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
Dockray & Liang
Sharing Instinct: An Annotation of the Social Contract Through Shadow Libraries
2015
# Sean Dockray & Lawrence Liang — Sharing Instinct: An Annotation of the
Social Contract Through Shadow Libraries
 Abdel Kader
Haïdara, a librarian who smuggled hundreds of thousands of manuscripts from
jihadist-occupied Timbuktu to safety in Bamako, stands with ancient volumes
from Timbuktu packed into metal trunks. Photo: Brent Stirton/Getty Images.
_Foederis aequas Dicamus leges _
(Let us make fair terms for the compact.)
—Virgil’s _Aeneid_ , XI
Man was born free, and everywhere he is in chains.1All excerpts from _The
Social Contract_ are from Jean-Jacques Rousseau, _The Social Contract: And,
The First and Second Discourses_, ed. Susan Dunn and Gita May (New Haven, CT:
Yale University Press, 2002).
> _June 30, 2015_
>
> _Dear Sean,_
>
> _I have been asked by Raqs Media Collective to contribute to a special
ongoing issue of _e-flux journal _that is part of the Venice Biennale. Raqs’s
section in the issue rethinks Rousseau’s social contract and the possibility
of its being rewritten, as a way of imagining social bonds and solidarities
that can help instigate and affirm a vision of the world as a space of
potential._
>
> _I was wondering if you would join me in a conversation on shadow libraries
and social contracts. The entire universe of the book-sharing communities
seems to offer the possibility of rethinking the terms of the social contract
and its associated terms (consent, general will, private interest, and so on).
While the rise in book sharing is at one level a technological phenomenon (a
library of 100,000 books put in PDF format can presently fit on a one-terabyte
drive that costs less than seventy-five dollars), it is also about how we
think of transformations in social relations mediated by sharing books._
>
> _If the striking image of books in preprint revolution was of being “in
chains,” as Rousseau puts it, I am prompted to wonder about the contemporary
conflict between the digital and mechanisms of control. Are books born free
but are everywhere in chains, or is it the case that they have been set free?
In which case are they writing new social contracts?_
>
> _I was curious about whether you, as the founder of _[
_Aaaaarg.org_](http://aaaaarg.org/) _, had the idea of a social contract in
mind, or even a community, when you started?_
>
> _Lawrence_
**Book I, Chapter VI : The Social Pact**
To find a form of association that may defend and protect with the whole force
of the community the person and property of every associate, and by means of
which each, joining together with all, may nevertheless obey only himself, and
remain as free as before.’’ Such is the fundamental problem to which the
social contract provides the solution.
We can reduce it to the following terms: ‘‘Each of us puts in common his
person and all his power under the supreme direction of the general will; and
in return each member becomes an indivisible part of the whole.’’
> _June 30, 2015_
>
> _Dear Lawrence,_
>
> _I am just listing a few ideas to put things out there and am happy to try
other approaches:_
>
> _—To think about the two kinds of structure that digital libraries take:
either each library is shared by many user-librarians or there is a library
for each person, shared with all the others. It’s a technological design
question, yes, but it also suggests different social contracts?_
>
> _—What is subtracted when we subtract your capacity/right to share a book
with others, when every one of us must approach the market anew to come into
contact with it? But to take a stab at misappropriating the terms you’ve
listed, consent, what libraries do I consent to? Usually the consent needs to
come from the library, in the form of a card or something, but we don’t ask
enough what we want, maybe. Also what about a social contract of books? Does a
book consent to being in a library? What rights does it have or expect?_
>
> _I really loved the math equation Rousseau used to arrive at the general
will: if you subtract the pluses and minuses of particular wills that cancel
each other out, then the general will is the sum of the differences! But why
does the general need to be the lowest common denominator—certainly there are
more appropriate mathematical concepts that have been developed in the past
few hundred years?_
>
> _Sean_
**Book I, Chapter II: Primitive Societies**
This common liberty is a consequence of man’s nature. His first law is to
attend to his own survival, his first concerns are those he owes to himself;
and as soon as he reaches the age of rationality, being sole judge of how to
survive, he becomes his own master.
It is the relation of things and not of men that constitutes war; and since
the state of war cannot arise from simple personal relations, but only from
real relations, private war—war between man and man—cannot exist either in the
state of nature, where there is no settled ownership, or in the social state,
where everything is under the authority of the laws.
> _July 1, 2015_
>
> _Dear Lawrence,_
>
> _Unlike a logic of exchange, or of offer and return with its demands for
reciprocity, the logic of sharing doesn’t ask its members for anything in
return. There are no guarantees that the one who gives a book will get back
anything, whether that is money, an equivalent book, or even a token of
gratitude. Similarly, there is nothing to prevent someone from taking without
giving. I think a logic of sharing will look positively illogical across the
course of its existence. But to me, this is part of the appeal: that it can
accommodate behaviors and relationships that might be impossible within the
market._
>
> _But if there is a lack of a contract governing specific exchanges, then
there is something at another level that defines and organizes the space of
sharing, that governs its boundaries, and that establishes inclusions and
exclusions. Is this something ethics? Identity? Already I am appealing to
something that itself would be shared, and would this sharing precede the
material sharing of, for example, a library? Or would the shared
ethics/identity/whatever be a symptom of the practice of sharing? Well, this
is perhaps the conclusion that anthropologists might come to when trying to
explain the sharing practices of hunter-gatherer societies, but a library?_
>
> _Sean_
>
>
>
> _July 1, 2015_
>
> _Hi Sean,_
>
> _I liked your question of what might account for a sharing instinct when it
comes to books, and whether we appeal to something that already exists as a
shared ethics or identity, or is sharing the basis of a shared
ethics/identity? I have to say that while I have never thought of my own book-
collecting through the analogy of hunter-gatherers, the more I think about it,
the more sense it makes to me. Linguistically we always speak of going on book
hunts and my daily trawling through the various shadow libraries online does
seem to function by way of a hunting-gathering mentality._
>
> _Often I download books I know that I will never personally read because I
know that it may either be of interest to someone else, or that the place of a
library is the cave where one gathers what one has hunted down, not just for
oneself but for others. I also like that we are using so-called primitive
metaphors to account for twenty-first-century digital practices, because it
allows us the possibility of linking these practices to a primal instinct of
sharing, which precedes our encounter with the social norms that classify and
partition that instinct (legal, illegal, authorized, and so on). _
>
> _I don’t know if you remember the meeting that we had in Mumbai a few years
ago—among the other participants, we had an academic from Delhi as an
interlocutor. He expressed an absolute terror at what he saw as the “tyranny
of availability” in online libraries. In light of the immense number of books
available in electronic copies and on our computers or hard discs, he felt
overwhelmed and compared his discomfort with that of being inside a large
library and not knowing what to do. Interestingly, he regularly writes asking
me to supply him with books that he can’t find or does not have access to._
>
> _This got me thinking about the idea of a library and what it may mean, in
its classical sense and its digital sense. An encounter with any library,
especially when it manifests itself physically, is one where you encounter
your own finitude in the face of what seems like the infinity of knowledge.
