Draft translation of a talk given at the seminar Informace mezi komoditou a komunitou [The Information Between Commodity and Community] held at Tranzitdisplay in Prague, Czech Republic, on May 6, 2014
My contribution has three parts. I will begin by sketching the current environment of publishing in general, move on to some of the specificities of publishing
in the humanities and art, and end with a brief introduction to the Monoskop
initiative I was asked to include in my talk.
I would like to thank Milos Vojtechovsky, Matej Strnad and CAS/FAMU for
the invitation, and Tranzitdisplay for hosting this seminar. It offers itself as an
opportunity for reflection for which there is a decent distance from a previous
presentation of Monoskop in Prague eight years ago when I took part in a new
media education workshop prepared by Miloš and Denisa Kera. Many things
changed since then, not only in new media, but in the humanities in general,
and I will try to articulate some of these changes from today’s perspective and
primarily from the perspective of publishing.
I. The Environment of Publishing
One change, perhaps the most serious, and which indeed relates to the humanities
publishing as well, is that from a subject that was just a year ago treated as a paranoia of a bunch of so called technological enthusiasts, is today a fact with which
the global public is well acquainted: we are all being surveilled. Virtually every
utterance on the internet, or rather made by means of the equipment connected
to it through standard protocols, is recorded, in encrypted or unencrypted form,
on servers of information agencies, besides copies of a striking share of these data
on servers of private companies. We are only at the beginning of civil mobilization towards reversal of the situation and the future is open, yet nothing suggests
so far that there is any real alternative other than “to demand the impossible.”
There are at least two certaintes today: surveillance is a feature of every communication technology controlled by third parties, from post, telegraphy, telephony
to internet; and at the same time it is also a feature of the ruling power in all its
variants humankind has come to know. In this regard, democracy can be also understood as the involvement of its participants in deciding on the scale and use of
information collected in this way.
I mention this because it suggests that also all publishing initiatives, from libraries,
through archives, publishing houses to schools have their online activities, back1
ends, shared documents and email communication recorded by public institutions–
which intelligence agencies are, or at least ought to be.
In regard to publishing houses it is notable that books and other publications today are printed from digital files, and are delivered to print over email, thus it is
not surprising to claim that a significant amount of electronically prepared publications is stored on servers in the public service. This means that besides being
required to send a number of printed copies to their national libraries, in fact,
publishers send their electronic versions to information agencies as well. Obviously, agencies couldn’t care less about them, but it doesn’t change anything on
the likely fact that, whatever it means, the world’s largest electronic repository of
publications today are the server farms of the NSA.
Information agencies archive publications without approval, perhaps without awareness, and indeed despite disapproval of their authors and publishers, as an
“incidental” effect of their surveillance techniques. This situation is obviously
radically different from a totalitarianism we got to know. Even though secret
agencies in the Eastern Bloc were blackmailing people to produce miserable literature as their agents, samizdat publications could at least theoretically escape their
attention.
This is not the only difference. While captured samizdats were read by agents of
flesh and blood, publications collected through the internet surveillance are “read”
by software agents. Both of them scan texts for “signals”, ie. terms and phrases
whose occurrences trigger interpretative mechanisms that control operative components of their organizations.
Today, publishing is similarly political and from the point of view of power a potentially subversive activity like it was in the communist Czechoslovakia. The
difference is its scale, reach and technique.
One of the messages of the recent “revelations” is that while it is recommended
to encrypt private communication, the internet is for its users also a medium of
direct contact with power. SEO, or search engine optimization, is now as relevant technique for websites as for books and other publications since all of them
are read by similar algorithms, and authors can read this situation as a political
dimension of their work, as a challenge to transform and model these algorithms
by texts.
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II. Techniques of research in the humanities literature
Compiling the bibliography
Through the circuitry we got to the audience, readers. Today, they also include
software and algorithms such as those used for “reading” by information agencies
and corporations, and others facilitating reading for the so called ordinary reader,
the reader searching information online, but also the “expert” reader, searching
primarily in library systems.
Libraries, as we said, are different from information agencies in that they are
funded by the public not to hide publications from it but to provide access to
them. A telling paradox of the age is that on the one hand information agencies
are storing almost all contemporary book production in its electronic version,
while generally they absolutely don’t care about them since the “signal” information lies elsewhere, and on the other in order to provide electronic access, paid or
direct, libraries have to costly scan also publications that were prepared for print
electronically.
A more remarkable difference is, of course, that libraries select and catalogize
publications.
Their methods of selection are determined in the first place by their public institutional function of the protector and projector of patriotic values, and it is reflected
in their preference of domestic literature, ie. literature written in official state languages. Methods of catalogization, on the other hand, are characterized by sorting
by bibliographic records, particularly by categories of disciplines ordered in the
tree structure of knowledge. This results in libraries shaping the research, including academic research, towards a discursivity that is national and disciplinary, or
focused on the oeuvre of particular author.
Digitizing catalogue records and allowing readers to search library indexes by their
structural items, ie. the author, publisher, place and year of publication, words in
title, and disciplines, does not at all revert this tendency, but rather extends it to
the web as well.
I do not intend to underestimate the value and benefits of library work, nor the
importance of discipline-centered writing or of the recognition of the oeuvre of
the author. But consider an author working on an article who in the early phase
of his research needs to prepare a bibliography on the activity of Fluxus in central Europe or on the use of documentary film in education. Such research cuts
through national boundaries and/or branches of disciplines and he is left to travel
not only to locate artefacts, protagonists and experts in the field but also to find
literature, which in turn makes even the mere process of compiling bibliography
relatively demanding and costly activity.
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In this sense, the digitization of publications and archival material, providing their
free online access and enabling fulltext search, in other words “open access”, catalyzes research across political-geographical and disciplinary configurations. Because while the index of the printed book contains only selected terms and for
the purposes of searching the index across several books the researcher has to have
them all at hand, the software-enabled search in digitized texts (with a good OCR)
works with the index of every single term in all of them.
This kind of research also obviously benefits from online translation tools, multilingual case bibliographies online, as well as second hand bookstores and small
specialized libraries that provide a corrective role to public ones, and whose “open
access” potential has been explored to the very small extent until now, but which
I won’t discuss here further for the lack of time.
Writing
The disciplinarity and patriotism are “embedded” in texts themselves, while I repeat that I don’t say this in a pejorative way.
Bibliographic records in bodies of texts, notes, attributions of sources and appended references can be read as formatted addresses of other texts, making apparent a kind of intertextual structure, well known in hypertext documents. However, for the reader these references are still “virtual”. When following a reference
she is led back to a library, and if interested in more references, to more libraries.
Instead, authors assume certain general erudition of their readers, while following references to their very sources is perceived as an exception from the standard
self-limitation to reading only the body of the text. Techniques of writing with
virtual bibliography thus affirm national-disciplinary discourses and form readers
and authors proficient in the field of references set by collections of local libraries
and so called standard literature of fields they became familiar with during their
studies.
When in this regime of writing someone in the Czech Republic wants to refer to
the work of Gilbert Simondon or Alexander Bogdanov, to give an example, the
effect of his work will be minimal, since there was practically nothing from these
authors translated into Czech. His closely reading colleague is left to try ordering
books through a library and wait for 3-4 weeks, or to order them from an online
store, travel to find them or search for them online. This applies, in the case of
these authors, for readers in the vast majority of countries worldwide. And we can
tell with certainty that this is not only the case of Simondon and Bogdanov but
of the vast majority of authors. Libraries as nationally and pyramidally situated
institutions face real challenges in regard to the needs of free research.
This is surely merely one aspect of techniques of writing.
