Dockray, Pasquinelli, Smith & Waldorf
There is Nothing Less Passive than the Act of Fleeing
2010


# There is Nothing Less Passive than the Act of Fleeing

[The Public School](/web/20170523052416/http://journalment.org/author/public-
school)

What follows is a condensed and edited version of a text for a panel that was
presented at UCIRA’s _Future Tense: Alternative Arts and Economies in the
University_  conference held in San Diego, California on November 18, 2010.
The panel shared the same name as a 13-day itinerant seminar in Berlin
organized by Dockray, Waldorf, and Fiona Whitton earlier that year, in July.
The seminar began with an excerpt from Tiqqun’s _Introduction to Civil War_ ,
which was co-translated into English by Smith; and later read a chapter from
Pasquinelli’s _Animal Spirits: A Bestiary of the Commons_. Both authors have
also participated in meetings at The Public School in Los Angeles and Berlin.
Both the panel and the seminar developed out of longer conversations at The
Public School in Los Angeles, which began in late 2007 under Telic Arts
Exchange. The Public School is a school with no curriculum, where classes are
proposed and organized by the public.


## The Education Factory

The University as I understand it, has been a threshold between youth and the
labor market. Or it has been a threshold between a general education and a
more specialized one. In its more progressive form, it’s been a zone of
transition into an expanding middle class. But does this form still exist? I’m
inclined to think just the opposite, that the University is becoming a mean
for filtering people out of the middle class via student loan debt, which now
exceeds credit card debt. The point of the questions for me is simply what is
the point of the University? What are we fighting for or defending?

The next question might be, do students work? The University is a crucial site
in the reproduction of class relations; we know that students are consumers;
we know the student is a future worker who will be compelled to work, and work
in a specific way, because she/he is crushed by debt contracted during her/his
tenure as a student; we know that students work while attending school, and
that for many students school and work eerily begin to resemble one another.
But asking whether students work is to ask something more specific: do
students produce value and, therefore surplus-value? If we can assume, for the
moment, that students are a factor in the “knowledge production” that takes
place in the University, is this production of knowledge also the production
of value? We confront, maybe, a paradox: all social activity has become
“productive”—captured, absorbed—at the very moment value becomes unmeasurable.

What does this have to do with students, and their work? The thesis of the
social factory was supplemented by the assumption that knowledge had become a
central mode in the production of value in post-Fordist environments. Wouldn’t
this mean that the university could become an increasingly important
flashpoint in social struggles, now that it has become not simply the site of
the reproduction of the capital relation, but involved in the immediate
production process, directly productive of value? Would we have to understand
students themselves as, if not knowledge producers, an irreplaceable moment or
function within that process? None of this remains clear. The question is not
only a sociological one, it is also a political one. The strategy of
reconceptualizing students as workers is rooted in the classical Marxist
identification of revolt with the point of production, that is, exploitation.
To declare all social activity to be productive is another way of saying that
social war can be triggered at any site within society, even among the
precarious, the unemployed, and students.

_Knowledge is tied to struggle. To truly know is to hate truly. This is why
the working class can know and possess everything of capital, as it is enemy
to itself as capital._
—Tronti, 1966

That form of “hate” mentioned by Tronti is suggesting something interesting
form of political passion and a new modus operandi. The relation between hate
and knowledge, suggested by Tronti, is the opposite of the cynical detachment
of the new social figure of the entrepreneur-artist but it’s a joyful hate of
our condition. In order to educate ourselves we should hate our very own
environment and social network in which we were educated—the university. The
position of the artist in their work and the performance of themselves (often
no different) can take are manyfold. There are histories for all of these
postures that can be referenced and adopted. They are all acceptable tactics
as long as we keep doing and churning out more. But where does this get us,
both within the confines of the arts and the larger social structure? We are
taught that the artist is always working, thinking, observing. We have learned
the tricks of communication, performance and adaptability. We can go anywhere,
react to anything, respond in a thoughtful and creative way to all problems.
And we do this because while there is opportunity, we should take it. “We
shouldn’t complain, others have it much worse.” But it doesn’t mean that we
shouldn’t imagine something else. To begin thinking this way, it means a
refusal to deliver an event, to perform on demand. Maybe we need a kind of
inflexibility, of obstruction, of non-conductivity. After all, what exactly
are we producing and performing for? Can we try to think about these talents
of performance, of communication? If so, could this be the basis for an
intimacy, a friendship… another institution?


## Alternative pedagogical models

Let’s consider briefly the desire for “new pedagogical models” and “new forms
of knowledge production”. When articulated by the University, this simply
means new forms of instruction and new forms of research. Liberal faculty and
neoliberal politicians or administrators find themselves joined in this hunt
for future models and forms. On the one hand, faculty imagines that these new
techniques can provide space for continuing the good. On the other hand,
investors, politicians, and administrators look for any means to make the
University profitable; use unpaid labour, eliminate non-productive physical
spaces, and create new markets. Symptomatically, there is very little
resistance to this search for new forms and new models for the simple reason
that there is a consensus that the University should and will continue.

It’s also important to note that many of the so-called new forms and new
models being considered lie beyond the walls and payroll of the institution,
therefore both low-cost and low-risk. It is now a familiar story: the
institution attempts to renew itself by importing its own critique. The Public
School is not a new model and it’s not going to save the University. It is not
even a critique of the University any more or less than it is a critique of
the field of art or of capitalist society. It is not “the next university”
because it is a practice of leaving the University to the side. It would be a
mistake to think that this means isolation or total detachment.