But personally this sense of awe has also been tinged with an immense
excitement and possibility. The head rush of wanting to jump from a book on
forgotten swear words to an intellectual biography of Benjamin, and the
tingling anticipation as you walk out of the library with ten books, captures
for me more than any other experience the essence of the word potential._
>
> _I have a modest personal library of around four thousand books, which I
know will be kind of difficult for me to finish in my lifetime even if I stop
adding any new books, and yet the impulse to add books to our unending list
never fades. And if you think about this in terms of the number of books that
reside on our computers, then the idea of using numbers becomes a little
pointless, and we need some other way or measure to make sense of our
experience._
>
> _Lawrence_
**Book I, Chapter VII: The Sovereign**
Every individual can, as a man, have a particular will contrary to, or
divergent from, the general will which he has as a citizen; his private
interest may appear to him quite different from the common interest; his
absolute and naturally independent existence may make him envisage what he
owes to the common cause as a gratuitous contribution, the loss of which would
be less harmful to others than the payment of it would be onerous to him.
> _July 12, 2015_
>
> _Hi Sean,_
>
> _There is no symbol that to my mind captures the regulated nature of the
library more than that of the board that hushes you with its capitalized
SILENCE. Marianne Constable says, “One can acknowledge the figure of silence
in the library and its persistence, even as one may wonder what a silent
library would be, whether libraries ever are silent, and what the various
silences—if any—in a library could be.”_
>
> _If I had to think about the nature of the social contract and the
possibilities of its rewriting from the site of the library one encounters
another set of silent rules and norms. If social contracts are narrative
compacts that establish a political community under the sign of a sovereign
collective called the people, libraries also aspire to establish an authority
in the name of the readers and to that extent they share a common constitutive
character. But just as there is a foundational scandal of absence at the heart
of the social contract that presumes our collective consent (what Derrida
describes as the absence of the people and the presence of their signature)
there seems to be a similar silence in the world of libraries where readers
rarely determine the architecture, the logic, or the rules of the library._
>
> _So libraries have often mirrored, rather than inverted, power relations
that underlie the social contracts that they almost underwrite._ _In contrast
I am wondering if the various shadow libraries that have burgeoned online, the
portable personal libraries that are shared offline: Whether all of them
reimagine the social contract of libraries, and try to create a more insurgent
imagination of the library?_
>
> _Lawrence_
>
>
>
> _July 13, 2015_
>
> _Hi Lawrence,_
>
> _As you know, I’m very interested in structures that allow the people within
ways to meaningfully reconfigure them. This is distinct from participation or
interaction, where the structures are inquisitive or responsive, but not
fundamentally changeable._
>
> _I appreciate the idea that a library might have, not just a collection of
books or a system of organizing, but its own social contract. In the case of
Aaaaarg, as you noticed, it is not explicit. Not only is there no statement as
such, there was never a process prior to the library in which something like a
social contract was designed._
>
> _I did ask users to write out a short statement of their reason for joining
Aaaaarg and have around fifty thousand of these expressions of intention. I
think it’s more interesting to think of the social contract, or at least a
"general will," in terms of those. If Rousseau distinguished between the will
of all and the general will, in a way that could be illustrated by the catalog
of reasons for joining Aaaaarg. Whereas the will of all might be a sum of all
the reasons, the general will would be the sum of what remains after you "take
away the pluses and minuses that cancel one another." I haven’t done the math,
but I don’t think the general will, the general reason, goes beyond a desire
for access._
>
> _To summarize a few significant groupings:_
>
> _—To think outside institutions; _
> _—To find things that one cannot find; _
> _—To have a place to share things;_
> _—To act out a position against intellectual property; _
> _—A love of books (in whatever form)._
>
> _What I do see as common across these groupings is that the desire for
access is, more specifically, a desire to have a relationship with texts and
others that is not mediated by market relations._
>
> _In my original conception of the site, it would be something like a
collective commonplace. Like commonplacing, the excerpts that people would
keep were those parts of texts that seemed particularly useful, that produced
a spark that one wanted to share. This is important: that it was the
experience of being electrified in some way that people were sharing and not a
book as such. Over time, things changed and the shared objects became more
complete so to say, and less “subjective,” but I hope that there is still that
spark. But, at this point, I realize that I am just another one of the many
wills, and just one designer of whatever social contract is underlying the
library._
>
> _So, again—What is the social contract? It wasn’t determined in advance and
it is not written in any about section or FAQ. I would say that it is, like
the library itself, something that is growing and evolving over time, wouldn’t
you?_
>
> _Sean_
**Book II, Chapter VIII : The People**
As an architect, before erecting a large edifice, examines and tests the soil
in order to see whether it can support the weight, so a wise lawgiver does not
begin by drawing up laws that are good in themselves, but considers first
whether the people for whom he designs them are fit to maintain them.
