Elbakyan
Why Science is Better with Communism The Case of Sci-Hub transcript and translation
2016
# Transcript and translation of Sci-Hub presentation
_The University of North Texas 's [Open Access Symposium
2016](/symposium/2016/) included [a presentation via Skype by Alexandra
Elbakyan](/symposium/2016/why-science-better-communism-case-sci-hub), the
founder of Sci-Hub. [Elbakyan's
slides](http://digital.library.unt.edu/ark:/67531/metadc850001/) (and those of
other presenters) have been archived in the UNT Digital Library, and [video of
this presentation](https://youtu.be/hr7v5FF5c8M) (and others) is now available
on YouTube and soon in the UNT Digital Library._
_The presentation was entitled "Why Science is Better with Communism? The Case
of Sci-Hub." Below is an edited transcript of the presentation produced by
Regina Anikina and Kevin Hawkins, with a translation by Kevin Hawkins and Anna
Pechenina._
**Martin Halbert** : We have a recent addition to our lineup of speakers that
we'll start off the day with: Alexandra Elbakyan. As many of you know,
Alexandra is a Kazakhstani graduate student, computer programmer, and the
creator of the controversial Sci-Hub site. The New York Times has compared her
to Edward Snowden for leaking information and because she avoids American law,
but Ars Technica has compared her to Aaron Swartz--so a controversial figure.
We thought it was very important to include her in the dialog about open
access because we want, in this symposium series, to include all the different
perspectives on copyright, intellectual property, open access, and access to
scholarly information. So I'm delighted that we're actually able to have her
here via Skype to present.
---
**Alexandra Elbakyan** : First of all, thank you for inviting me to share my
views. My name is Alexandra. As you might have guessed, I represent the site
Sci-Hub. It was founded in 2011 and immediately became popular among the local
community, almost immediately began providing access to about 40 articles an
hour and now providing more than 200,000.
It has to be said that over the course of the site's development it was
strongly supported by donations, and when for various reasons we had to
suspend the service, there were many displeased users who clamored for the
project to return so that the work in their laboratory could continue.
This is the case not just in poor countries; I can say that in rich countries
the public also doesn't have access to scholarly articles. And not all
universities have subscriptions to those resources that are required for
research.
A few of our users insisted that we start charging users, for example, by
allowing one or two articles to be downloaded for free but charging for more,
so that the service would be supported by those who really need it. But I
didn't end up doing that because the goal of the resource is knowledge for
all.
Certain open-access advocates criticize the site, saying that what we really
need is for articles to be in open access from the start, by changing the
business models of publishers. I can respond by saying that the goal of the
project is first and foremost the dissemination of scholarly knowledge in
society, and we have to work in the conditions we find ourselves in. Of
course, if scholarly publishers had a different business model, then perhaps
this project wouldn't be necessary. We can also imagine that if humans had
wings, we wouldn't need airplanes. But in any case we need to fly, so we make
airplanes.
Scholarly publishers quickly dubbed the work of Sci-Hub as piracy. Admittedly
Sci-Hub violates the laws of copyright, but copyright is related to the rights
of intellectual property. That is, scholarly articles are the property of
publishers, and reading them for free turns out to be something like theft
according to the current law.
The concept of intellectual property itself is not new, although it can seem
otherwise. The history of copyright goes back to around the 18th century,
although the first mentions of something similar can be found in the Talmud.
It's just that recently copyright has been found at the center of passionate
debate since some are trying to forbid the free distribution of information in
the internet.
However, the central focus of the debate is on censorship and privacy. The
defense of intellectual property in the internet requires censorship of
websites, and that is consequently a violation of freedom of speech. This also
raises a question of interference in private life - that is, when the
government in some way monitors users who violate copyright. In principle this
is also an intrusion in communication.
However, the very essence of copyright - that is, the concept of intellectual
property - is almost never questioned. That is, whether knowledge can be
someone's property is rarely discussed.
However, our ancestors were even more daring. They did not just question
intellectual property but property in general. That is, there are works in
which we can find the appearance of the idea of communism. There's Thomas
More's _Utopia_ from the 16th century, but actually such works arose much
earlier, even in Ancient Greece where these questions were already been
discussed in 391 BCE.
If we look at the slogans of communism, we see that one of the core concepts
is the struggle against inequality, the revolt of the suppressed classes,
whose members don't have any power against those who have concentrated basic
resources and power in their hands, with the goal of redistributing these
resources.
We can see that even today there is a certain informational inequality, when,
for example, only students and employees of the most wealthy universities have
full access to scholarly information, while access can be completely lacking
for institutions at the next lower tier and for the general public.