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Reading
Reading texts with “live” references and bibliographies using electronic devices is
today possible not only to imagine but to realise as well. This way of reading
allows following references to other texts, visual material, other related texts of
an author, but also working with occurrences of words in the text, etc., bringing
reading closer to textual analysis and other interesting levels. Due to the time
limits I am going to sketch only one example.
Linear reading is specific by reading from the beginning of the text to its end,
as well as ‘tree-like’ reading through the content structure of the document, and
through occurrences of indexed words. Still, techniques of close reading extend
its other aspect – ‘moving’ through bibliographic references in the document to
particular pages or passages in another. They make the virtual reference plastic –
texts are separated one from another merely by a click or a tap.
We are well familiar with a similar movement through the content on the web
– surfing, browsing, and clicking through. This leads us to an interesting parallel: standards of structuring, composing, etc., of texts in the humanities has been
evolving for centuries, what is incomparably more to decades of the web. From
this stems also one of the historical challenges the humanities are facing today:
how to attune to the existence of the web and most importantly to epistemological consequences of its irreversible social penetration. To upload a PDF online is
only a taste of changes in how we gain and make knowledge and how we know.
This applies both ways – what is at stake is not only making production of the
humanities “available” online, it is not only about open access, but also about the
ways of how the humanities realise the electronic and technical reality of their
own production, in regard to the research, writing, reading, and publishing.
Publishing
The analogy between information agencies and national libraries also points to
the fact that large portion of publications, particularly those created in software,
is electronic. However the exceptions are significant. They include works made,
typeset, illustrated and copied manually, such as manuscripts written on paper
or other media, by hand or using a typewriter or other mechanic means, and
other pre-digital techniques such as lithography, offset, etc., or various forms of
writing such as clay tablets, rolls, codices, in other words the history of print and
publishing in its striking variety, all of which provide authors and publishers with
heterogenous means of expression. Although this “segment” is today generally
perceived as artists’ books interesting primarily for collectors, the current process
of massive digitization has triggered the revival, comebacks, transformations and
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novel approaches to publishing. And it is these publications whose nature is closer
to the label ‘book’ rather than the automated electro-chemical version of the offset
lithography of digital files on acid-free paper.
Despite that it is remarkable to observe a view spreading among publishers that
books created in software are books with attributes we have known for ages. On
top of that there is a tendency to handle files such as PDFs, EPUBs, MOBIs and
others as if they are printed books, even subject to the rules of limited edition, a
consequence of what can be found in the rise of so called electronic libraries that
“borrow” PDF files and while someone reads one, other users are left to wait in
the line.
Whilst, from today’s point of view of the humanities research, mass-printed books
are in the first place archives of the cultural content preserved in this way for the
time we run out of electricity or have the internet ‘switched off’ in some other
way.
III. Monoskop
Finally, I am getting to Monoskop and to begin with I am going to try to formulate
its brief definition, in three versions.
From the point of view of the humanities, Monoskop is a research, or questioning, whose object’s nature renders no answer as definite, since the object includes
art and culture in their widest sense, from folk music, through visual poetry to
experimental film, and namely their history as well as theory and techniques. The
research is framed by the means of recording itself, what makes it a practise whose
record is an expression with aesthetic qualities, what in turn means that the process of the research is subject to creative decisions whose outcomes are perceived
esthetically as well.
In the language of cultural management Monoskop is an independent research
project whose aim is subject to change according to its continual findings; which
has no legal body and thus as organisation it does not apply for funding; its participants have no set roles; and notably, it operates with no deadlines. It has a reach
to the global public about which, respecting the privacy of internet users, there
are no statistics other than general statistics on its social networks channels and a
figure of numbers of people and bots who registered on its website and subscribed
to its newsletter.
At the same time, technically said, Monoskop is primarily an internet website
and in this regard it is no different from any other communication media whose
function is to complicate interpersonal communication, at least due to the fact
that it is a medium with its own specific language, materiality, duration and access.
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Contemporary media
Monoskop has began ten years ago in the milieu of a group of people running
a cultural space where they had organised events, workshops, discussion, a festival,
etc. Their expertise, if to call that way the trace left after years spent in the higher
education, varied well, and it spanned from fine art, architecture, philosophy,
through art history and literary theory, to library studies, cognitive science and
information technology. Each of us was obviously interested in these and other
fields other than his and her own, but the praxis in naming the substance whose
centripetal effects brought us into collaboration were the terms new media, media
culture and media art.
Notably, it was not contemporary art, because a constituent part of the praxis was
also non-visual expression, information media, etc., so the research began with the
essentially naive question ‘of what are we contemporary?’. There had been not
much written about media culture and art as such, a fact I perceived as drawback
but also as challenge.
The reflection, discussion and critique need to be grounded in reality, in a wider
context of the field, thus the research has began in-field. From the beginning, the
website of Monoskop served to record the environment, including people, groups,
organizations, events we had been in touch with and who/which were more or
less explicitly affiliated with media culture. The result of this is primarily a social
geography of live media culture and art, structured on the wiki into cities, with
a focus on the two recent decades.
Cities and agents
The first aim was to compile an overview of agents of this geography in their
wide variety, from eg. small independent and short-lived initiatives to established
museums. The focus on the 1990s and 2000s is of course problematic. One of
its qualities is a parallel to the history of the World Wide Web which goes back
precisely to the early 1990s and which is on the one hand the primary recording
medium of the Monoskop research and on the other a relevant self-archiving and–
stemming from its properties–presentation medium, in other words a platform on
which agents are not only meeting together but potentially influence one another
as well.
http://monoskop.org/Prague
The records are of diverse length and quality, while the priorities for what they
consist of can be generally summed up in several points in the following order:
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1. Inclusion of a person, organisation or event in the context of the structure.
So in case of a festival or conference held in Prague the most important is to
mention it in the events section on the page on Prague.
2. Links to their web presence from inside their wiki pages, while it usually
implies their (self-)presentation.
http://monoskop.org/The_Media_Are_With_Us
3. Basic information, including a name or title in an original language, dates
of birth, foundation, realization, relations to other agents, ideally through
links inside the wiki. These are presented in narrative and in English.
4. Literature or bibliography in as many languages as possible, with links to
versions of texts online if there are any.
5. Biographical and other information relevant for the object of the research,
while the preference is for those appearing online for the first time.
6. Audiovisual material, works, especially those that cannot be found on linked
websites.
Even though pages are structured in the quasi same way, input fields are not structured, so when you create a wiki account and decide to edit or add an entry, the
wiki editor offers you merely one input box for the continuous text. As is the case
on other wiki websites. Better way to describe their format is thus articles.
There are many related questions about representation, research methodology,
openness and participation, formalization, etc., but I am not going to discuss them
due to the time constraint.
The first research layer thus consists of live and active agents, relations among
them and with them.
Countries
Another layer is related to a question about what does the field of media culture
and art stem from; what and upon what does it consciously, but also not fully
consciously, builds, comments, relates, negates; in other words of what it may be
perceived a post, meta, anti, retro, quasi and neo legacy.
An approach of national histories of art of the 20th century proved itself to be
relevant here. These entries are structured in the same way like cities: people,
groups, events, literature, at the same time building upon historical art forms and
periods as they are reflected in a range of literature.
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http://monoskop.org/Czech_Republic
The overviews are organised purposely without any attempts for making relations
to the present more explicit, in order to leave open a wide range of intepretations
and connotations and to encourage them at the same time.
The focus on art of the 20th century originally related to, while the researched
countries were mostly of central and eastern Europe, with foundations of modern
national states, formations preserving this field in archives, museums, collections
but also publications, etc. Obviously I am not saying that contemporary media
culture is necessarily archived on the web while art of the 20th century lies in
collections “offline”, it applies vice versa as well.
In this way there began to appear new articles about filmmakers, fine artists, theorists and other partakers in artistic life of the previous century.