> _July 15, 2015_
>
> _Lawrence,_
>
> _There are many different ways of organizing a library, of structuring it,
and it’s the same for online libraries. I think the most interesting
conversation would not be to bemoan the digital for overloading our ability to
be discerning, or to criticize it for not conforming to the kind of economy
that we expected publishing to have, or become nostalgic for book smells; but
to actually really wonder what it is that could make these libraries great,
places that will be missed in the future if they go away. To me, this is the
most depressing thing about the unfortunate fact that digital shadow libraries
have to operate somewhat below the radar: it introduces a precariousness that
doesn’t allow imagination to really expand, as it becomes stuck on techniques
of evasion, distribution, and redundancy. But what does it mean when a library
functions transnationally? When its contents can be searched? When reading
interfaces aren’t bound by the book form? When its contents can be referenced
from anywhere?_
>
> _What I wanted when building Aaaaarg.org the first time was to make it
useful, in the absolute fullest sense of the word, something for people who
saw books not just as things you buy to read because they’re enjoyable, but as
things you need to have a sense of self, of orientation in the world, to learn
your language and join in the conversation you are a part of—a library for
people who related to books like that._
>
> _Sean_
>
>
>
> _July 17, 2015_
>
> _Hi Sean_,
>
> _To pick up on the reasons that people give for joining Aaaaarg.org: even
though Aaaaarg.org is not bound by a social contract, we do see the
outlines—through common interests and motivations—of a fuzzy sense of a
community. And the thing with fuzzy communities is that they don’t necessarily
need to be defined with the same clarity as enumerated communities, like
nations, do. Sudipta Kaviraj, who used the term fuzzy communities, also speaks
of a “narrative contract”—perhaps a useful way to think about how to make
sense of the bibliophilic motivations and intentions, or what you describe as
the “desire to have a relationship with texts and others that is not mediated
by market relations.”_
>
> _This seems a perfectly reasonable motivation except that it is one that
would be deemed impossible at the very least, and absurd at worst by those for
whom the world of books and ideas can only be mediated by the market. And it’s
this idea of the absurd and the illogical that I would like to think a little
bit about via the idea of the ludic, a term that I think might be useful to
deploy while thinking of ways of rewriting the social contract: a ludic
contract, if you will, entered into through routes allowed by ludic libraries.
_
>
> _If we trace the word ludic back to its French and Latin roots, we find it
going back to the idea of playing (from Latin _ludere _"to play" or _ludique
_“spontaneously playful”), but today it has mutated into most popular usage
(ludicrous) generally used in relation to an idea that is so impossible it
seems absurd. And more often than not the term conveys an absurdity associated
with a deviation from well-established norms including utility, seriousness,
purpose, and property._
>
> _But what if our participation in various forms of book sharing was less
like an invitation to enter a social contract, and more like an invitation to
play? But play what, you may ask, since the term play has childish and
sometimes frivolous connotation to it? And we are talking here about serious
business. Gadamer proposes that rather than the idea of fun and games, we can
think with the analogy of a cycle, suggesting that it was important not to
tighten the nuts on the axle too much, or else the wheel could not turn. “It
has to have some play in it … and not too much play, or the wheel will fall
off. It was all about _spielraum _, ‘play-room,’ some room for play. It needs
space.” _
>
> _The ludic, or the invitation to the ludic in this account, is first and
foremost a necessary relief—just as playing is—from constraining situations
and circumstances. They could be physical, monetary, or out of sheer
nonavailability (thus the desire for access could be thought of as a tactical
maneuver to create openings). They could be philosophical constraints
(epistemological, disciplinary), social constraints (divisions of class, work,
and leisure time). At any rate all efforts at participating in shadow
libraries seem propelled by an instinct to exceed the boundaries of the self
however defined, and to make some room for play or to create a “ludic
spaciousness,” as it were. _
>
> _The spatial metaphor is also related to the bounded/unbounded (another name
for freedom I guess) and to the extent that the unbounded allows us a way into
our impossible selves; they share a space with dreams, but rarely do we think
of the violation of the right to access as fundamentally being a violation of
our right to dream. Your compilation of the reasons that people wanted to join
Aaaaarg may well be thought of as an archive of one-sentence-long dreams of
the ludic library. _
>
> _If for Bachelard the house protects the dreamer, the library for me is a
ludic shelter, which brings me back to an interesting coincidence. I don’t
know what it is that prompted you to choose the name Aaaaarg.org; I don’t know
if you are aware it binds you irrevocably (to use the legal language of
contracts) with one of the very few theorists of the ludic, the Dutch
philosopher Johan Huizinga, who coined the word _homo ludens _(as against the
more functional, scientific homo sapiens or functional homo faber). In his
1938 text Huizinga observes that “the fun of playing, resists all analysis,
all logical interpretation,” and as a concept it cannot be reduced to any
other mental category. He feels that no language really has an exact
equivalent to the word fun but the closest he comes in his own language is the
Dutch word _aardigkeit, _so the line between aaaarg and aaard may have well
have been dreamt of before Aaaaarg.org even started._
>
> _More soon,_
>
> _Lawrence_
×
[](http://conversations.e-flux.com/t
/superconversations-day-73-mohammad-salemy-responds-to-sean-dockray-lawrence-
liang-sharing-instinct-an-annotation-of-the-social-contract-through-shadow-
libraries/2244 "Sharing Instinct: An Annotation of the Social Contract Through
Shadow Libraries @ e-flux Conversations")
System of a Takedown: Control and De-commodification in the Circuits of Academic Publishing
Marcell Mars and Tomislav Medak
Since 2012 the Public Library/Memory of the World1 project has
been developing and publicly supporting scenarios for massive
disobedience against the current regulation of production and
circulation of knowledge and culture in the digital realm. While
the significance of that year may not be immediately apparent to
everyone, across the peripheries of an unevenly developed world
of higher education and research it produced a resonating void.
The takedown of the book-sharing site Library.nu in early 2012
gave rise to an anxiety that the equalizing effect that its piracy
had created—the fact that access to the most recent and relevant
scholarship was no longer a privilege of rich academic institutions
in a few countries of the world (or, for that matter, the exclusive
preserve of academia to begin with)—would simply disappear into
thin air. While alternatives within these peripheries quickly filled
the gap, it was only through an unlikely set of circumstances that
they were able to do so, let alone continue to exist in light of the
legal persecution they now also face.
48
The starting point for the Public Library/Memory of the World
project was a simple consideration: the public library is the institutional form that societies have devised in order to make knowledge
and culture accessible to all their members regardless of social or
economic status. There’s a political consensus that this principle of
access is fundamental to the purpose of a modern society. Yet, as
digital networks have radically expanded the access to literature
and scientific research, public libraries were largely denied the
ability to extend to digital “objects” the kind of de-commodified
access they provide in the world of print. For instance, libraries
frequently don’t have the right to purchase e-books for lending and
preservation. If they do, they are limited by how many times—
twenty-six in the case of one publisher—and under what conditions
they can lend them before not only the license but the “object”
itself is revoked. In the case of academic journals, it is even worse:
as they move to predominantly digital models of distribution,
libraries can provide access to and “preserve” them only for as
long as they pay extortionate prices for ongoing subscriptions. By
building tools for organizing and sharing electronic libraries, creating digitization workflows, and making books available online, the
Public Library/Memory of the World project is aimed at helping to
fill the space that remains denied to real-world public libraries. It is
obviously not alone in this effort. There are many other platforms,
some more public, some more secretive, working to help people
share books. And the practice of sharing is massive.