Today, the forms of university governance cannot allow themselves to uproot
self-education. To the contrary, self-education constitutes a vital sap for
the survival of the institutional ruins, snatched up and rendered valuable in
the form of revenue. Governance is the trap, hasty and flexible, of the
common. Instead of countering us frontally, the enemy follows us. We must
immediately reject any weak interpretation of the theme of autonomous
institutions, according to which the institution is a self-governed structure
that lives between the folds of capitalism, without excessively bothering it.
The institutionalisation of self-education doesn’t mean being recognized as
one actor among many within the education market, but the capacity to organize
living knowledge’s autonomy and resistance.

One of the most important “new pedagogical models” that emerged over the past
year in the struggles around the implosion of the “public” university are the
occupations that took place in the Fall of 2009. Unlike other forms of action,
which tend to follow the timetable and cadence of the administration, to the
point of mirroring it, these actions had their own temporality, their own
initiative, their own internal logic. They were not at all concerned with
saving a university that was already in ruins, but rather with creating a
space at the heart of the University within which something else, some future,
could be risked, elaborated, prefigured. Everything had to be improvised, from
moment to moment, and in these improvisations new knowledges were developed
and shared. This improvisation was demanded by the aleatory quality of the
types of relations that emerged within these spaces, relations no longer
regulated by the social alibis that assigns everyone her/his place. When
students occupy university buildings—here in California, in NYC, in Puerto
Rico, in Europe and the UK, everywhere—they do so not because they want to
save their universities. They do so because they know the university for what
it is, as something to be at once seized and abandoned. They know that they
can only rely on and learn from one another.


## The Common and The Public

What is really so disconcerting about this antinomy between the logic of the
common and the logic of the social or the public? For Jacotot, it means the
development of a communist politics that is neither reformist nor seditious2.
It proposes the formation of common spaces at a distance from—if not outside
of—the public sphere and its communicative reason: “whoever forsakes the
workings of the social machine has the opportunity to make the electrical
energy of the emancipation machine.”

What does it mean to forsake the social machine? That is the major political
question facing us today. Such a forsaking would require that our political
energies organize themselves around spaces of experimentation at a distance
not only from the university and what is likely its slow-motion, or sudden,
collapse, but also from an entire imaginary inherited from the workers
movement: the task of a future social emancipation and vectors and forms of
struggle such a task implies. Perhaps what is required is not to put off
equality for the future, but presuppose the common, to affirm that commons as
a fact, a given, which must nevertheless be verified, created, not by a social
body, not by a collective force, but a power of the common, now.

School is not University. Neither is it Academy or College or even Institute.
We are all familiar with the common meaning of the word: it is a place for
learning. In another sense, it also refers to organized education in general,
which is made most clear by the decision to leave, to “drop out of school”.
Alongside these two stable, almost architectural definitions, the word
gestures to composition and movement—the school of bodies, moving
independently, together; the school only exists as long as that collective
movement does. The school takes shape in this oscillation between form and
formlessness, not through the act of constructing a wall but by the process of
realizing its boundary through practice.

Perhaps this is a way to think of how to develop what Felix Guattari called
“the associative sector” in 1982: “everything that isn’t the state, or private
capital, or even cooperatives”3. At first gloss, the associative sector is
only a name for the remainder, the already outside; but, in the language of a
school, it is a constellation of relationships, affinities, new
subjectivities, and movements, flickering into existence through life and use,
An “engaged withdrawal” that simultaneously creates an exit and institutes in
the act of passing through. Which itself might bring us back to school, to the
Greek etymology of school, skhole, “a holding back”, a “keeping clear” of
space for reflective distance. On the one hand, perhaps this reflective space
simply allows theoretical knowledge to shape or affect performative action;
but on the other hand, the production of this “clearing” is not given,
certainly not now and certainly not by the institutions that claim to give it.
Reflective space is not the precondition for performative action. On the
contrary; performative action is the precondition for reflective space—or,
more appropriately, space and action must be coproduced.

Is the University even worth “saving”? We are right to respond with
indignation, or better, with an array of tactics—some procedural, some more
“direct”—against these incursions, which always seem to authorize themselves
by appeals to economic austerity, budget shortfalls, and tightened belts.
Perhaps what is being destroyed in this process is the very notion of the
public sphere itself, a notion that. It is easy to succumb to the illusion
that the only possible result of this destruction of the figure of the public
is privatization. But what if the figure of the public was to be set off
against not only the private and property relations, but against a figure of
the “common” as well? What if, in other words, the notion of the public has
always been an unstable, mediating term between privatization and
communization, and what if the withering of this mediation left these two
process openly at odds with each other? Perhaps, then, it is not simply a
question of saving a university and, more broadly, a public space that is
already withering away; maybe our energies and our intelligence, our
collective or common intellectual forces, should be devoted to organizing and
articulating just this sort of counter-transition, at a distance from the
public and the private.


## Authorship and new forms of knowledge

For decades we have spoken about the “death of the author”. The most sustained
critiques of authorship have been made from the spheres of art and education,
but not coincidentally, these spheres have the most invested in the notion.
Credit and accreditation are the mechanisms for attaching symbolic capital to
individuals via degrees and other lines on CVs. The curriculum vitæ is an
inverted credit report, evidence of underpaid work, kept orderly with an
expectation of some future return.

All of this work, this self-documentation, this fidelity between ourselves and
our papers, is for what, for whom? And what is the consequence of a world
where every person is armed with their vitæ, other than “the war of all
against all?” It’s that sensation that there are no teams but everyone has got
their own jersey.