Since then the focus has considerably expanded to more than a century of art and
new media on the whole continent. Still it portrays merely another layer of the
research, the one which is yet a collection of fragmentary data, without much
context. Soon we also hit the limit of what is about this field online. The next
question was how to work in the internet environment with printed sources.
Log
http://monoskop.org/log
When I was installing this blog five years ago I treated it as a side project, an offshoot, which by the fact of being online may not be only an archive of selected
source literature for the Monoskop research but also a resource for others, mainly
students in the humanities. A few months later I found Aaaarg, then oriented
mainly on critical theory and philosophy; there was also Gigapedia with publications without thematic orientation; and several other community library portals
on password. These were the first sources where I was finding relevant literature
in electronic version, later on there were others too, I began to scan books and catalogues myself and to receive a large number of scans by email and soon came to
realise that every new entry is an event of its own not only for myself. According
to the response, the website has a wide usership across all the continents.
At this point it is proper to mention the copyright. When deciding about whether
to include this or that publication, there are at least two moments always present.
One brings me back to my local library at the outskirts of Bratislava in the early
1990s and asks that if I would have found this book there and then, could it change
my life? Because books that did I was given only later and elsewhere; and here I
think of people sitting behind computers in Belarus, China or Kongo. And even
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if not, the latter is a wonder on whether this text has a potential to open up some
serious questions about disciplinarity or national discursivity in the humanities,
while here I am reminded by a recent study which claims that more than half
of academic publications are not read by more than three people: their author,
reviewer and editor. What does not imply that it is necessary to promote them
to more people but rather to think of reasons why is it so. It seems that the
consequences of the combination of high selectivity with open access resonate
also with publishers and authors from whom the complaints are rather scarce and
even if sometimes I don’t understand reasons of those received, I respect them.
Media technology
Throughout the years I came to learn, from the ontological perspective, two main
findings about media and technology.
For a long time I had a tendency to treat technologies as objects, things, while now
it seems much more productive to see them as processes, techniques. As indeed
nor the biologist does speak about the dear as biology. In this sense technology is
the science of techniques, including cultural techniques which span from reading,
writing and counting to painting, programming and publishing.
Media in the humanities are a compound of two long unrelated histories. One of
them treats media as a means of communication, signals sent from point A to the
point B, lacking the context and meaning. Another speaks about media as artistic
means of expression, such as the painting, sculpture, poetry, theatre, music or
film. The term “media art” is emblematic for this amalgam while the historical
awareness of these two threads sheds new light on it.
Media technology in art and the humanities continues to be the primary object of
research of Monoskop.
I attempted to comment on political, esthetic and technical aspects of publishing.
Let me finish by saying that Monoskop is an initiative open to people and future
and you are more than welcome to take part in it.
Dušan Barok
Written May 1-7, 2014, in Bergen and Prague. Translated by the author on May 10-13,
2014. This version generated June 10, 2014.
Bodo
Libraries in the Post-Scarcity Era
2015
Libraries in the Post-Scarcity Era
Balazs Bodo
Abstract
In the digital era where, thanks to the ubiquity of electronic copies, the book is no longer a scarce
resource, libraries find themselves in an extremely competitive environment. Several different actors are
now in a position to provide low cost access to knowledge. One of these competitors are shadow libraries
- piratical text collections which have now amassed electronic copies of millions of copyrighted works
and provide access to them usually free of charge to anyone around the globe. While such shadow
libraries are far from being universal, they are able to offer certain services better, to more people and
under more favorable terms than most public or research libraries. This contribution offers insights into
the development and the inner workings of one of the biggest scientific shadow libraries on the internet in
order to understand what kind of library people create for themselves if they have the means and if they
don’t have to abide by the legal, bureaucratic and economic constraints that libraries usually face. I argue
that one of the many possible futures of the library is hidden in the shadows, and those who think of the
future of libraries can learn a lot from book pirates of the 21 st century about how users and readers expect
texts in electronic form to be stored, organized and circulated.
“The library is society’s last non-commercial meeting place which the majority of the population uses.”
(Committee on the Public Libraries in the Knowledge Society, 2010)
“With books ready to be shared, meticulously cataloged, everyone is a librarian. When everyone is
librarian, library is everywhere.” – Marcell Mars, www.memoryoftheworld.org
I have spent the last few months in various libraries visiting - a library. I spent countless hours in the
modest or grandiose buildings of the Harvard Libraries, the Boston and Cambridge Public Library
systems, various branches of the Openbare Bibliotheek in Amsterdam, the libraries of the University of
Amsterdam, with a computer in front of me, on which another library was running, a library which is
perfectly virtual, which has no monumental buildings, no multi-million euro budget, no miles of stacks,
no hundreds of staff, but which has, despite lacking all what apparently makes a library, millions of
literary works and millions of scientific books, all digitized, all available at the click of the mouse for
everyone on the earth without any charge, library or university membership. As I was sitting in these
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Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate
physical spaces where the past seemed to define the present, I was wondering where I should look to find
the library of the future: down to my screen or up around me.
The library on my screen was Aleph, one of the biggest of the countless piratical text collections on the
internet. It has more than a million scientific works and another million literary works to offer, all free to
download, without any charge or fee, for anyone on the net. I’ve spent months among its virtual stacks,
combing through the catalogue, talking to the librarians who maintain the collection, and watching the
library patrons as they used the collection. I kept going back to Aleph both as a user and as a researcher.
As a user, Aleph offered me books that the local libraries around me didn’t, in formats that were more
convenient than print. As a researcher, I was interested in the origins of Aleph, its modus operandi, its
future, and I was curious where the journey to which it has taken the book-readers, authors, publishers
and libraries would end.
In this short essay I will introduce some of the findings of a two year research project conducted on
Aleph. In the project I looked at several things. I reconstructed the pirate library’s genesis in order to
understand the forces that called it to life and shaped its development. I looked at its catalogue to
understand what it has to offer and how that piratical supply of books is related to the legal supply of
books through libraries and online distributors. I also acquired data on its usage, so was able to
reconstruct some aspects of piratical demand. After a short introduction, in the first part of this essay I
will outline some of the main findings, and in the second part will situate the findings in the wider context
of the future of libraries.
Book pirates and shadow librarians
Book piracy has a fascinating history, tightly woven into the history of the printing press (Judge, 1934),
into the history of censorship (Wittmann, 2004), into the history of copyright (Bently, Davis, & Ginsburg,
2010; Bodó, 2011a) and into the history of European civilization (Johns, 2010). Book piracy, in the 21st or
in the mid-17th century is an activity that has deep cultural significance, because ultimately it is a story
about how knowledge is circulated beyond and often against the structures of political and economic
power (Bodó, 2011b), and thus it is a story about the changes this unofficial circulation of knowledge
brings.
There are many different types of book pirates. Some just aim for easy money, others pursue highly
ideological goals, but they are invariably powerful harbingers of change. The emergence of black markets
whether they be of culture, of drugs or of arms is always a symptom, a warning sign of a friction between
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Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate
supply and demand. Increased activity in the grey and black zones of legality marks the emergence of a
demand which legal suppliers are unwilling or unable to serve (Bodó, 2011a). That friction, more often
than not, leads to change. Earlier waves of book piracy foretold fundamental economic, political, societal
or technological shifts (Bodó, 2011b): changes in how the book publishing trade was organized (Judge,
1934; Pollard, 1916, 1920); the emergence of the new, bourgeois reading class (Patterson, 1968; Solly,
1885); the decline of pre-publication censorship (Rose, 1993); the advent of the Reformation and of the
Enlightenment (Darnton, 1982, 2003), or the rapid modernization of more than one nation (Khan &
Sokoloff, 2001; Khan, 2004; Yu, 2000).