—https://www.memoryoftheworld.org
Capitalism and Schizophrenia
New media remediate old media. Media pay homage to their
(mediatic) predecessors, which themselves pay homage to their
own (mediatic) predecessors. Computer graphics remediate film,
which remediates photography, which remediates painting, and so
on (McLuhan 1965, 8; Bolter and Grusin 1999). Attempts to understand new media technologies always settle on a set of metaphors
(of the old and familiar), in order to approximate what is similar,
and yet at the same time name the new. Every such metaphor has
its semiotic distance, decay, or inverse-square law that draws the
limit how far the metaphor can go in its explanation of the phenomenon to which it is applied. The intellectual work in the Age of
Mechanical Reproduction thus received an unfortunate metaphor:
intellectual property. A metaphor modeled on the scarce and
exclusive character of property over land. As the Age of Mechanical
Reproduction became more and more the Age of Discrete and
Digital Reproduction, another metaphor emerged, one that reveals
the quandary left after decades of decay resulting from the increasing distanciation of intellectual property from the intellectual work
it seeks to regulate, and that metaphor is: schizophrenia.
Technologies compete with each other—the discrete and the
digital thus competes with the mechanical—and the aftermath of
these clashes can be dramatic. People lose their jobs, companies
go bankrupt, disciplines lose their departments, and computer
users lose their old files. More often than not, clashes between
competing technologies create antagonisms between different
social groups. Their voices are (sometimes) heard, and society tries
to balance their interests.
If the institutional remedies cannot resolve the social antagonism,
the law is called on to mediate. Yet in the present, the legal system
only reproduces the schizoid impasse where the metaphor of property over land is applied to works of intellect that have in practical
terms become universally accessible in the digital world. Court
cases do not result in a restoration of balance but rather in the
confirmation of entrenched interests. It is, however, not necessary
that courts act in such a one-sided manner. As Cornelia Vismann
(2011) reminds us in her analysis of the ancient roots of legal mediation, the juridical process has two facets: first, a theatrical aspect
that has common roots with the Greek dramatic theatre and its
social function as a translator of a matter of conflict into a case for
weighted juridical debate; second, an agonistic aspect not unlike a
sporting competition where a winner has to be decided, one that
49
50
leads to judgment and sanction. In the matter of copyright versus
access, however, the fact that courts cannot look past the metaphor of intellectual property, which reduces any understanding of
our contemporary technosocial condition to an analogy with the
scarcity-based language of property over land, has meant that they
have failed to adjudicate a matter of conflict between the equalizing effects of universal access to knowledge and the guarantees of
rightful remuneration for intellectual labor into a meaningful social
resolution. Rather they have primarily reasserted the agonistic
aspect by supporting exclusively the commercial interests of large
copyright industries that structure and deepen that conflict at the
societal level.
This is not surprising. As many other elements of contemporary
law, the legal norms of copyright were articulated and codified
through the centuries-long development of the capitalist state
and world-system. The legal system is, as Nicos Poulantzas (2008,
25–26) suggests, genetically structured by capitalist development.
And yet at the same time it is semi-autonomous; the development
of its norms and institutional aspects is largely endogenous and
partly responsive to the specific needs of other social subsystems.
Still, if the law and the courts are the codified and lived rationality
of a social formation, then the choice of intellectual property as a
metaphor in capitalist society comes as no surprise, as its principal
objective is to institute a formal political-economic framework for
the commodification of intellectual labor that produces knowledge
and culture. There can be no balance, only subsumption and
accumulation. Capitalism and schizophrenia.
Schizophrenia abounds wherever the discrete and the digital
breaking barriers to access meets capitalism. One can only wonder
how the conflicting interests of different divisions get disputed
and negotiated in successful corporate giants like Sony Group
where Sony Pictures Entertainment,2 Sony Music Entertainment3
and Sony Computer Entertainment coexist under the same roof
with the Sony Electronics division, which invented the Walkman
back in 1979 and went on to manufacture devices and gadgets like
home (and professional) audio and video players/recorders (VHS,
Betamax, TV, HiFi, cassette, CD/DVD, mp3, mobile phones, etc.),
storage devices, personal computers, and game consoles. In the
famous 1984 Betamax case (“Sony Corp. of America v. Universal
City Studios, Inc.,” Wikipedia 2015), Universal Studios and the Walt
Disney Company sued Sony for aiding copyright infringement with
their Betamax video recorders. Sony won. The court decision in
favor of fair use rather than copyright infringement laid the legal
ground for home recording technology as the foundation of future
analog, and subsequently digital, content sharing.
Five years later, Sony bought its first major Hollywood studio:
Columbia Pictures. In 2004 Sony Music Entertainment merged with
Bertelsmann Music Group to create Sony BMG. However, things
changed as Sony became the content producer and we entered the
age of the discrete and the digital. Another five years later, in 2009,
Sony BMG sued Joel Tenenbaum for downloading and then sharing
thirty-one songs. The jury awarded US$675,000 to the music
companies (US$22,000 per song). This is known as “the second
file-sharing case.” “The first file-sharing case” was 2007’s Capitol Records, Inc. v. Thomas-Rasset, which concerned the downloading of
twenty-four songs. In the second file-sharing case, the jury awarded
music companies US$1,920,000 in statutory damages (US$80,000
per song). The defendant, Jammie Thomas, was a Native American
mother of four from Brainerd, Minnesota, who worked at the time
as a natural resources coordinator for the Mille Lacs Band of the
Native American Ojibwe people. The conflict between access and
copyright took a clear social relief.
Encouraged by the court decisions in the years that followed, the
movie and music industries have started to publicly claim staggering numbers in annual losses: US$58 billion and 370,000 lost jobs
in the United States alone. The purported losses in sales were,
however, at least seven times bigger than the actual losses and,
if the jobs figures had been true, after only one year there would
have been no one left working in the content industry (Reid 2012).
Capitalism and schizophrenia.
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If there is a reason to make an exception from the landed logic of
property being imposed onto the world of the intellect, a reason
to which few would object, it would be for access for educational
purposes. Universities in particular give an institutional form to
the premise that equal access to knowledge is a prerequisite for
building a society where all people are equal.