The idea behind the project The Public School is to teach each other in a very
horizontal way. No curriculum, no hierarchy. But is The Public School able to
produce new knowledge and new content by itself? Can the The Public School
become a sort of autonomous collective author? Or, is The Public School just
about exchanges and social networking?

In the recent history of university struggles, some collectives started to
refresh the idea of coresearch; a form of knowledge that can produce new
subjectivities by researching. New subjectivities that produce new knowledge
and new knowledge that produces new subjectivities If knowledge comes only
from conflict, knowledge goes back to conflict in order to produce new
autonomy and subjectivities.

### The Public School

Sean Dockray, Matteo Pasquinelli, Jason Smith and Caleb Waldorf are founding
members of and collaborators at The Public School. Initiated in 2007 under
Telic Arts Exchange (literally in the basement) in Los Angeles, The Public
School is a school with no curriculum. At the moment, it operates as follows:
first, classes are proposed by the public; then, people have the opportunity
to sign up for the classes; finally, when enough people have expressed
interest, the school finds a teacher and offers the class to those who signed
up. The Public School is not accredited, it does not give out degrees, and it
has no affiliation with the public school system. It is a framework that
supports autodidactic activities, operating under the assumption that
everything is in everything. The Public School currently exists in Los
Angeles, New York, Berlin, Brussels, Helsinki, Philadelphia, Durham, San Juan,
and is still expanding.


Mars, Medak & Sekulic
Taken Literally
2016


Taken literally
Marcell Mars
Tomislav Medak
Dubravka Sekulic

Free people united in building a society of
equals, embracing those whom previous
efforts have failed to recognize, are the historical foundation of the struggle against
enslavement, exploitation, discrimination
and cynicism. Building a society has never
been an easy-going pastime.
During the turbulent 20th century,
different trajectories of social transformation moved within the horizon set by
the revolutions of the 18th and 19th century: equality, brotherhood and liberty
– and class struggle. The 20th century experimented with various combinations
of economic and social rationales in the
arrangement of social reproduction. The
processes of struggle, negotiation, empowerment and inclusion of discriminated social groups constantly complexified and
dynamised the basic concepts regulating
social relations. However, after the process
of intensive socialisation in the form of either welfare state or socialism that dominated a good part of the 20th century, the
end of the century was marked by a return
in the regulation of social relations back
to the model of market domination and
private appropriation. Such simplification
and fall from complexity into a formulaic
state of affairs is not merely a symptom
of overall exhaustion, loss of imagination
and lacking perspective on further social
development, but rather indicates a cynical
abandonment of the effort to build society,
its idea, its vision – and, as some would
want, of society altogether.
In this article, we wish to revisit the
evolution of regulation of ownership in the
field of intellectual production and housing

as two examples of the historical dead-end
in which we find ourselves.
T H E C A P I TA L I S T M O D E
O F P RO D U C T I O N

According to the text-book definition, the
capitalist mode of production is the first
historical organisation of socio-economic relations in which appropriation of the
surplus from producers does not depend
on force, but rather on neutral laws of economic processes on the basis of which the
capitalist and the worker enter voluntarily
into a relation of production. While under
feudalism it was the aristocratic oligopoly
on violence that secured a hereditary hierarchy of appropriation, under capitalism the
neutral logic of appropriation was secured
by the state monopoly on violence. However, given that the early capitalist relations
in the English country-side did not emerge
outside the existing feudal inequalities, and
that the process of generalisation of capitalist relations, particularly after the rise of industrialisation, resulted in even greater and
even more hardened stratification, the state
monopoly on violence securing the neutral
logic of appropriation ended up mostly securing the hereditary hierarchy of appropriation. Although in the new social formation
neither the capitalist nor the worker was born
capitalist or born worker, the capitalist would
rarely become a worker and the worker a capitalist even rarer. However, under conditions
where the state monopoly on violence could
no longer coerce workers to voluntarily sell
their labour and where their resistance to
accept existing class relations could be

229

expressed in the withdrawal of their labour
power from the production process, their
consent would become a problem for the existing social model. That problem found its
resolution through a series of conflicts that
have resulted in historical concessions and
gains of class struggle ranging from guaranteed labor rights, through institutions of the
welfare state, to socialism.
The fundamental property relation
in the capitalist mode of production is that
the worker has an exclusive ownership over
his/her own labour power, while the capitalist has ownership over the means of production. By purchasing the worker's labour
power, the capitalist obtains the exclusive
right to appropriate the entire product of
worker's labour. However, as the regulation
of property in such unconditional formulaic
form quickly results in deep inequalities, it
could not be maintained beyond the early
days of capitalism. Resulting class struggles
and compromises would achieve a series of
conditions that would successively complexify the property relations.
Therefore, the issue of private property – which goods do we have the right to
call our own to the exclusion of others: our
clothes, the flat in which we live, means of
production, profit from the production process, the beach upon which we wish to enjoy
ourselves alone or to utilise by renting it out,
unused land in our neighbourhood – is not
merely a question of the optimal economic
allocation of goods, but also a question of
social rights and emancipatory opportunities that are required in order secure the
continuous consent of society's members to
its organisational arrangements.
230