The latest wave of piracy has coincided with the digital revolution which, in itself, profoundly upset the
economics of cultural production and distribution (Landes & Posner, 2003). However technology is not
the primary cause of the emergence of cultural black markets like Aleph. The proliferation of computers
and the internet has just revealed a more fundamental issue which all has to do with the uneven
distribution of the access to knowledge around the globe.
Sometimes book pirates do more than just forecast and react to changes that are independent of them.
Under certain conditions, they themselves can be powerful agents of change (Bodó, 2011b). Their agency
rests on their ability to challenge the status quo and resist cooptation or subjugation. In that effect, digital
pirates seem to be quite resilient (Giblin, 2011; Patry, 2009). They have the technological upper hand and
so far they have been able to outsmart any copyright enforcement effort (Bodó, forthcoming). As long as
it is not completely possible to eradicate file sharing technologies, and as long as there is a substantial
difference between what is legally available and what is in demand, cultural black markets will be here to
compete with and outcompete the established and recognized cultural intermediaries. Under this constant
existential threat, business models and institutions are forced to adapt, evolve or die.
After the music and audiovisual industries, now the book industry has to address the issue of piracy.
Piratical book distribution services are now in direct competition with the bookstore on the corner, the
used book stall on the sidewalk, they compete with the Amazons of the world and, like it or not, they
compete with libraries. There is, however, a significant difference between the book and the music
industries. The reluctance of music rights holders to listen to the demands of their customers caused little
damage beyond the markets of recorded music. Music rights holders controlled their own fates and those
who wanted to experiment with alternative forms of distribution had the chance to do so. But while the
rapid proliferation of book black markets may signal that the book industry suffers from similar problems
as the music industry suffered a decade ago, the actions of book publishers, the policies they pursue have
impact beyond the market of books and directly affect the domain of libraries.
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Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate
The fate of libraries is tied to the fate of book markets in more than one way. One connection is structural:
libraries emerged to remedy the scarcity in books. This is true both for the pre-print era as well as in the
Gutenberg galaxy. In the era of widespread literacy and highly developed book markets, libraries offer
access to books under terms publishers and booksellers cannot or would not. Libraries, to a large extent,
are defined to complement the structure of the book trade. The other connection is legal. The core
activities of the library (namely lending, copying) are governed by the same copyright laws that govern
authors and publishers. Libraries are one of the users in the copyright system, and their existence depends
on the limitations of and exceptions to the exclusive rights of the rights holders. The space that has been
carved out of copyright to enable the existence of libraries has been intensely contested in the era of
postmodern copyright (Samuelson, 2002) and digital technologies. This heavy legal and structural
interdependence with the market means that libraries have only a limited control over their own fate in the
digital domain.
Book pirates compete with some of the core services of libraries. And as is usually the case with
innovation that has no economic or legal constraints, pirate libraries offer, at least for the moment,
significantly better services than most of the libraries. Pirate libraries offer far more electronic books,
with much less restrictions and constraints, to far more people, far cheaper than anyone else in the library
domain. Libraries are thus directly affected by pirate libraries, and because of their structural
interdependence with book markets, they also have to adjust to how the commercial intermediaries react
to book piracy. Under such conditions libraries cannot simply count on their survival through their legacy.
Book piracy must be taken seriously, not just as a threat, but also as an opportunity to learn how shadow
libraries operate and interact with their users. Pirate libraries are the products of readers (and sometimes
authors), academics and laypeople, all sharing a deep passion for the book, operating in a zone where
there is little to no obstacle to the development of the “ideal” library. As such, pirate libraries can teach
important lessons on what is expected of a library, how book consumption habits evolve, and how
knowledge flows around the globe.
Pirate libraries in the digital age
The collection of texts in digital formats was one of the first activities that computers enabled: the text file
is the native medium of the computer, it is small, thus it is easy to store and copy. It is also very easy to
create, and as so many projects have since proved, there are more than enough volunteers who are willing
to type whole books into the machine. No wonder that electronic libraries and digital text repositories
were among the first “mainstream” application of computers. Combing through large stacks of matrix-
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printer printouts of sci-fi classics downloaded from gopher servers is a shared experience of anyone who
had access to computers and the internet before it was known as the World Wide Web.
Computers thus added fresh momentum to the efforts of realizing the age-old dream of the universal
library (Battles, 2004). Digital technologies offered a breakthrough in many of the issues that previously
posed serious obstacles to text collection: storage, search, preservation, access have all become cheaper
and easier than ever before. On the other hand, a number of key issues remained unresolved: digitization
was a slow and cumbersome process, while the screen proved to be too inconvenient, and the printer too
costly an interface between the text file and the reader. In any case, ultimately it wasn’t these issues that
put a break to the proliferation of digital libraries. Rather, it was the realization, that there are legal limits
to the digitization, storage, distribution of copyrighted works on the digital networks. That realization
soon rendered many text collections in the emerging digital library scene inaccessible.
Legal considerations did not destroy this chaotic, emergent digital librarianship and the collections the adhoc, accidental and professional librarians put together. The text collections were far too valuable to
simply delete them from the servers. Instead, what happened to most of these collections was that they
retreated from the public view, back into the access-controlled shadows of darknets. Yesterday’s gophers
and anonymous ftp servers turned into closed, membership only ftp servers, local shared libraries residing
on the intranets of various academic, business institutions and private archives stored on local hard drives.
The early digital libraries turned into book piracy sites and into the kernels of today’s shadow libraries.
Libraries and other major actors, who decided to start large scale digitization programs soon needed to
find out that if they wanted to avoid costly lawsuits, then they had to limit their activities to work in the
public domain. While the public domain is riddled with mind-bogglingly complex and unresolved legal
issues, but at least it is still significantly less complicated to deal with than copyrighted and orphan works.
Legally more innovative, (or as some would say, adventurous) companies, such as Google and Microsoft,
who thought they had sufficient resources to sort out the legal issues soon had to abandon their programs
or put them on hold until the legal issues were sorted out.
There were, however, a large group of disenfranchised readers, library patrons, authors and users who
decided to ignore the legal problems and set out to build the best library that could possibly be built using
the digital technologies. Despite the increased awareness of rights holders to the issue of digital book
piracy, more and more communities around text collections started defy the legal constraints and to
operate and use more or less public piratical shadow libraries.
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Aleph1
Aleph2 is a meta-library, and currently one of the biggest online piratical text collections on the internet.
The project started on a Russian bulletin board devoted to piracy in around 2008 as an effort to integrate
various free-floating text collections that circulated online, on optical media, on various public and private
ftp servers and on hard-drives. Its aim was to consolidate these separate text collections, many of which
were created in various Russian academic institutions, into a single, unified catalog, standardize the
technical aspects, add and correct missing or incorrect metadata, and offer the resulting catalogue,
computer code and the collection of files as an open infrastructure.
From Russia with love
It is by no means a mistake that Aleph was born in Russia. In post-Soviet Russia the unique constellation
of several different factors created the necessary conditions for the digital librarianship movement that
ultimately led to the development of Aleph. A rich literary legacy, the Soviet heritage, the pace with
which various copying technologies penetrated the market, the shortcomings of the legal environment and
the informal norms that stood in for the non-existent digital copyrights all contributed to the emergence of
the biggest piratical library in the history of mankind.
