct the story behind Aleph by conducting interviews and browsing through the BBS
of the community. Access to the site and community members was given under a strict condition of
anonymity. We thus removed any reference to the names and URLs of the services in question.
At one point we shared an early draft of this paper with interested members and asked for their
feedback. Beyond access and feedback, community members were helping the writing of this article by
providing translations of some Russian originals, as well as reviewing the translations made by the
author. In return, we provided financial contributions to the community, in the value of 100 USD.
We reproduced forum entries without any edits to the language, we, however, edited interviews
conducted via IM services to reflect basic writing standards.
16
Anonymous source #1
21
Draft Manuscript, 11/4/2014, DO NOT CITE!
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