Taken literally

OW NER S H I P R EG I M ES

Both the concept of private property over
land and the concept of copyright and
intellectual property have their shared
evolutionary beginnings during the early capitalism in England, at a time when
the newly emerging capitalist class was
building up its position in relation to the
aristocracy and the Church. In both cases, new actors entered into the processes
of political articulation, decision-making
and redistribution of power. However, the
basic process of ( re )defining relations has
remained ( until today ) a spatial demarcation: the question of who is excluded or
remains outside and how.
① In the early period of trade in books, after
the invention of the printing press in the 15th
century, the exclusive rights to commercial
exploitation of written works were obtained
through special permits from the Royal Censors, issued solely to politically loyal printers.
The copyright itself was constituted only in
the 17th century. It's economic function is to
unambiguously establish the ownership title
over the products of intellectual labour. Once
that title is established, there is a person with
whose consent the publisher can proceed in
commodifying and distributing the work to
the exclusion of others from its exploitation.
And while that right to economic benefit was
exclusively that of the publishers at the outset, as authors became increasingl aware that
the income from books guaranteed then an
autonomy from the sponsorship of the King
and the aristocracy, in the 19th century copyright gradually transformed into a legal right

that protected both the author and the publisher in equal measure. The patent rights underwent a similar development. They were
standardised in the 17th century as a precondition for industrial development, and were
soon established as a balance between the
rights of the individual-inventor and the
commercial interest of the manufacturer.
However, the balance of interests between the productive creative individuals
and corporations handling production and
distribution did not last long and, with
time, that balance started to lean further
towards protecting the interests of the corporations. With the growing complexity of
companies and their growing dependence
on intellectual property rights as instruments in 20th century competitive struggles, the economic aspect of intellectual
property increasingly passed to the corporation, while the author/inventor was
left only with the moral and reputational
element. The growing importance of intellectual property rights for the capitalist
economy has been evident over the last
three decades in the regular expansions of
the subject matter and duration of protection, but, most important of all – within
the larger process of integration of the capitalist world-system – in the global harmonisation and enforcement of rights protection. Despite the fact that the interests of
authors and the interests of corporations,
of the global south and the global north, of
the public interest and the corporate interest do not fall together, we are being given
a global and uniform – formulaic – rule of
the abstract logic of ownership, notwithstanding the diverging circumstances and

interests of different societies in the context of uneven development.
No-one is surprised today that, in
spite of their initial promises, the technological advances brought by the Internet,
once saddled with the existing copyright
regulation, did not enhance and expand
access to knowledge. But that dysfunction
is nowhere more evident than in academic publishing. This is a global industry of
the size of music recording industry dominated by an oligopoly of five major commercial publishers: Reed Elsevier, Taylor
& Francis, Springer, Wiley-Blackwell and
Sage. While scientists write their papers,
do peer-reviews and edit journals for free,
these publishers have over past decades
taken advantage of their oligopolistic position to raise the rates of subscriptions they
sell mostly to publicly financed libraries at
academic institutions, so that the majority of libraries, even in the rich centres of
the global north, are unable to afford access to many journals. The fantastic profit
margins of over 30% that these publishers
reap from year to year are premised on denying access to scientific publications and
the latest developments in science not only
to the general public, but also students and
scholars around the world. Although that
oligopoly rests largely on the rights of the
authors, the authors receive no benefit
from that copyright. An even greater irony is, if they want to make their work open
access to others, the authors themselves or
the institutions that have financed the underlying research through the proxy of the
author are obliged to pay additionally to
the publishers for that ‘service’. ×
231

② With proliferation of enclosures and
signposts prohibiting access, picturesque
rural arcadias became landscapes of capitalistic exploitation. Those evicted by the
process of enclosure moved to the cities
and became wage workers. Far away from
the parts of the cities around the factories,
where working families lived squeezed
into one room with no natural light and
ventilation, areas of the city sprang up in
which the capitalists built their mansions.
At that time, the very possibility of participation in political life was conditioned
on private property, thus excluding and
discriminating by legal means entire social
groups. Women had neither the right to
property ownership nor inheritance rights.
Engels' description of the humiliating
living conditions of Manchester workers in
the 19th century pointed to the catastrophic
effects of industrialisation on the situation
of working class ( e.g. lower pay than during
the pre-industrial era ) and indicated that
the housing problem was not a direct consequence of exploitation but rather a problem
arising from inequitable redistribution of
assets. The idea that living quarters for the
workers could be pleasant, healthy and safe
places in which privacy was possible and
that that was not the exclusive right of the
rich, became an integral part of the struggle
for labor rights, and part of the consciousness of progressive, socially-minded architects and all others dedicated to solving the
housing problem.
Just as joining forces was as the
foundation of their struggle for labor and
political rights, joining forces was and has
remained the mechanism for addressing the
232

Taken literally

inadequate housing conditions. As early as
during the 19th century, Dutch working class
and impoverished bourgeoisie joined forces
in forming housing co-operatives and housing societies, squatting and building without permits on the edges of the cities. The
workers' struggle, enlightened bourgeoisie,
continued industrial development, as well
as the phenomenon of Utopian socialist-capitalists like Jean-Baptiste André Godin, who, for example, under the influence
of Charles Fourier's ideas, built a palace for
workers – the Familistery, all these exerted
pressure on the system and contributed to
the improvement of housing conditions for
workers. Still, the dominant model continued to replicate the rentier system in which
even those with inadequate housing found
someone to whom they could rent out a segment of their housing unit.
The general social collapse after
World War I, the Socialist Revolution and
the coming to power in certain European
cities of the social-democrats brought new
urban strategies. In ‘red’ Vienna, initially
under the urban planning leadership of
Otto Neurath, socially just housing policy
and provision of adequate housing was regarded as the city's responsibility. The city
considered the workers who were impoverished by the war and who sought a way out
of their homelessness by building housing
themselves and tilling gardens as a phenomenon that should be integrated, and
not as an error that needed to be rectified.
Sweden throughout the 1930s continued
with its right to housing policy and served
as an example right up until the mid-1970s
both to the socialist and ( capitalist ) wel-