An idea arises: if there isn't private property, then there's no basis for
unequal distribution of wealth. In our case as well: if there's no private
intellectual property and all scholarly publications are nationalized, then
all people will have equal access to knowledge.
However, a question arises: if there is no private property, then what can
stimulate a person to work? One of the ideas is that under communism, rather
than greed or aspiration for wealth being a stimulus for work, a person would
aspire to self-development and learning for the betterment of the world.
Even if such values can't be applied to society as a whole, they at least work
in the world of scholarship. Therefore in the Soviet Union there was a true
cult of science - statues were even erected to the glory of science - and
perhaps thanks to this our country was one of the first to go into space.
However, it's one thing to have a revolution, when there's a mass
redistribution of property in society, but an act of theft is another thing.
This, of course, is not yet a revolution, but it's a small protest against the
property rights and the unequal distribution of wealth. Theft as protest has
always been welcomed and approved of in all eras of society. For example, we
all know about Robin Hood, but there have actually been quite a few noble
bandits in history. I've listed just a few of them.
I think that if the state works well, then accordingly it has a working tax
system and a certain system of redistribution of wealth, and then,
accordingly, there's no cause for revolution, for example. But if for some
reasons the state works poorly, then people begin to solve the problem for
themselves. In this way, Sci-Hub is an appropriate response to the inequality
that has arisen due to lack of access to information.
Pictured is Aldar Köse, a Kazakh folk hero who used his cunning to deceive
wealthy beys and take possession of their property. It's interesting to note
that beys are always depicted as greedy and stupid. And if you look at what's
written in the blogosphere today about scholarly publishers, you can find
these same characteristics.
There's also the interesting figure of the ancient Greek god Hermes, the
patron of thieves. That is, theft was a sufficiently respected activity that
it had its own god.
There's a researcher named Norman Brown who wrote an academic work called
_Hermes the Thief: The Evolution of a Myth_. It turns out that this myth is
related to a certain revolution in ancient Greek society, when the lower
classes, which lacked property, began to rise up.
For example, the poet Theognis of Megara wrote that "those who were nothing
became everything" and vice versa. This is essentially one of the most well-
known communist slogans.
For the ancient Greeks this was related, again as Brown says, to the
appearance of trade. Trade was identified with theft. There was no clear
distinction between the exchange of legal and illegal goods - that is, trade
was just as much considered theft as what we call piracy today.
Why did it turn out this way? Because Hermes was originally a god of
boundaries and transitions. Therefore, we can think that property is related
to keeping something within boundaries. At the same time, the things that
Hermes protected - theft, trade and communication - are related to boundary-
crossing.
If we think about scholarly journals, then any journal is first of all a means
of communication, and therefore it's apparent that keeping journals in closed
access contradicts the essence of what they were intended for.
This is, of course, not even the most interesting thing.
Hermes actually evolved - that is, while he was once an intellectual deity, he
later came to be interpreted as the same as Thoth, the Egyptian god of
knowledge, and further came to oversee such things as astrology, alchemy, and
magic - that is, the things from which, you might say, contemporary sciences
arose. So we can say that contemporary science arose from theft.
Of course, someone can object, saying that contemporary science is very
different from esoterica, such as astrology and alchemy, but if we look at the
history of science, we see that contemporary science differs from the ancient
arts in the former being more open.
That is, when the movement towards greater openness appeared, contemporary
science also appeared. Once again this is not an argument in support of
scholarly publishers.
Indeed, in the cultural consciousness science and the process of learning have
always been closely associated with theft, beginning with the legend of Adam
and Eve and the forbidden tree, which is called simply "the tree of
knowledge." And it's interesting that Elsevier's logo depicts some kind of
tree, which, accordingly, raises associations with this tree in the Garden of
Eden - the tree of knowledge - from which it was forbidden to eat the fruit.
Likewise we can recall the well-known legend of Prometheus, a part of our
cultural consciousness, who stole some knowledge and brought it to humans.
Once again we see the connection between science and theft.
Nowadays, many scholars have described science as the knowledge of secrets.
However, if we look closely, we have to ask: what is a secret? A secret is
something private, in essence private property. Accordingly, the disclosure of
the secret signifies that it ceases to be property. Once again we see the
contradiction between scholarship and property rights.
We can recall Robert Merton, who studied research institutes and revealed four
basic ethical norms that in his opinion are important for their successful
functioning. One of them is communism - that is, knowledge is shared.
Accordingly, if we look at certain traditional communities, then we find that
those communities that function within a caste system (dividing people by
occupation) usually turn out to have certain castes of people with
intellectual occupations, and if you look at the ethical norms of such castes,
you find that they are also communistic. You can find this, for example, in
Plato. Or even if you look at India, you find the accumulation of wealth is
usually the occupation of another caste.