In this noble endeavor to make universal access to knowledge
central to social development, some universities stand out more
than the others. Consider, for example, the Massachusetts Institute
of Technology (MIT). The Free Culture and Open Access movements
have never hidden their origins, inspiration, and model in the
success of the Free Software Movement, which was founded in
1984 by Richard Stallman while he was working at the MIT Artificial
Intelligence lab. It was at the MIT Museum that the “Hall of Hacks”
was set up to proudly display the roots of hacking culture. Hacking
culture at MIT takes many shapes and forms. MIT hackers famously
put a fire truck (2006) and a campus police car (1994) onto the
roof of the Great Dome of the campus’s Building 10; they landed
(and then exploded) a weather balloon onto the pitch of Harvard
Stadium during a Harvard–Yale football game; turned the quote
that “getting an education from MIT is like taking a drink from a Fire
Hose” into a literal fire hydrant serving as a drinking fountain in
front of the largest lecture hall on campus; and many, many other
“hacks” (Peterson 2011).
The World Wide Web Consortium was founded at MIT in 1993.
Presently its mission states as its goal “to enable human communication, commerce, and opportunities to share knowledge,”
on the principles of “Web for All” and the corresponding, more
technologically focused “Web on Everything.” Similarly, MIT began
its OpenCourseWare project in 2002 in order “to publish all of
[MIT’s] course materials online and make them widely available to
everyone” (n.d.). The One Laptop Per Child project was created in
2005 in order to help children “learn, share, create, and collaborate” (2010). Recently the MIT Media Lab (2017) has even started its
own Disobedience Award, which “will go to a living person or group
engaged in what we believe is extraordinary disobedience for
the benefit of society . . . seeking both expected and unexpected
nominees.” When it comes to the governance of access to MIT’s
own resources, it is well known that anyone who is registered and
connected to the “open campus” wireless network, either by being
physically present or via VPN, can search JSTOR, Google Scholar,
and other databases in order to access otherwise paywalled journals from major publishers such as Reed Elsevier, Wiley-Blackwell,
Springer, Taylor and Francis, or Sage.
The MIT Press has also published numerous books that we love
and without which we would have never developed the Public
Library/Memory of the World project to the stage where it is now.
For instance, only after reading Markus Krajewski’s Paper Machines: About Cards & Catalogs, 1548–1929 (2011) and learning how
conceptually close librarians came to the universal Turing machine
with the invention of the index card catalog did we center the
Public Library/Memory of the World around the idea of the catalog.
Eric von Hippel’s Democratizing Innovation (2005) taught us how end
users could become empowered to innovate and accordingly we
have built our public library as a distributed network of amateur
librarians acting as peers sharing their catalogs and books. Sven
Spieker’s The Big Archive: Art from Bureaucracy (2008) showed us the
exciting hybrid meta-space between psychoanalysis, media theory,
and conceptual art one could encounter by visiting the world of
catalogs and archives. Understanding capitalism and schizophrenia would have been hard without Semiotext(e)’s translations of
Deleuze and Guattari, and remaining on the utopian path would
have been impossible if not for our reading of Cybernetic Revolutionaries (Medina 2011), Imagine No Possessions (Kiaer 2005), or Art
Power (Groys 2008).
Our Road into Schizophrenia, Commodity
Paradox, Political Strategy
Our vision for the Public Library/Memory of the World resonated
with many people. After the project initially gained a large number
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of users, and was presented in numerous prominent artistic
venues such as Museum Reina Sofía, Transmediale, Württembergischer Kunstverein, Calvert22, 98weeks, and many more, it was no
small honor when Eric Kluitenberg and David Garcia invited us to
write about the project for an anthology on tactical media that was
to be published by the MIT Press. Tactical media is exactly where
we would situate ourselves on the map. Building on Michel de
Certeau’s concept of tactics as agency of the weak operating in the
terrain of strategic power, the tactical media (Tactical Media Files
2017) emerged in the political and technological conjuncture of the
1990s. Falling into the “art-into-life” lineage of historic avant-gardes,
Situationism, DIY culture, techno-hippiedom, and media piracy, it
constituted a heterogeneous field of practices and a manifestly
international movement that combined experimental media and
political activism into interventions that contested the post–Cold
War world of global capitalism and preemptive warfare on a hybrid
terrain of media, institutions, and mass movements. Practices of
tactical media ranged from ephemeral media pranks, hoaxes, and
hacktivism to reappropriations of media apparatuses, institutional
settings, and political venues. We see our work as following in
that lineage of recuperation of the means of communication from
their capture by personal and impersonal structures of political or
economic power.
Yet the contract for our contribution that the MIT Press sent us in
early 2015 was an instant reminder of the current state of affairs
in academic publishing: in return for our contribution and transfer
of our copyrights, we would receive no compensation: no right to
wage and no right to further distribute our work.
Only weeks later our work would land us fully into schizophrenia:
the Public Library/Memory of the World received two takedown
notices from the MIT Press for books that could be found in its
back then relatively small yet easily discoverable online collection
located at https://library.memoryoftheworld.org, including a notice
for one of the books that had served as an inspiration to us: Art
Power. First, no wage and, now, no access. A true paradox of the
present-day system of knowledge production: products of our
labor are commodities, yet the labor-power producing them is
denied the same status. While the project’s vision resonates with
many, including the MIT Press, it has to be shut down. Capitalism
and schizophrenia.4
Or, maybe, not. Maybe we don’t have to go down that impasse.
Starting from the two structural circumstances imposed on us by
the MIT Press—the denial of wage and the denial of access—we
can begin to analyze why copyright infringement is not merely, as
the industry and the courts would have it, a matter of illegality. But
rather a matter of legitimate action.
Over the past three decades a deep transformation, induced by
the factors of technological change and economic restructuring,
has been unfolding at different scales, changing the way works
of culture and knowledge are produced and distributed across
an unevenly developed world. As new technologies are adopted,
generalized, and adapted to the realities of the accumulation
process—a process we could see unfolding with the commodification of the internet over the past fifteen years—the core and
the periphery adopt different strategies of opposition to the
inequalities and exclusions these technologies start to reproduce.
The core, with its emancipatory and countercultural narratives,
pursues strategies that develop legal, economic, or technological
alternatives. However, these strategies frequently fail to secure
broader transformative effects as the competitive forces of the
market appropriate, marginalize, or make obsolete the alternatives
they advocate. Such seems to have been the destiny of much of the
free software, open access, and free culture alternatives that have
developed over this period.