fare states. The idea of ( private ) ownership became complexified with the idea
of social ownership ( in Yugoslavia ) and
public/social housing elsewhere, but since
the bureaucratic-technological system responsible for implementation was almost
exclusively linked with the State, housing
ended up in unwieldy complicated systems
in which there was under-investment in
maintenance. That crisis was exploited as
an excuse to impose as necessary paradigmatic changes that we today regard as the
beginning of neo-liberal policies.
At the beginning of the 1980s in
Great Britain, Margaret Thatcher created an atmosphere of a state of emergency
around the issue of housing ownership
and, with the passing of the Housing Act
in 1980, reform was set in motion that
would deeply transform the lives of the
Brits. The promises of a better life merely
based on the opportunity to buy and become a ( private ) owner never materialised.
The transition from the ‘right to housing’ and the ‘right to ( participation in the
market through ) purchase’ left housing
to the market. There the prices first fell
drastically at the beginning of the 1990s.
That was followed by a financialisation
and speculation on the property market
making housing space in cities like London primarily an avenue of investment, a
currency, a tax haven and a mechanism
by which the rich could store their wealth.
In today's generation, working and lower
classes, even sometimes the upper middle
class can no longer even dream of buying
a flat in London. ×

P L AT F O R M I SAT I O N

Social ownership and housing – understood both literally as living space, but
also as the articulation of the right to decent life for all members of society – which
was already under attack for decades prior,
would be caught completely unprepared
for the information revolution and its
zero marginal cost economy. Take for
example the internet innovation: after a
brief period of comradely couch-surfing,
the company AirBnB in an even shorter period transformed from the service
allowing small enterprising home owners to rent out their vacant rooms into a
catalyst for amassing the ownership over
housing stock with the sole purpose of
renting it out through AirBnb. In the
last phase of that transformation, new
start-ups appeared that offered to the
newly consolidated feudal lords the service of easier management of their housing ‘fleet’, where the innovative approach
boils down to the summoning of service
workers who, just like Uber drivers, seek
out blue dots on their smart-phone maps
desperately rushing – in fear of bad rating,
for a minimal fee and no taxes paid – to
turn up there before their equally precarious competition does. With these innovations, the residents end up being offered
shorter and shorter but increasingly more
expensive contracts on rental, while in a
worse case the flats are left unoccupied
because the rich owner-investors have
realised that an unoccupied flat is a more
profitable deal than a risky investment in
a market in crisis.

233

The information revolution stepped out
onto the historical stage with the promise
of radical democratisation of communication, culture and politics. Anyone could
become the media and address the global
public, emancipate from the constrictive
space of identity, and obtain access to entire
knowledge of the world. However, instead
of resulting in democratising and emancipatory processes, with the handing over of
Internet and technological innovation to the
market in 1990s it resulted in the gradual
disruption of previous social arrangements
in the allocation of goods and in the intensification of the commodification process.
That trajectory reached its full-blown development in the form of Internet platforms
that simultaneously enabled old owners of
goods to control more closely their accessibility and permited new owners to seek out
new forms of commercial exploitation. Take
for example Google Books, where the process of digitization of the entire printed culture of the world resulted in no more than
ad and retail space where only few books
can be accessed for free. Or Amazon Kinde,
where the owner of the platform has such
dramatic control over books that on behest
of copyright holders it can remotely delete
a purchased copy of a book, as quite indicatively happened in 2009 with Orwell's 1984.
The promised technological innovation that
would bring a new turn of the complexity in
the social allocation of goods resulted in a
simplification and reduction of everything
into private property.
The history of resistance to such extreme forms of enclosure of culture and
knowledge is only a bit younger than the
234

Taken literally

processes of commodification themselves
that had begun with the rise of trade in
books. As early as the French Revolution,
the confiscation of books from the libraries
of clergy and aristocracy and their transfer
into national and provincial libraries signalled that the right of access to knowledge
was a pre-condition for full participation
in society. For its part, the British labor
movement of the mid-19th century had to
resort to opening workers' reading-rooms,
projects of proletarian self-education and
the class struggle in order to achieve the
establishment of the institution of public
libraries financed by taxes, and the right
thereby for access to knowledge and culture for all members of society.
SHAD OW P U B L I C L I B R A R I ES

Public library as a space of exemption from
commodification of knowledge and culture
is an institution that complexifies the unconditional and formulaic application of
intellectual property rights, making them
conditional on the public interest that all
members of the society have the right of
access to knowledge. However, with the
transition to the digital, public libraries
have been radically limited in acquiring
anything they could later provide a decommodified access to. Publishers do not
wish to sell electronic books to libraries,
and when they do decide to give them a
lending licence, that licence runs out after 26 lendings. Closed platforms for electronic publications where the publishers
technologically control both the medium
and the ways the work can be used take us

back to the original and not very well-conceived metaphor of ownership – anyone
who owns the land can literally control
everything that happens on that land –
even if that land is the collective process
of writing and reading. Such limited space
for the activity of public libraries is in radical contrast to the potentials for universal
access to all of culture and knowledge that
digital distribution could make possible
at a very low cost, but with considerable
change in the regulation of intellectual production in society.
Since such change would not be in the
interest of formulaic application of intellectual property, acts of civil disobedience to
that regime have over the last twenty years
created a number of 'shadow public libraries'
that provide universal access to knowledge
and culture in the digital domain in the way
that the public libraries are not allowed to:
Library Genesis, Science Hub, Aaaaarg,
Monoskop, Memory of the World or Ubuweb. They all have a simple objective – to
provide access to books, journals and digitised knowledge to all who find themselves
outside the rich academic institutions of the
West and who do not have the privilege of
institutional access.
These shadow public libraries bravely remind society of all the watershed moments in the struggles and negotiations
that have resulted in the establishment
of social institutions, so as to first enable
the transition from what was an unjust,
discriminating and exploitative to a better society, and later guarantee that these
gains would not be dismantled or rescinded. That reminder is, however, more than a