Russia cherishes a rich literary tradition, which suffered and endured extreme economic hardships and
political censorship during the Soviet period (Ermolaev, 1997; Friedberg, Watanabe, & Nakamoto, 1984;
Stelmakh, 2001). The political transformation in the early 1990’s liberated authors, publishers, librarians
and readers from much of the political oppression, but it did not solve the economic issues that stood in
the way of a healthy literary market. Disposable income was low, state subsidies were limited, the dire
economic situation created uncertainty in the book market. The previous decades, however, have taught
authors and readers how to overcome political and economic obstacles to access to books. During the
Soviet times authors, editors and readers operated clandestine samizdat distribution networks, while
informal book black markets, operating in semi-private spheres, made uncensored but hard to come by
books accessible (Stelmakh, 2001). This survivalist attitude and the skills that came with it became handy
in the post-Soviet turmoil, and were directly transferable to the then emerging digital technologies.
1
I have conducted extensive research on the origins of Aleph, on its catalogue and its users. The detailed findings, at
the time of writing this contribution are being prepared for publication. The following section is brief summary of
those findings and is based upon two forthcoming book chapters on Aleph in a report, edited by Joe Karaganis, on
the role of shadow libraries in the higher education systems of multiple countries.
2
Aleph is a pseudonym chosen to protect the identity of the shadow library in question.
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Russia is not the only country with a significant informal media economy of books, but in most other
places it was the photocopy machine that emerged to serve such book grey/black markets. In pre-1990
Russia and in other Eastern European countries the access to this technology was limited, and when
photocopiers finally became available, computers were close behind them in terms of accessibility. The
result of the parallel introduction of the photocopier and the computer was that the photocopy technology
did not have time to lock in the informal market of texts. In many countries where the photocopy machine
preceded the computer by decades, copy shops still capture the bulk of the informal production and
distribution of textbooks and other learning material. In the Soviet-bloc PCs instantly offered a less costly
and more adaptive technology to copy and distribute texts.
Russian academic and research institutions were the first to have access to computers. They also had to
somehow deal with the frustrating lack of access to up-to-date and affordable western works to be used in
education and research (Abramitzky & Sin, 2014). This may explain why the first batch of shadow
libraries started in a number of academic/research institutions such as the Department of Mechanics and
Mathematics (MexMat) at Moscow State University. The first digital librarians in Russia were
mathematicians, computer scientists and physicists, working in those institutions.
As PCs and internet access slowly penetrated Russian society, an extremely lively digital librarianship
movement emerged, mostly fuelled by enthusiastic readers, book fans and often authors, who spared no
effort to make their favorite books available on FIDOnet, a popular BBS system in Russia. One of the
central figures in these tumultuous years, when typed-in books appeared online by the thousands, was
Maxim Moshkov, a computer scientist, alumnus of the MexMat, and an avid collector of literary works.
His digital library, lib.ru was at first mostly a private collection of literary texts, but soon evolved into the
number one text repository which everyone used to depose the latest digital copy on a newly digitized
book (Мошков, 1999). Eventually the library grew so big that it had to be broken up. Today it only hosts
the Russian literary classics. User generated texts, fan fiction and amateur production was spin off into the
aptly named samizdat.lib.ru collection, low brow popular fiction, astrology and cheap romance found its
way into separate collections, and so did the collection of academic/scientific books, which started an
independent life under the name of Kolkhoz. Kolkhoz, which borrowed its name from the commons
based agricultural cooperative of the early Soviet era, was both a collection of scientific texts, and a
community of amateur librarians, who curated, managed and expanded the collection.
Moshkov and his library introduced several important norms into the bottom-up, decentralized, often
anarchic digital library movement that swept through the Russian internet in the late 1990’s, early 2000’s.
First, lib.ru provided the technological blueprint for any future digital library. But more importantly,
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Moshkov’s way of handling the texts, his way of responding to the claims, requests, questions, complaints
of authors and publishers paved the way to the development of copynorms (Schultz, 2007) that continue
to define the Russian digital library scene until today. Moshkov was instrumental in the creation of an
enabling environment for the digital librarianship while respecting the claims of authors, during times
when the formal copyright framework and the enforcement environment was both unable and unwilling to
protect works of authorship (Elst, 2005; Sezneva, 2012).
Guerilla Open Access
Around the time of the late 2000’s when Aleph started to merge the Kolkhoz collection with other, freefloating texts collections, two other notable events took place. It was in 2008 when Aaron Swartz penned
his Guerilla Open Access Manifesto (Swartz, 2008), in which he called for the liberation and sharing of
scientific knowledge. Swartz forcefully argued that scientific knowledge, the production of which is
mostly funded by the public and by the voluntary labor of academics, cannot be locked up behind
corporate paywalls set up by publishers. He framed the unauthorized copying and transfer of scientific
works from closed access text repositories to public archives as a moral act, and by doing so, he created
an ideological framework which was more radical and promised to be more effective than either the
creative commons (Lessig, 2004) or the open access (Suber, 2013) movements that tried to address the
access to knowledge issues in a more copyright friendly manner. During interviews, the administrators of
Aleph used the very same arguments to justify the raison d'être of their piratical library. While it seems
that Aleph is the practical realization of Swartz’s ideas, it is hard to tell which served as an inspiration for
the other.
It was also in around the same time when another piratical library, gigapedia/library.nu started its
operation, focusing mostly on making freely available English language scientific works (Liang, 2012).
Until its legal troubles and subsequent shutdown in 2012, gigapedia/library.nu was the biggest English
language piratical scientific library on the internet amassing several hundred thousand books, including
high-quality proofs ready to print and low resolution scans possibly prepared by a student or a lecturer.
During 2012 the mostly Russian-language and natural sciences focused Alephs absorbed the English
language, social sciences rich gigapedia/library.nu, and with the subsequent shutdown of
gigapedia/library.nu Aleph became the center of the scientific shadow library ecosystem and community.
Aleph by numbers
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By adding pre-existing text collections to its catalogue Aleph was able to grow at an astonishing rate.
Aleph added, on average 17.500 books to its collection each month since 2009, and as a result, by April
2014 is has more than 1.15 million documents. Nearly two thirds of the collection is in English, one fifth
of the documents is in Russian, while German works amount to the third largest group with 8.5% of the
collection. The rest of the major European languages, like French or Spanish have less than 15000 works
each in the collection.
More than 50 thousand publishers have works in the library, but most of the collection is published by
mainstream western academic publishers. Springer published more than 12% of the works in the
collection, followed by the Cambridge University Press, Wiley, Routledge and Oxford University Press,
each having more than 9000 works in the collection.
Most of the collection is relatively recent, more than 70% of the collection being published in 1990 or
after. Despite the recentness of the collection, the electronic availability of the titles in the collection is
limited. While around 80% of the books that had an ISBN number registered in the catalogue3 was
available in print either as a new copy or a second hand one, only about one third of the titles were
available in e-book formats. The mean price of the titles still in print was 62 USD according to the data
gathered from Amazon.com.
The number of works accessed through of Aleph is as impressive as its catalogue. In the three months
between March and June, 2012, on average 24.000 documents were downloaded every day from one of
its half-a-dozen mirrors.4 This means that the number of documents downloaded daily from Aleph is
probably in the 50 to 100.000 range. The library users come from more than 150 different countries. The
biggest users in terms of volume were the Russian Federation, Indonesia, USA, India, Iran, Egypt, China,
Germany and the UK. Meanwhile, many of the highest per-capita users are Central and Eastern European
countries.
What Aleph is and what it is not
Aleph is an example of the library in the post scarcity age. It is founded on the idea that books should no
longer be a scarce resource. Aleph set out to remove both sources of scarcity: the natural source of
3
Market availability data is only available for that 40% of books in the Aleph catalogue that had an ISBN number
on file. The titles without a valid ISBN number tend to be older, Russian language titles, in general with low
expected print and e-book availability.
4
Download data is based on the logs provided by one of the shadow library services which offers the books in
Aleph’s catalogue as well as other works also free and without any restraints or limitations.