To sum up, we have the following take-aways. Science, as a part of culture, is
in conflict with private property. Accordingly, scholarly communication is a
dual conflict. What open access is doing is returning science to its essential
roots.
**Audience question** : I'm a former university press director. I'd just like
to point out also that "property is theft" is the watchword of French
anarchism, a famous phrase from Pierre-Joseph Proudhon, so perhaps anarchism
and science are also inseparable. But my main question really has to do with a
challenge that a librarian named Rick Anderson posted on the Scholarly Kitchen
blog two days ago, and that has to do with the fact that evidently Sci-Hub
relies a lot on the access codes that faculty have given to Sci-Hub in one way
or another so that Sci-Hub can gain access to the electronic materials that it
then uses to post on its own site. What Anderson does is points out that if
that information falls into the wrong hands, there are all sorts of terrible
things that can be done because those access codes provide access to personal
information, to student data, to all sorts of other things that could be badly
misused, so my question to you is what assurances can you give us that that
kind of information will not fall into the wrong hands.
**Elbakyan** : Well, first of all I doubt that it's possible to gain access to
all the information that is listed in the post on the Scholarly Kitchen. As a
rule, these logins and passwords can only be used for access to the proxy
server through which you can download articles, whereas for access to other
things, such as email, the login and password won't work. [ _Audience reacts
with skepticism._ ]
**Audience question** : Earlier this week a number of us participated in a
panel presentation on scholarly publishing and social justice, and one of the
primary points that came out of that was that the people who create the
published product - not necessarily the scientist but the people who actually
do the work that results in the published product - deserve to be paid for
their labor, and there is definitely labor involved. So if you're replacing
the market for these publications and eliminating these people's opportunities
to make money, where is the appropriate distribution of wealth.
**Elbakyan** : First of all, we shouldn't confuse the compensation that a
person receives for their labor with the excessive profits that publishers
wring out by limiting access to information. For example, Sci-Hub also does a
fair amount of work and has high expenses, but these expenses are for some
reason covered by donations - that is, there's no need to close access to
information - that is, it's a red herring to say that if articles are
distributed for free, people won't have anything to eat. One does not follow
from the other. In my opinion, though, an optimal system for funding would
consist of grants, donations, and membership fees.
**Audience question** : You've spoken so far exclusively about Sci-Hub. I
wonder if you could comment just briefly on LibGen and whether you see the two
models as identical or whether there are any material differences between
LibGen and Sci-Hub.
**Elbakyan** : Well, LibGen is primarily a repository. It doesn't download
new articles but is more aimed at preserving that which has already been
downloaded.
»Public Library. Rethinking the Infrastructures of
Knowledge Production«
Exhibition at Württembergischer Kunstverein Stuttgart, 2014
**The present-day social model of authorship is co-substantive with the
normative regime of copyright. Copyright’s avowed role is to triangulate a
balance between the rights of authors, cultural industries, and the public.
Its legal foundation is in the natural right of the author over the products
of intellectual labor. The recurrent claims of the death of the author,
disputing the primacy of the author over the work, have failed to do much to
displace the dominant understanding of the artwork as an extension of the
personality of the author.**
The structuralist criticism positing an impersonal structuring structure
within which the work operates; the hypertexual criticism dissolving
boundaries of work in the arborescent web of referentiality; or the remix
culture’s hypostatisation of the collective and re-appropriative nature of all
creativity – while changing the meaning we ascribe to the works of culture –
have all failed to leave an impact on how the production of works is
normativized and regulated.
And yet the nexus author–work–copyright has transformed in fundamental ways,
however in ways opposite to what these openings in our social epistemology
have suggested. The figure of the creator, with the attendant apotheosis of
individual creativity and originality, is nowadays more forcefully than ever
before being mobilized and animated by the efforts to expand the exclusive
realm of exploitation of the work under copyright. The forcefulness though
speaks of a deep-seated neurosis, intimating that the purported balance might
not be what it is claimed to be by the copyright advocates. Much is revealed
as we descend into the hidden abode of production.
## _Of Copyright and Authorship_
Copyright has principally an economic function: to unambiguously establish
individualized property in the products of intellectual labor. Once the legal
title is unambiguously assigned, there is a property holder with whose consent
the contracting, commodification, and marketing of the work can proceed. In
that aspect, copyright is not very different from the requirement of formal
freedom that is granted to the laborer to contract out their own labor power
as a commodity to capital, allowing then the capital to maximize the
productivity and appropriate the products of the worker’s labor – which is in
terms of Marx »dead labor.« In fact, the analogy between the contracting of
labor force and the contracting of intellectual work does not stop there. They
also share a common history.