mere hacker pastime, just as the reactions
of the corporations are not easy-going at
all: in mid-2015, Reed Elsevier initiated
a court case against Library Genesis and
Science Hub and by the end of 2015 the
court in New York issued a preliminary
injunction ordering the shut-down of
their domains and access to the servers. At
the same time, a court case was brought
against Aaaaarg in Quebec.
Shadow public libraries are also a
reminder of how technological complexity does not have to be harnessed only in
the conversion of socialised resources back
into the simplified formulaic logic of private property, how we can take technology
in our hands, in the hands of society that is
not dismantling its own foundations, but
rather taking care of and preserving what
is worthwhile and already built – and thus
building itself further. But, most powerfully shadow public libraries are a reminder to us of how the focus and objective of
our efforts should not be a world that can
be readily managed algorithmically, but a
world in which our much greater achievement is the right guaranteed by institutions – envisioned, demanded, struggled
for and negotiated – a society. Platformisation, corporate concentration, financialisation and speculation, although complex
in themselves, are in the function of the
process of de-socialisation. Only by the
re-introduction of the complexity of socialised management and collective re-appropriation of resources can technological
complexity in a world of escalating expropriation be given the perspective of universal sisterhood, equality and liberation.

235

Dockray
Openings and Closings
2013


Militarization of campuses

Early, on a recent November morning, 400 Military Police with tear gas and helicopters arrested 72 people, almost all students of the University of Sao Paulo. Those people were occupying the Rectory in response to an other arrest – of 3 fellow students – which was itself a consequence of the contract that the university administration signed with the MP, an agreement inviting the police back onto campus after decades in which this presence was essentially prohibited. University “autonomy” had been established by Article 207 of the 1988 Brazilian Constitution to close a chapter on Brazil’s military rule, during which time the Military Police enforced a series of decrees aimed at eliminating opposition to the dictatorship, including the local articulation of the 1960’s student movement. The 1964 Suplicy de Lacerda law forbade student organizations from engaging in politics; in 1968, Institutional Act No. 5 did away with the writ of habeus corpus; and Decree 477 a year later gave university and education authorities the right to expel students and professors involved in protests. A similar provision of “university asylum” restricted the access of policemen onto Greece’s campuses for 35 years. Like Brazil, this measure was adopted after the fall of a military regime that had violently crushed student uprisings and, like Brazil, this prohibition on police incursions into campuses collapsed in 2011. Greek politicians abolished the law in order to more effectively implement austerity measures imposed by European financial interests. Ten days after the raid at the University of Sao Paulo, the chancellor of the University of California, Davis ordered police to clear a handful of tents from a campus quadrangle. Because the peaceful demonstration was planned in solidarity with other actions on UC campuses drawing inspiration from the “occupy movement,” police force swiftly and forcefully dismantled the encampment. Students were pepper-­‐sprayed at close range by a well-­‐armored policeman wearing little concern. Such examples of the militarization of university campuses have become more common, especially in the context of growing social unrest. In California, they demonstrate the continued influence of Ronald Reagan, not simply for implementing neoliberal policies that have slashed public programs, produced a trillion dollars in US student loan debt and contracted the middle class; but also for campaigning in 1966 for governor of California on a promise to crack down on campus activists, making partnerships with conservative school officials and the FBI in order to “clean out left-­‐wing elements” from the University of California. Linda Katehi – that UC Davis chancellor – was also an author of a 2011 report that recommended terminating university asylum to the Greek government. The report noted that “the politicization of students… represents a beyond-­‐reasonable involvement in the political process,” continuing on to state that “Greek University campuses are not secure” because of “elements that seek political instability.”