In contrast, the periphery, in order to advance, relies on strategies
of “stealing” that bypass socioeconomic barriers by refusing to
submit to the harmonized regulation that sets the frame for global
economic exchange. The piracy of intellectual property or industrial
secrets thus creates a shadow system of exchange resisting the
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asymmetries of development in the world economy. However, its
illegality serves as a pretext for the governments and companies of
the core to devise and impose further controls over the technosocial systems that facilitate these exchanges.
Both strategies develop specific politics—a politics of reform, on
the one hand, and a politics of obfuscation and resistance, on the
other—yet both are defensive politics that affirm the limitations
of what remains inside and what remains outside of the politically
legitimate.
The copyright industry giants of the past and the IT industry giants
of the present are thus currently sorting it out to whose greater
benefit will this new round of commodification work out. For those
who find themselves outside of the the camps of these two factions
of capital, there’s a window of opportunity, however, to reconceive
the mode of production of literature and science that has been
with us since the beginning of the print trade and the dawn of capitalism. It’s a matter of change, at the tail end of which ultimately
lies a dilemma: whether we’re going to live in a more equal or a
more unjust, a more commonised or a more commodified world.
Authorship, Law, and Legitimacy
Before we can talk of such structural transformation, the normative
question we expect to be asked is whether something that is considered a matter of law and juridical decision can be made a matter
of politics and political process. Let’s see.
Copyright has a fundamentally economic function—to unambiguously establish individualized property in the products of creative
labor. A clear indication of this economic function is the substantive requirement of originality that the work is expected to have
in order to be copyrightable. Legal interpretations set a very low
standard on what counts as original, as their function is no more
than to demarcate one creative contribution from another. Once
a legal title is unambiguously assigned, there is a person holding
property with whose consent the contracting, commodification,
and marketing of the work can proceed.5 In that respect copyright
is not that different from the requirement of formal freedom that
is granted to a laborer to contract out their own labor-power as a
commodity to capital, giving capital authorization to extract maximum productivity and appropriate the products of the laborer’s
labor.6 Copyright might be just a more efficient mechanism of
exploitation as it unfolds through selling of produced commodities
and not labor power. Art market obscures and mediates the
capital-labor relation
When we talk today of illegal copying, we primarily mean an
infringement of the legal rights of authors and publishers. There’s an
immediate assumption that the infringing practice of illegal copying
and distribution falls under the domain of juridical sanction, that it is
a matter of law. Yet if we look to the history of copyright, the illegality
of copying was a political matter long before it became a legal one.
Publisher’s rights, author’s rights, and mechanisms of reputation—
the three elements that are fundamental to the present-day
copyright system—all have their historic roots in the context of
absolutism and early capitalism in seventeenth-and eighteenth-
century Europe. Before publishers and authors were given a
temporary monopoly over the exploitation of their publications
instituted in the form of copyright, they were operating in a system
where they were forced to obtain a privilege to print books from
royal censors. The first printing privileges granted to publishers, in
early seventeenth-century Great Britain,7 came with the responsibility of publishers to control what was being published and
disseminated in a growing body of printed matter that started to
reach the public in the aftermath of the invention of print and the
rise of the reading culture. The illegality in these early days of print
referred either to printing books without the permission of the
censor or printing books that were already published by another
printer in the territory where the censor held authority. The transition from the privilege tied to the publisher to the privilege tied to
the natural person of the author would unfold only later.
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In the United Kingdom this transition occurred as the guild of
printers, Stationers’ Company, failed to secure the extension of its
printing monopoly and thus, in order to continue with its business,
decided to advocate the introduction of copyright for the authors
instead. This resulted in the passing of the Copyright Act of 1709,
also known as the Statute of Anne (Rose 2010). The censoring
authority and enterprising publishers now proceeded in lockstep to
isolate the author as the central figure in the regulation of literary
and scientific production. Not only did the author receive exclusive
rights to the work, the author was also made—as Foucault has
famously analyzed (Foucault 1980, 124)—the identifiable subject of
scrutiny, censorship, and political sanction by the absolutist state.
Although the Romantic author slowly took the center stage in
copyright regulations, economic compensation for the work would
long remain no more than honorary. Until well into the eighteenth
century, literary writing and creativity in general were regarded as
resulting from divine inspiration and not the individual genius of
the author. Writing was a work of honor and distinction, not something requiring an honest day’s pay.8 Money earned in the growing
printing industry mostly stayed in the pockets of publishers, while
the author received literally an honorarium, a flat sum that served
as a “token of esteem” (Woodmansee 1996, 42). It is only once
authors began to voice demands for securing their material and
political independence from patronage and authority that they also
started to make claims for rightful remuneration.
Thus, before it was made a matter of law, copyright was a matter of
politics and economy.
Copyright, Labor, and Economic Domination
The full-blown affirmation of the Romantic author-function marks
the historic moment where a compromise is established between
the right of publishers to the economic exploitation of works and
the right of authors to rightful compensation for those works. Economically, this redistribution from publishers to authors was made
possible by the expanding market for printed books in the eighteenth and nineteenth centuries, while politically this was catalyzed
by the growing desire for the autonomy of scientific and literary
production from the system of feudal patronage and censorship
in gradually liberalizing and modernizing capitalist societies. The
newfound autonomy of production was substantially coupled to
production specifically for the market. However, this irenic balance
could not last for very long. Once the production of culture and
science was subsumed under the exigencies of the generalized
market, it had to follow the laws of commodification and competition from which no form of commodity production can escape.
By the beginning of the twentieth century, copyright expanded to
a number of other forms of creativity, transcending its primarily
literary and scientific ambit and becoming part of the broader
set of intellectual property rights that are fundamental to the
functioning and positioning of capitalist enterprise. The corporatization of the production of culture and knowledge thus brought
about a decisive break from the Romantic model that singularized
authorship in the person of the author. The production of cultural
commodities nowadays involves a number of creative inputs from
both credited (but mostly unwaged) and uncredited (but mostly
waged) contributors. The “moral rights of the author,” a substantive
link between the work and the person of the author, are markedly
out of step with these realities, yet they still perform an important
function in the moral economy of reputation, which then serves as
the legitimation of copyright enforcement and monopoly. Moral
rights allow easy attribution; incentivize authors to subsidize
publishers by self-financing their own work in the hope of topping
the sales charts, rankings, or indexes; and help markets develop
along winner-takes-all principles.
The level of concentration in industries primarily concerned with
various forms of intellectual property rights is staggering. The film
industry is a US$88 billion industry dominated by six major studios
(PwC 2015c). The recorded music industry is an almost US$20
billion industry dominated by only three major labels (PwC 2015b).