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scarcity in physical copies is overcome through distributed digitization; the artificial source of scarcity
created by copyright protection is overcome through infringement. The liberation from both constraints is
necessary to create a truly scarcity free environment and to release the potential of the library in the postscarcity age.
Aleph is also an ongoing demonstration of the fact that under the condition of non-scarcity, the library can
be a decentralized, distributed, commons-based institution created and maintained through peer
production (Benkler, 2006). The message of Aleph is clear: users left to their own devices, can produce a
library by themselves for themselves. In fact, users are the library. And when everyone has the means to
digitize, collect, catalogue and share his/her own library, then the library suddenly is everywhere. Small
individual and institutional collections are aggregated into Aleph, which, in turn is constantly fragmented
into smaller, local, individual collections as users download works from the collection. The library is
breathing (Battles, 2004) books in and out, but for the first time, this circulation of books is not a zero
sum game, but a cumulative one: with every cycle the collection grows.
On the other hand Aleph may have lots of books on offer, but it is clear that it is neither universal in its
scope, nor does it fulfill all the critical functions of a library. Most importantly Aleph is disembedded
from the local contexts and communities that usually define the focus of the library. While it relies on the
availability of local digital collections for its growth, it has no means to play an active role in its own
development. The guardians of Aleph can prevent books from entering the collection, but they cannot
pay, ask or force anyone to provide a title if it is missing. Aleph is reliant on the weak copy-protection
technologies of official e-text repositories and the goodwill of individual document submitters when it
comes to the expansion of the collection. This means that the Aleph collection is both fragmented and
biased, and it lacks the necessary safeguards to ensure that it stays either current or relevant.
Aleph, with all its strengths and weaknesses carries an important lesson for the discussions on the future
of libraries. In the next section I’ll try situate these lessons in the wider context of the library in the post
scarcity age.
The future of the library
There is hardly a week without a blog post, a conference, a workshop or an academic paper discussing the
future of libraries. While existing libraries are buzzing with activity, librarians are well aware that they
need to re-define themselves and their institutions, as the book collections around which libraries were
organized slowly go the way the catalogue has gone: into the digital realm. It would be impossible to give
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a faithful summary of all the discussions on the future of libraries is such a short contribution. There are,
however, a few threads, to which the story of Aleph may contribute.
Competition
It is very rare to find the two words: libraries and competition in the same sentence. No wonder: libraries
enjoyed a near perfect monopoly in their field of activity. Though there may have been many different
local initiatives that provided free access to books, as a specialized institution to do so, the library was
unmatched and unchallenged. This monopoly position has been lost in a remarkably short period of time
due to the internet and the rapid innovations in the legal e-book distribution markets. Textbooks can be
rented, e-books can be lent, a number of new startups and major sellers offer flat rate access to huge
collections. Expertise that helps navigate the domains of knowledge is abundant, there are multiple
authoritative sources of information and meta-information online. The search box of the library catalog is
only one, and not even the most usable of all the different search boxes one can type a query in5.
Meanwhile there are plenty of physical spaces which offer good coffee, an AC plug, comfortable chairs
and low levels of noise to meet, read and study from local cafes via hacker- and maker spaces, to coworking offices. Many library competitors have access to resources (human, financial, technological and
legal) way beyond the possibilities of even the richest libraries. In addition, publishers control the
copyrights in digital copies which, absent of well fortified statutory limitations and exceptions, prevent
libraries keeping up with the changes in user habits and with the competing commercial services.
Libraries definitely feel the pressure. “Libraries’ offers of materials […] compete with many other offers
that aim to attract the attention of the public. […] It is no longer enough just to make a good collection
available to the public.” (Committee on the Public Libraries in the Knowledge Society, 2010) As a
response, libraries have developed different strategies to cope with this challenge. The common thread in
the various strategy documents is that they try to redefine the library as a node in the vast network of
institutions that provide knowledge, enable learning, facilitate cooperation and initiate dialogues. Some of
the strategic plans redefine the library space as an “independent medium to be developed” (Committee on
the Public Libraries in the Knowledge Society, 2010), and advise libraries to transform themselves into
culture and community centers which establish partnerships with citizens, communities and with other
public and private institutions. Some librarians propose even more radical ways of keeping the library
5
ArXiv, SSRN, RePEc, PubMed Central, Google Scholar, Google Books, Amazon, Mendeley, Citavi,
ResearchGate, Goodreads, LibraryThing, Wikipedia, Yahoo Answers, Khan Academy, specialized twitter and other
social media accounts are just a few of the available discovery services.
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relevant by, for example, advocating more opening hours without staff and hosting more user-governed
activities.
In the research library sphere, the Commission on the Future of the Library, a task force set up by the
University of California Berkeley defined the values the university research library will add in the digital
age as “1) Human expertise; 2) Enabling infrastructure; and 3) Preservation and dissemination of
knowledge for future generations.” (Commission on the Future of the Library, 2013). This approach is
from among the more conservative ones, still relying on the hope that libraries can offer something
unique that no one else is able to provide. Others, working at the Association of Research Libraries are
more like their public library counterparts, defining the future role of the research libraries as a “convener
of ‘conversations’ for knowledge construction, an inspiring host; a boundless symposium; an incubator;
a 3rd space both physically and virtually; a scaffold for independence of mind; and a sanctuary for
freedom of expression, a global entrepreneurial engine” (Pendleton-Jullian, Lougee, Wilkin, & Hilton,
2014), in other words, as another important, but in no way unique node in the wider network of
institutions that creates and distributes knowledge.
Despite the differences in priorities, all these recommendations carry the same basic message. The unique
position of libraries in the center of a book-based knowledge economy, on the top of the paper-bound
knowledge hierarchy is about to be lost. As libraries are losing their monopoly of giving low cost, low
restrictions access to books which are scarce by nature, and they are losing their privileged and powerful
position as the guardians of and guides to the knowledge stored in the stacks. If they want to survive, they
need to find their role and position in a network of institutions, where everyone else is engaged in
activities that overlap with the historic functions of the library. Just like the books themselves, the power
that came from the privileged access to books is in part dispersed among the countless nodes in the
knowledge and learning networks, and in part is being captured by those who control the digital rights to
digitize and distribute books in the digital era.
One of the main reasons why libraries are trying to redefine themselves as providers of ancillary services
is because the lack of digital lending rights prevents them from competing on their own traditional home
turf - in giving free access to knowledge. The traditional legal limitations and exceptions to copyright that
enabled libraries to fulfill their role in the analogue world do not apply in the digital realm. In the
European Union, the Infosoc Directive (“Directive 2001/29/EC on the harmonisation of certain aspects of
copyright and related rights in the information society,” 2001) allows for libraries to create digital copies
for preservation, indexing and similar purposes and allows for the display of digital copies on their
premises for research and personal study (Triaille et al., 2013). While in theory these rights provide for
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the core library services in the digital domain, their practical usefulness is rather limited, as off-premises
e-lending of copyrighted works is in most cases6 only possible through individual license agreements with
publishers.
Under such circumstances libraries complain that they cannot fulfill their public interest mission in the
digital era. What libraries are allowed to do under their own under current limitations and exceptions, is
seen as inadequate for what is expected of them. But to do more requires the appropriate e-lending
licenses from rights holders. In many cases, however, libraries simply cannot license digitally for e-lending. In those cases when licensing is possible, they see transaction costs as prohibitively high; they
feel that their bargaining positions vis-à-vis rightholders is unbalanced; they do not see that the license
terms are adapted to libraries’ policies, and they fear that the licenses provide publishers excessive and
undue influence over libraries (Report on the responses to the Public Consultation on the Review of the
EU Copyright Rules, 2013).