Mobilization of books

After the Military Police operation in Sao Paulo, the rector appeared on television to accuse the students of preparing Molotov cocktails; independent media, on the other hand, described the students carrying left-­‐wing books. Even more recently at UC Riverside, a contingent faculty member holding a cardboard shield that was painted to look like the cover of Figures of the Thinkable, by Cornelius Castoriadis, was dragged across the pavement by police and charged with a felony, “assault with a deadly weapon.” In Berkeley, students covered a plaza in books, open and facedown, after their tent occupation was broken up. Many of the crests and seals of universities feature a book, no doubt drawing on the book as both a symbol of knowledge and an actual repository for it. And by extension, books have been mobilized at various moments in recent occupations and protests to make material reference to education and the metastasizing knowledge economy. No doubt the use of radical theory literalizes an attempt to bridge theory and practice, while evoking a utopian imaginary, or simply taking Deleuze’s words at face value: “There is no need to fear or hope, but only to look for new weapons.” Against a background of library closures and cutbacks, as well as the concomitant demands for the humanities and social sciences to justify themselves in economic terms, it is as if books have come into view, desperately, like a rat in daylight. There is almost nowhere for them to go – the space in the remaining libraries is being given over to audio-­‐visual material, computer terminals, public programming, and cafes, while publishers are shifting to digital distribution models that are designed to circumvent libraries entirely. So books have come out onto the street. Militarization of Books When knowledge does escape the jurisdiction of both the state and the market, it’s often at the hands of students (both the officially enrolled and the autodidacts). For example, returning to Brazil, the average cost of required reading material for a freshman is more than six months of minimum wage pay, with up to half of the texts not available in Brazil or simply out of print. Unsurprisingly, a system of copy shops provides on-­‐demand chapters, course readers, and other texts; but the Brazilian Association of Reprographic Rights has been particularly hostile to the practice. One year before Sao Paulo, at the Federal University in Rio de Janeiro, seven armed police officers in three cars (accompanied by the Chief of the Delegation for the Repression of Immaterial Property Crimes) raided the Xerox room of the School of Social Work, arresting the operator of the machines and confiscating all illegitimate copies. Similar shows of force have proliferated ever since Brazilian copyright law was amended in 1998 to eliminate the exceptions that had previously afforded the right to copy books for educational purposes. This act of reproduction, felt by students and faculty to be inextricably linked to university autonomy and the right to education, coalesced into a movement by 2006, Copiar Livro é Direito! (Copying Books is a Right!) Illicit copies, when confiscated, usually are destroyed. In this sense, it is worthwhile to understand such an event as a contemporary form of censorship, certainly not out of any ideological disapproval of the publication’s actual content, but rather an objection to the manner of its circulation. Many books banned (and burned) during the dictatorship were obviously a matter of content – those that could “destroy society’s moral base” might “put into practice a subversive plan that places national security in danger.” Even if explicit sexuality, crime, and drug use within literature are generally tolerated today (not everywhere, of course) the rhetoric contained within the 1970 decree that instituted censorship is still alive in matters of circulation. During negotiations for the multi-­‐national Anti-­‐Counterfeiting Trade Agreement (ACTA), the Bush and Obama administrations denied the public information, stating that it was “properly classified in the interest of national security.” Certain parts of the negotiations became known through Wikileaks and ACTA was revealed as a vehicle for exporting American intellectual property enforcement. Protecting intellectual property is essential, politicians claim, to maintaining the American “way of life,” although today this has less to do with the moral base of the country than the economic base – workers and corporations. America, Obama said in reference to ACTA, would use the “full arsenal of tools available to crack down on practices that blatantly harm our businesses.” Universities, those institutions for the production of knowledge, are deeply embedded in struggles over intellectual property, and moreover deployed as instruments of national security. The National Security Higher Education Advisory Board, which includes (surprise) Linda Katehi, brings together select university presidents and chancellors with the FBI, CIA, and other agencies several times per year. Developed to address intellectual property at the level of cyber-­‐theft (preventing sensitive research from falling into the hands of terrorists) the congenial relationship between university administrations and the FBI raises the spectre of US government spying on student activists in the 1960’s and early 1970’s. Financialization of publishing To the side of such partnerships with the state, the forces of financialization have been absorbed into universities, again with the welcome of administrations. Towering US student loan debt is one very clear index; another, less apparent, but growing, is the highly controlled circulation of academic publishing, especially journals and textbooks. Although apparently marginal (or niche) in topic, the vertical structure of the corporations behind most journals is surprisingly large. The Dutch company Elsevier, for example, publishes 250,000 articles per year, and earned $1.6 billion (a profit margin of 36%) in 2010. Texts are written, peer reviewed, and edited on a voluntary basis (usually labor costs are externalized, for example to the state or university). They are sold back to university libraries at extraordinarily high prices, and the libraries are obliged to pay because their constituency relies on access to research as a material for further research. When the website library.nu was taken-­‐down recently for providing access to over 400,000 digital texts, it was not the major “commercial” publishers that were behind the action, but a coalition of 17 educational publishers, including Elsevier, Springer, Taylor and Francis, the Cambridge University Press, and Macmillan. On the heels of FBI raids on prominent torrent sites, and with a similar level of coordination, this publishers’ alliance hired private investigators to deploy software “specifically developed by IT experts” to secure evidence. In order to expand their profitability, corporate academic publishers exploit and reinforce entrenched hierarchies within the academia. Compensation comes in the forms of CV lines and disciplinary visibility; and it is that very validation that individuals need to find and secure employment at research institutions. “Publish or die” is not anything new, but as employment grows increasingly temporary and managerial systems for assessment and quantifying productivity proliferate, it has grown more ominous. Beyond intensifying internal hierarchies, this publishing situation has widened the gap between the university and the rest of the world (even as it subjects the exchange of knowledge to the logic of the stock market); publications are meant for current students and faculty only, and their legitimacy is regularly checked against ID cards, passwords, and other credentials. One without such legitimacy finds themselves on the wrong side of a paywall. Here, we discover the quotidian dimension to the militarization of the university, in the inconveniences of proximity cards, accounts, and login screens. If our contemporary forms of censorship are focused on the manner of a thing’s circulation, then systems of control would be oriented towards policing access. Reprographic machines and file-­‐sharing software are obvious targets but, with the advent of tablet computers (such as Apple’s iPad, marketed heavily towards students), so are actual textbooks. The practice of reselling textbooks, a yearly student money-­‐saving ritual that is perfectly legal under the first-­‐sale doctrine, has long represented lost revenue to publishers. So many, including MacMillan and McGraw-­‐Hill, have moved strongly into the e-­‐textbook market, which allows them to shut the door on the secondary market because students are no longer buying the things themselves, but only temporary access to the things.