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The publishing industry is a US$120 billion industry where the
leading ten companies earn in revenues more than the next forty
largest publishing groups (PwC 2015a; Wischenbart 2014).
The Oligopoly and Academic Publishing
Academic publishing in particular draws the state of play into stark
relief. It’s a US$10 billion industry dominated by five publishers and
financed up to 75 percent from library subscriptions. It’s notorious
for achieving extreme year-on-year profit margins—in the case of
Reed Elsevier regularly over 30 percent, with Taylor and Francis,
Springer, Wiley-Blackwell and Sage barely lagging behind (Larivière,
Haustein, and Mongeon 2015). Given that the work of contributing
authors is not paid but rather financed by their institutions (provided, that is, that they are employed at an institution) and that
these publications nowadays come mostly in the form of electronic
articles licensed under subscription for temporary use to libraries
and no longer sold as printed copies, the public interest could be
served at a much lower cost by leaving commercial closed-access
publishers out of the equation entirely.
But that cannot be done, of course. The chief reason for this is that
the system of academic reputation and ranking based on publish-
or-perish principles is historically entangled with the business of
academic publishers. Anyone who doesn’t want to put their academic career at risk is advised to steer away from being perceived
as reneging on that not-so-tacit deal. While this is patently clear
to many in academia, opting for the alternative of open access
means not playing by the rules, and not playing by the rules can
have real-life consequences, particularly for younger academics.
Early career scholars have to publish in prestigious journals if they
want to advance in the highly competitive and exclusive system of
academia (Kendzior 2012).
Copyright in academic publishing has thus become simply a mechanism of the direct transfer of economic power from producers to
publishers, giving publishers an instrument for maintaining their
stranglehold on the output of academia. But publishers also have
control over metrics and citation indexes, pandering to the authors
with better tools for maximizing their impact and self-promotion.
Reputation and copyright are extortive instruments that publishers
can wield against authors and the public to prevent an alternative
from emerging.9
The state of the academic publishing business signals how the
“copyright industries” in general might continue to control the
field as their distribution model now transitions to streaming or
licensed-access models. In the age of cloud computing, autonomous infrastructures run by communities of enthusiasts are
becoming increasingly a thing of the past. “Copyright industries,”
supported by the complicit legal system, now can pressure proxies
for these infrastructures, such as providers of server colocation,
virtual hosting, and domain-name network services, to enforce
injunctions for them without ever getting involved in direct, costly
infringement litigation. Efficient shutdowns of precarious shadow
systems allow for a corporate market consolidation wherein the
majority of streaming infrastructures end up under the control of a
few corporations.
Illegal Yet Justified, Collective Civil
Disobedience, Politicizing the Legal
However, when companies do resort to litigation or get involved in
criminal proceedings, they can rest assured that the prosecution
and judicial system will uphold their interests over the right of
public to access culture and knowledge, even when the irrationality
of the copyright system lies in plain sight, as it does in the case of
academic publishing. Let’s look at two examples:
On January 6, 2011, Aaron Swartz, a prominent programmer
and hacktivist, was arrested by the MIT campus police and U.S.
Secret Service on charges of having downloaded a large number
of academic articles from the JSTOR repository. While JSTOR, with
whom Swartz reached a settlement and to whom he returned the
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files, and, later, MIT, would eventually drop the charges, the federal
prosecution decided nonetheless to indict Swartz on thirteen
criminal counts, potentially leading to fifty years in prison and a
US$1 million fine. Under growing pressure by the prosecution
Swartz committed suicide on January 11, 2013.
Given his draconian treatment at the hands of the prosecution
and the absence of institutions of science and culture that would
stand up and justify his act on political grounds, much of Swartz’s
defense focused on trying to exculpate his acts, to make them less
infringing or less illegal than the charges brought against him had
claimed, a rational course of action in irrational circumstances.
However, this was unfortunately becoming an uphill battle as the
prosecution’s attention was accidentally drawn to a statement
written by Swartz in 2008 wherein he laid bare the dysfunctionality
of the academic publishing system. In his Guerrilla Open Access
Manifesto, he wrote: “The world’s entire scientific and cultural heritage, published over centuries in books and journals, is increasingly
being digitized and locked up by a handful of private corporations. . . . Forcing academics to pay money to read the work of their
colleagues? Scanning entire libraries but only allowing the folks at
Google to read them? Providing scientific articles to those at elite
universities in the First World, but not to children in the Global
South? It’s outrageous and unacceptable.” After a no-nonsense
diagnosis followed an even more clear call to action: “We need
to download scientific journals and upload them to file sharing
networks. We need to fight for Guerilla Open Access” (Swartz 2008).
Where a system has failed to change unjust laws, Swartz felt, the
responsibility was on those who had access to make injustice a
thing of the past.
Whether Swartz’s intent actually was to release the JSTOR repository remains subject to speculation. The prosecution has never
proven that it was. In the context of the legal process, his call to
action was simply taken as a matter of law and not for what it
was—a matter of politics. Yet, while his political action was pre-
empted, others have continued pursuing his vision by committing
small acts of illegality on a massive scale. In June 2015 Elsevier won
an injunction against Library Genesis, the largest illegal repository
of electronic books, journals, and articles on the Web, and its
subsidiary platform for accessing academic journals, Sci-hub. A
voluntary and noncommercial project of anonymous scientists
mostly from Eastern Europe, Sci-hub provides as of end of 2015
access to more than 41 million academic articles either stored
in its database or retrieved through bypassing the paywalls of
academic publishers. The only person explicitly named in Elsevier’s
lawsuit was Sci-hub’s founder Alexandra Elbakyan, who minced no
words: “When I was working on my research project, I found out
that all research papers I needed for work were paywalled. I was
a student in Kazakhstan at the time and our university was not
subscribed to anything” (Ernesto 2015). Being a computer scientist,
she found the tools and services on the internet that allowed her to
bypass the paywalls. At first, she would make articles available on
internet forums where people would file requests for the articles
they needed, but eventually she automated the process, making
access available to everyone on the open web. “Thanks to Elsevier’s
lawsuit, I got past the point of no return. At this time I either have
to prove we have the full right to do this or risk being executed like
other ‘pirates’ . . . If Elsevier manages to shut down our projects or
force them into the darknet, that will demonstrate an important
idea: that the public does not have the right to knowledge. . . .