What is more, libraries face substantial legal uncertainties even where there are more-or-less well defined
digital library exceptions. In the EU, questions such as whether the analogue lending rights of libraries
extend to e-books, whether an exhaustion of the distribution right is necessary to enjoy the lending
exception, and whether licensing an e-book would exhaust the distribution right are under consideration
by the Court of Justice of the European Union in a Dutch case (Rosati, 2014b). And while in another case
(Case C-117/13 Technische Universität Darmstadt v Eugen Ulmer KG) the CJEU reaffirmed the rights of
European libraries to digitize books in their collection if that is necessary to give access to them in digital
formats on their premises, it also created new uncertainties by stating that libraries may not digitize their
entire collections (Rosati, 2014a).
US libraries face a similar situation, both in terms of the narrowly defined exceptions in which libraries
can operate, and the huge uncertainty regarding the limits of fair use in the digital library context. US
rights holders challenged both Google’s (Authors Guild v Google) and the libraries (Authors Guild v
HathiTrust) rights to digitize copyrighted works. While there seems to be a consensus of courts that the
mass digitization conducted by these institutions was fair use (Diaz, 2013; Rosati, 2014c; Samuelson,
2014), the accessibility of the scanned works is still heavily limited, subject to licenses from publishers,
the existence of print copies at the library and the institutional membership held by prospective readers.
While in the highly competitive US e-book market many commercial intermediaries offer e-lending
6
The notable exception being orphan works which are presumed to be still copyrighted, but without an identifiable
rights owner. In the EU, the Directive 2012/28/EU on certain permitted uses of orphan works in theory eases access
to such works, but in practice its practical impact is limited by the many constraints among its provisions. Lacking
any orphan works legislation and the Google Book Settlement still in limbo, the US is even farther from making
orphan works generally accessible to the public.
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licenses to e-book catalogues of various sizes, these arrangements also carry the danger of a commercial
lock-in of the access to digital works, and render libraries dependent upon the services of commercial
providers who may or may not be the best defenders of public interest (OECD, 2012).
Shadow libraries like Aleph are called into existence by the vacuum that was left behind by the collapse
of libraries in the digital sphere and by the inability of the commercial arrangements to provide adequate
substitute services. Shadow libraries are pooling distributed resources and expertise over the internet, and
use the lack of legal or technological barriers to innovation in the informal sphere to fill in the void left
behind by libraries.
What can Aleph teach us about the future of libraries?
The story of Aleph offers two, closely interrelated considerations for the debate on the future of libraries:
a legal and an organizational one. Aleph operates beyond the limits of legality, as almost all of its
activities are copyright infringing, including the unauthorized digitization of books, the unauthorized
mass downloads from e-text repositories, the unauthorized acts of uploading books to the archive, the
unauthorized distribution of books, and, in most countries, the unauthorized act of users’ downloading
books from the archive. In the debates around copyright infringement, illegality is usually interpreted as a
necessary condition to access works for free. While this is undoubtedly true, the fact that Aleph provides
no-cost access to books seems to be less important than the fact that it provides an access to them in the
first place.
Aleph is a clear indicator of the volume of the demand for current books in digital formats in developed
and in developing countries. The legal digital availability, or rather, unavailability of its catalogue also
demonstrates the limits of the current commercial and library based arrangements that aim to provide low
cost access to books over the internet. As mentioned earlier, Aleph’s catalogue is mostly of recent books,
meaning that 80% of the titles with a valid ISBN number are still in print and available as a new or used
print copy through commercial retailers. What is also clear, that around 66% of these books are yet to be
made available in electronic format. While publishers in theory have a strong incentive to make their most
recent titles available as e-books, they lag behind in doing so.
This might explain why one third of all the e-book downloads in Aleph are from highly developed
Western countries, and two third of these downloads are of books without a kindle version. Having access
to print copies either through libraries or through commercial retailers is simply not enough anymore.
Developing countries are a slightly different case. There, compared to developed countries, twice as many
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of the downloads (17% compared to 8% in developed countries) are of titles that aren’t available in print
at all. Not having access to books in print seems to be a more pressing problem for developing countries
than not having access to electronic copies. Aleph thus fulfills at least two distinct types of demand: in
developed countries it provides access to missing electronic versions, in developing countries it provides
access to missing print copies.
The ability to fulfill an otherwise unfulfilled demand is not the only function of illegality. Copyright
infringement in the case of Aleph has a much more important role: it enables the peer production of the
library. Aleph is an open source library. This means that every resource it uses and every resource it
creates is freely accessible to anyone for use without any further restrictions. This includes the server
code, the database, the catalogue and the collection. The open source nature of Aleph rests on the
ideological claim that the scientific knowledge produced by humanity, mostly through public funds
should be open for anyone to access without any restrictions. Everything else in and around Aleph stems
from this claim, as they replicate the open access logic in all the other aspects of Aleph’s operation. Aleph
uses the peer produced Open Library to fetch book metadata, it uses the bittorrent and ed2k P2P networks
to store and make books accessible, it uses Linux and MySQL to run its code, and it allows its users to
upload books and edit book metadata. As a consequence of its open source nature, anyone can contribute
to the project, and everyone can enjoy its benefits.
It is hard to quantify the impact of this piratical open access library on education, science and research in
various local contexts where Aleph is the prime source of otherwise inaccessible books. But it is
relatively easy to measure the consequences of openness at the level of the Aleph, the library. The
collection of Aleph was created mostly by those individuals and communities who decided to digitize
books by themselves for their own use. While any single individual is only capable of digitizing a few
books at the maximum, the small contributions quickly add up. To digitize the 1.15 million documents in
the Aleph collection would require an investment of several hundred million Euros, and a substantial
subsequent investment in storage, collection management and access provision (Poole, 2010). Compared
to these figures the costs associated with running Aleph is infinitesimal, as it survives on the volunteer
labor of a few individuals, and annual donations in the total value of a few thousand dollars. The hundreds
of thousands who use Aleph on a more or less regular basis have an immense amount of resources, and by
disregarding the copyright laws Aleph is able to tap into those resources and use them for the
development of the library. The value of these resources and of the peer produced library is the difference
between the actual costs associated with Aleph, and the investment that would be required to create
something remotely similar.
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Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate
The decentralized, collaborative mass digitization and making available of current, thus most relevant
scientific works is only possible at the moment through massive copyright infringement. It is debatable
whether the copyrighted corpus of scientific works should be completely open, and whether the blatant
disregard of copyrights through which Aleph achieved this openness is the right path towards a more
openly accessible body of scientific knowledge. It is also yet to be measured what effects shadow libraries
may have on the commercial intermediaries and on the health of scientific publishing and science in
general. But Aleph, in any case, is a case study in the potential benefits of open sourcing the library.
Conclusion
If we can take Aleph as an expression of what users around the globe want from a library, then the answer
is that there is a strong need for a universally accessible collection of current, relevant (scientific) books
in restrictions-free electronic formats. Can we expect any single library to provide anything even remotely
similar to that in the foreseeable future? Does such a service have a place in the future of libraries? It is as
hard to imagine the future library with such a service as without.
While the legal and financial obstacles to the creation of a scientific library with as universal reach as
Aleph may be difficult the overcome, other aspects of it may be more easily replicable. The way Aleph
operates demonstrates the amount of material and immaterial resources users are willing to contribute to
build a library that responds to their needs and expectations. If libraries plan to only ‘host’ user-governed
activities, it means that the library is still imagined to be a separate entity from its users. Aleph teaches us
that this separation can be overcome and users can constitute a library. But for that they need
opportunities to participate in the production of the library: they need the right to digitize books and copy
digital books to and from the library, they need the opportunity to participate in the cataloging and
collection building process, they need the opportunity to curate and program the collection. In other
words users need the chance to be librarians in the library if they wish to do so, and so libraries need to be
able to provide access not just to the collection but to their core functions as well. The walls that separate
librarians from library patrons, private and public collections, insiders and outsiders can all prevent the
peer production of the library, and through that, prevent the future that is the closest to what library users
think of as ideal.