Opening of Access

Open Access publishing articulates an alternative, in order to circumvent the entire parasitical apparatus and ultimately deliver texts to readers and researchers for free. In large part, its success depends on whether or not researchers choose to publish their work with OA journals or with pay-­‐for-­‐access ones. If many have chosen the latter, it is because of factors like reputation and the interrelation between publishing and departmental structures of advancement and power. Interestingly, it is institutions with the strongest reputations that are also pushing for more ‘openness.’ Princeton University formally adopted an open-­‐access policy in 2011 (the sixth Ivy League school to do so) in order to discourage the “fruits of [their] scholarship” from languishing “artificially behind a pay wall.” MIT has long promoted openness of its materials, from OpenCourseWare (2002) to its own Open Access policy (2009), to a new online learning infrastructure, MITx. Why is it that elite, private schools are so motivated to open themselves to the world? Would this not dilute their status? The answer is obvious: opening up their research gives their faculty more exposure; it produces a positive image of an institution that is generous and genuinely interested in generating knowledge; and ultimately it builds the university’s brand. They are not giving away degrees and certainly not research positions – rather they are mobilizing their intellectual capital to attract publicity, students, donations, and contracts. We can guess what ‘opening up the university’ means for the institution and the faculty, but what about for the students, including those who may not have the proper title, those learners not enrolled? MITx is an adaptation of the common practice of distance learning, which has a century-­‐and-­‐a-­‐half long history, beginning with the University of London’s External Programme. There are populist overtones (Charles Dickens called the External Programme the “People’s University”) to distance learning that coincide with the promises of public education more generally, namely making higher education available to those traditionally without means for it. History has provided us with less than desirable motivations for distance education – the Free University of Iran was said to have been desirable to the Shah’s regime because the students would never gather – but current western programs are influenced by other concerns. Beyond publicity and social conscience, many of these online learning programs are driven by economics. At the University of California, the Board of Regents launched a pilot program as part of a plan to close a 4.7 billion dollar budget gap, with the projection that such a program could add 25,000 students at 1.1% of the normal cost. Aside from MITx’s free component (it brings in revenue as well if people want to actually get “credit”) most of these distance-­‐learning offerings are immaterial commodities. UCLA Extension is developing curricula and courses for Encore Career Institute, a for-­‐profit venture bringing together Hollywood, Silicon Valley, and a chairwoman of the UC Regents, whose goal is to “deliver some of the fantastic intellectual property that UC has.” And even MITx is not without its restricted-­‐access bedfellows; its pilot online course requires a textbook, which is owned by Elsevier. Students are here conceived of truly as consumers of product, and education has become a subgenre of publication. The classroom and library are seen as inefficient mechanisms for delivering education to the masses or, for that matter, for the delivering the masses to creditors, advertisers, and content providers. Clearly, classrooms will continue to exist, especially in the centers for the reproduction of the elite, such as those proponents of Open Access previously mentioned. But everywhere else, post-­‐ classroom (and post-­‐library) education is exploding. Students do not gather here and they certainly don’t sit-­‐in or take over buildings; they don’t argue outside during a break, over a cigarette, nor do they pass books between themselves. I am not, however, a fatalist on this point – these may be networks of access managed by capital and policed by the state, but new collective forms and subjectivities are already emerging, exploiting or evading the logic of accounts, passwords, and access. They find each other across borders and across disciplines.

Negating Access

After the capitalist restructuring of the 1970s and 1980s, how do we understand the scenes of people clashing with police formations; the revival of campus occupations as a tactic; the disappearance of university autonomy; the withdrawal of learning into the disciplined walls of the academy; in short, how do we understand a situation that appears quite like before? One way – the theme of this essay – would be through the notion of “access.” If access has moved from a question of rights (who has access?) to a matter of legality and economics (what are the terms and price for access, for a particular person?) then over the past few decades we have witnessed access being turned inside-­‐out, in a manner reminiscent of Marx’s “double freedom” of the proletariat: having access to academic resources while not being able to access each other. Library cards, passwords, and keys are assigned to individuals; and so are contracts, degrees, loans, and grades. Students (and faculty) are individuated at every turn, perhaps no more clearly than in online learning where each body collapses into their own profile. Access is not so much a passage into a space as it is an apparatus enclosing the individual. (In this sense, Open Access is one configuration of this apparatus). Two projects that I have worked within over the past 7 years – a file-­‐sharing website for texts, AAAARG.ORG, and a proposal-­‐based learning platform, The Public School – are ongoing efforts in escaping this regime of access in order to create some room to actually understand all of these conditions, their connection to larger processes, and the possibilities for future action. The Public School has no curriculum, no degrees, and nothing to do with the public school system. It is simply a framework within which people propose ideas for things they want to learn about with others; a rotating committee might organize this proposal into an actual class, bringing together a group of strangers and friends who find a way to teach each other. AAAARG.ORG is a collective library comprised of scans, excerpts, and exports that members of its public have found important enough to share with each other. They are premised, in part, on the proposition that making these kinds of spaces is an active, contingent process requiring the coordination, invention, and self-­‐ reflection of many people over time. The creation of these kinds of spaces involves a negation of access, often bringing conflict to the surface. What this means is that the spaces are not territories on which pedagogy happens, but rather that the collective activity of making and defending these spaces is pedagogical.

In the militarized raids of campus occupations and knowledge-­‐sharing assemblages, the state is acting to both produce and defend a structure that generates wealth from the process of education. While there are occasional clashes over content, usually any content is acceptable that circulates through this structure, and the very failure to circulate (to attract grant funding, attention, or feedback) becomes the operative, soft form of suppression. A resistant pedagogy should look for openings – and if they don’t exist, break them open – where space grows from a refusal of access and circulation, borders and disciplines; from an improvised diffusion that generates its own laws and dynamics. But a cautionary note – any time new social relations are born out of such an opening in space and time, a confrontation with power is not far behind.

 

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