Everyone should have access to knowledge regardless of their
income or affiliation. And that’s absolutely legal. Also the idea
that knowledge can be a private property of some commercial
company sounds absolutely weird to me” (Ernesto 2015).
If the issue of infringement is to become political, a critical mass
of infringing activity has to be achieved, access technologically
organized, and civil disobedience collectively manifested. Only in
this way do the illegal acts stand a chance of being transformed
into the legitimate acts.
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Where Law Was, there Politics Shall Be
And thus we have made a full round back to where we started. The
parallel development of liberalism, copyright, and capitalism has
resulted in a system demanding that the contemporary subject
act in accordance with two opposing tendencies: “more capitalist
than capitalist and more proletarian than proletariat” (Deleuze
and Guattari 1983, 34). Schizophrenia is, as Deleuze and Guattari
argue, a condition that simultaneously embodies two disjunctive
positions. Desire and blockage, flow and territory. Capitalism is
the constant decoding of social blockages and territorializations
aimed at liberating the production of desires and flows further
and further, only to oppose them at its extreme limit. It decodes
the old socius by means of private property and commodity
production, privatization and abstraction, the flow of wealth and
flows of workers (140). It allows contemporary subjects—including
corporate entities such as the MIT Press or Sony—to embrace their
contradictions and push them to their limits. But capturing them in
the orbit of the self-expanding production of value, it stops them
at going beyond its own limit. It is this orbit that the law sanctions
in the present, recoding schizoid subjects into the inevitability of
capitalism. The result is the persistence of a capitalist reality antithetical to common interest—commercial closed-access academic
publishing—and the persistence of a hyperproletariat—an intellectual labor force that is too subsumed to organize and resist the
reality that thrives parasitically on its social function. It’s a schizoid
impasse sustained by a failed metaphor.
The revolutionary events of the Paris Commune of 1871, its mere
“existence” as Marx has called it,10 a brief moment of “communal
luxury” set in practice as Kristin Ross (2015) describes it, demanded
that, in spite of any circumstances and reservations, one takes a
side. And such is our present moment of truth.
Digital networks have expanded the potential for access and
created an opening for us to transform the production of knowledge and culture in the contemporary world. And yet they have
likewise facilitated the capacity of intellectual property industries
to optimize, to cut out the cost of printing and physical distribution.
Digitization is increasingly helping them to control access, expand
copyright, impose technological protection measures, consolidate
the means of distribution, and capture the academic valorization
process.
As the potential opening for universalizing access to culture and
knowledge created by digital networks is now closing, attempts at
private legal reform such as Creative Commons licenses have had
only a very limited effect. Attempts at institutional reform such as
Open Access publishing are struggling to go beyond a niche. Piracy
has mounted a truly disruptive opposition, but given the legal
repression it has met with, it can become an agent of change only if
it is embraced as a kind of mass civil disobedience. Where law was,
there politics shall be.
Many will object to our demand to replace the law with politicization. Transitioning from politics to law was a social achievement
as the despotism of political will was suppressed by legal norms
guaranteeing rights and liberties for authors; this much is true. But
in the face of the draconian, failed juridical rationality sustaining
the schizoid impasse imposed by economic despotism, these developments hold little justification. Thus we return once more to the
words of Aaron Swartz to whom we remain indebted for political
inspiration and resolve: “There is no justice in following unjust laws.
It’s time to come into the light and, in the grand tradition of civil
disobedience, declare our opposition to this private theft of public
culture. . . . With enough of us, around the world, we’ll not just send
a strong message opposing the privatization of knowledge—we’ll
make it a thing of the past. Will you join us?” (Swartz 2008).
Notes
1
We initially named our project Public Library because we have developed it
as a technosocial project from a minimal definition that defines public library
as constituted by three elements: free access to books for every member of
a society, a library catalog, and a librarian (Mars, Zarroug and Medak, 2015).
However, this definition covers all public libraries and shadow libraries
complementing the work of public libraries in providing digital access. We have
thus decided to rename our project as Memory of the World, after our project’s
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initial domain name. This is a phrase coined by Henri La Fontaine, whose men-
66
tion we found in Markus Krajewski’s Paper Machines (2011). It turned out that
UNESCO runs a project under the same name with the objective to preserve
valuable archives for the whole of humanity. We have appropriated that objective. Given that this change has happened since we drafted the initial version
of this text in 2015, we’ll call our project in this text with a double name Public
Library/Memory of the World.
2
Sony Pictures Entertainment became the owner of two (MGM, Columbia Pictures) out of eight Golden Age major movie studios (“Major Film Studio,” Wikipedia 2015).
3
In 2012 Sony Music Entertainment is one of the Big Three majors (“Record
Label,” Wikipedia 2015).
4
Since this anecdote was recounted by Marcell in his opening keynote in the
Terms of Media II conference at Brown University, we have received another
batch of takedown notices from the MIT Press. It seemed as no small irony,
because at the time the Terms of Media conference reader was rumored to be
distributed by the MIT Press.
5
“In law, authorship is a point of origination of a property right which, thereafter, like other property rights, will circulate in the market, ending up in the
control of the person who can exploit it most profitably. Since copyright serves
paradoxically to vest authors with property only to enable them to divest that
property, the author is a notion which needs only to be sustainable for an
instant” (Bently 1994).
6
For more on the formal freedom of the laborer to sell his labor-power, see
chapter 6 of Marx’s Capital (1867).
7
For a more detailed account of the history of printing privilege in Great Britain,
but also the emergence of peer review out of the self-censoring performed by
the Royal Academy and Académie de sciences in return for the printing privilege, see Biagioli 2002.
8
The transition of authorship from honorific to professional is traced in Woodmansee 1996.
9
Not all publishers are necessarily predatory. For instance, scholar-led open-
access publishers, such as those working under the banner of Radical Open
Access (http://radicaloa.disruptivemedia.org) have been experimenting with
alternatives to the dominant publishing models, workflows, and metrics, radicalizing the work of conventional open access, which has by now increasingly
become recuperated by big for-profit publishers, who see in open access an
opportunity to assume the control over the economy of data in academia.
Some established academic publishers, too, have been open to experiments
that go beyond mere open access and are trying to redesign how academic
writing is produced, made accessible, and valorized. This essay has the good
fortune of appearing as a joint publication of two such publishers: Meson Press
and University of Minnesota Press.
10
“The great social measure of the Commune was its own working existence”
(Marx 1871).
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