16
Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate
References
Abramitzky, R., & Sin, I. (2014). Book Translations as Idea Flows: The Effects of the Collapse of
Communism
on
the
Diffusion
of
Knowledge
(No.
w20023).
Retrieved
from
http://papers.ssrn.com/abstract=2421123
Battles, M. (2004). Library: An unquiet history. WW Norton & Company.
Benkler, Y. (2006). The wealth of networks : how social production transforms markets and freedom.
New Haven: Yale University Press.
Bently, L., Davis, J., & Ginsburg, J. C. (Eds.). (2010). Copyright and Piracy An Interdisciplinary
Critique. Cambridge University Press.
Bodó, B. (2011a). A szerzői jog kalózai. Budapest: Typotex.
Bodó, B. (2011b). Coda: A Short History of Book Piracy. In J. Karaganis (Ed.), Media Piracy in
Emerging Economies. New York: Social Science Research Council.
Bodó, B. (forthcoming). Piracy vs privacy–the analysis of Piratebrowser. IJOC.
Commission on the Future of the Library. (2013). Report of the Commission on the Future of the UC
Berkeley Library. Berkeley: UC Berkeley.
Committee on the Public Libraries in the Knowledge Society. (2010). The Public Libraries in the
Knowledge Society. Copenhagen: Kulturstyrelsen.
Darnton, R. (1982). The literary underground of the Old Regime. Cambridge, Mass: Harvard University
Press.
Darnton, R. (2003). The Science of Piracy: A Crucial Ingredient in Eighteenth-Century Publishing.
Studies on Voltaire and the Eighteenth Century, 12, 3–29.
Diaz, A. S. (2013). Fair Use & Mass Digitization: The Future of Copy-Dependent Technologies after
Authors Guild v. Hathitrust. Berkeley Technology Law Journal, 23.
Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the
information society. (2001). Official Journal L, 167, 10–19.
Elst, M. (2005). Copyright, freedom of speech, and cultural policy in the Russian Federation.
Leiden/Boston: Martinus Nijhoff.
Ermolaev, H. (1997). Censorship in Soviet Literature: 1917-1991. Rowman & Littlefield.
Friedberg, M., Watanabe, M., & Nakamoto, N. (1984). The Soviet Book Market: Supply and Demand.
Acta Slavica Iaponica, 2, 177–192.
Giblin, R. (2011). Code Wars: 10 Years of P2P Software Litigation. Cheltenham, UK ; Northampton,
MA: Edward Elgar Publishing.
17
Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate
Johns, A. (2010). Piracy: The Intellectual Property Wars from Gutenberg to Gates. University Of
Chicago Press.
Judge, C. B. (1934). Elizabethan book-pirates. Cambridge: Harvard University Press.
Khan, B. Z. (2004). Does Copyright Piracy Pay? The Effects Of U.S. International Copyright Laws On
The Market For Books, 1790-1920. Cambridge, MA: National Bureau Of Economic Research.
Khan, B. Z., & Sokoloff, K. L. (2001). The early development of intellectual property institutions in the
United States. Journal of Economic Perspectives, 15(3), 233–246.
Landes, W. M., & Posner, R. A. (2003). The economic structure of intellectual property law. Cambridge,
Mass.: Harvard University Press.
Lessig, L. (2004). Free culture : how big media uses technology and the law to lock down culture and
control creativity. New York: Penguin Press.
Liang, L. (2012). Shadow Libraries. e-flux. Retrieved from http://www.e-flux.com/journal/shadowlibraries/
Patry, W. F. (2009). Moral panics and the copyright wars. New York: Oxford University Press.
Patterson, L. R. (1968). Copyright in historical perspective (p. vii, 264 p.). Nashville,: Vanderbilt
University Press.
Pendleton-Jullian, A., Lougee, W. P., Wilkin, J., & Hilton, J. (2014). Strategic Thinking and Design—
Research Library in 2033—Vision and System of Action—Part One. Colombus, OH: Association of
Research
membership-refines-strategic-thinking-and-design-at-spring-2014-meeting
Pollard, A. W. (1916). The Regulation Of The Book Trade In The Sixteenth Century. Library, s3-VII(25),
18–43.
Pollard, A. W. (1920). Shakespeare’s fight with the pirates and the problems of the transmission of his
text. Cambridge [Eng.]: The University Press.
Poole, N. (2010). The Cost of Digitising Europe’s Cultural Heritage - A Report for the Comité des Sages
of
the
European
Commission.
Retrieved
from
http://nickpoole.org.uk/wp-
content/uploads/2011/12/digiti_report.pdf
Report on the responses to the Public Consultation on the Review of the EU Copyright Rules. (2013).
European Commission, Directorate General for Internal Market and Services.
Rosati, E. (2014a). Copyright exceptions and user rights in Case C-117/13 Ulmer: a couple of
observations. IPKat. Retrieved October 08, 2014, from http://ipkitten.blogspot.co.uk/2014/09/copyrightexceptions-and-user-rights-in.html
18
Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate
Rosati, E. (2014b). Dutch court refers questions to CJEU on e-lending and digital exhaustion, and another
Dutch reference on digital resale may be just about to follow. IPKat. Retrieved October 08, 2014, from
http://ipkitten.blogspot.co.uk/2014/09/dutch-court-refers-questions-to-cjeu-on.html
Rosati, E. (2014c). Google Books’ Library Project is fair use. Journal of Intellectual Property Law &
Practice, 9(2), 104–106.
Rose, M. (1993). Authors and owners : the invention of copyright. Cambridge, Mass: Harvard University
Press.
Samuelson, P. (2002). Copyright and freedom of expression in historical perspective. J. Intell. Prop. L.,
10, 319.
Samuelson, P. (2014). Mass Digitization as Fair Use. Communications of the ACM, 57(3), 20–22.
Schultz, M. F. (2007). Copynorms: Copyright Law and Social Norms. Intellectual Property And
Information Wealth v01, 1, 201.
Sezneva, O. (2012). The pirates of Nevskii Prospekt: Intellectual property, piracy and institutional
diffusion in Russia. Poetics, 40(2), 150–166.
Solly, E. (1885). Henry Hills, the Pirate Printer. Antiquary, xi, 151–154.
Stelmakh, V. D. (2001). Reading in the Context of Censorship in the Soviet Union. Libraries & Culture,
36(1), 143–151.
Suber,
P.
(2013).
Open
Access
(Vol.
1).
Cambridge,
MA:
The
MIT
Press.
doi:10.1109/ACCESS.2012.2226094
Swartz,
A.
(2008).
Guerilla
Open
Access
Manifesto.
Aaron
Swartz.
Retrieved
from
https://archive.org/stream/GuerillaOpenAccessManifesto/Goamjuly2008_djvu.txt
Triaille, J.-P., Dusollier, S., Depreeuw, S., Hubin, J.-B., Coppens, F., & Francquen, A. de. (2013). Study
on the application of Directive 2001/29/EC on copyright and related rights in the information society (the
“Infosoc Directive”). European Union.
Wittmann, R. (2004). Highwaymen or Heroes of Enlightenment? Viennese and South German Pirates and
the German Market. Paper presented at the History of Books and Intellectual History conference.
Princeton University.
Yu, P. K. (2000). From Pirates to Partners: Protecting Intellectual Property in China in the Twenty-First
Century.
American
University
Law,
50.
Retrieved
from
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=245548
Мошков, М. (1999). Что вы все о копирайте. Лучше бы книжку почитали (Библиотеке копирайт не
враг). Компьютерры, (300).