The liberalism of rights and the commodification of labor have emerged from
the context of waning absolutism and incipient capitalism in Europe of the
seventeenth and the eighteenth century. Before the publishers and authors
could have their monopoly over the exploitation of their publications
instituted in the form of copyright, they had to obtain a privilege to print a
book from royal censors. First printing privileges granted to publishers, for
instance in early seventeenth century Great Britain, came with the burden
placed on publishers to facilitate censorship and control over the
dissemination of the growing body of printed matter in the aftermath of the
invention of movable type printing.
The evolution of regulatory mechanisms of contemporary copyright from the
context of absolutism and early capitalism receives its full relief if one
considers how peer review emerged as a self-censoring mechanism within the
Royal Academy and the Académie des sciences. [1] The internal peer review
process helped the academies maintain the privilege to print the works of
their members, which was given to them only under the condition that the works
they publish limit themselves to matters of science and make no political
statements that could otherwise sour the benevolence of the monarch. Once they
expanded to print in their almanacs, journals, and books the works of authors
outside of the academy ranks, they both expanded their scientific authority
and their regulating function to the entire nascent field of modern science.
The transition from the privilege tied to the publisher to the privilege tied
to the natural person of the author would unfold only later. In Great Britain
this occurred as the guild of printers, Stationers’ Company, failed to secure
the extension of its printing privilege and thus, in order to continue with
the business of printing books, decided to advocate a copyright for the
authors instead, which resulted in the passing of the Copyright Act of 1709,
also known as the Statute of Anne. Thus the author became the central figure
in the regulation of literary and scientific production. Not only did the
author now receive the exclusive rights to the work, the author was also made
– as Foucault has famously analyzed – the identifiable subject of scrutiny,
censorship, and political sanction by the absolutist state or the church.
And yet, although the romantic author now took center stage, copyright
regulation, the economic compensation for the work, would long remain no more
than an honorary one. Until well into the eighteenth century literary writing
and creativity in general were regarded as resulting from the divine
inspiration and not from the individual genius of the author. Money earned in
the growing business with books mostly stayed in the hands of the publishers,
while the author received an honorarium, a flat sum that served as a »token of
esteem.« [2] It was only with the increasingly vocal demand by the authors to
secure material and political independence from the patronage and authority
that they started to make claims for rightful remuneration.
## _Of Compensation and Exploitation
_
The moment of full-blown affirmation of romantic author-function marks a
historic moment of redistribution and establishment of compromise between the
right of publishers to economic exploitation of the works and the right of
authors to rightful compensation for their works. Economically this was made
possible by the expanding market for printed books in the eighteenth and the
nineteenth century, while politically this was catalyzed by the growing desire
for autonomy of scientific and literary production from the system of feudal
patronage and censorship in gradually liberalizing modern capitalist
societies. The autonomy of production was substantially coupled to the
production for the market. However, the irenic balance could not last
unobstructed. Once the production of culture and science was subsumed under
the exigencies of the market, it had to follow the laws of commodification and
competition that no commodity production can escape.
With the development of big corporation and monopoly capitalism, [3] the
purported balance between the author and the publisher, the innovator or
scientist and the company, the labor and the capital, the public circulation
and the pressures of monetization has become unhinged. While the legislative
expansions of protections, court decisions, and multilateral treaties are
legitimated on basis of the rights of creators, they have become the economic
basis for the monopolies dominating the commanding heights of the global
economy to protect their dominant position in the world market. The levels of
concentration in the industries with large portfolios of various forms of
intellectual property rights is staggering. The film industry is a US$88
billion industry dominated by six major studios. The recorded music industry
is an almost US$20 billion industry dominated by three major labels. The
publishing industry is a US$120 billion industry, where the leading ten earn
in revenues more than the next 40 largest publishing groups. Among patent
holding industries, the situation is a little more diversified, but big patent
portfolios in general dictate the dynamics of market power.
Academic publishing in particular draws a stark relief of the state of play.
It is a US$10 billion industry dominated by five publishers, financed up to
75% from the subscriptions of libraries. It is notorious for achieving extreme
year on year profit margins – in the case of Reed Elsevier regularly well over
20%, with Taylor & Francis, Springer, and Wiley-Blackwell only just lagging
behind. [4] Given that the work of contributing authors is not paid, but
financed by their institutions (provided they are employed at an institution)
and that the publications nowadays come mostly in the form of electronic
articles licensed under subscription for temporary use to libraries and no
longer sold as printed copies, the public interest could be served at a much
lower cost by leaving commercial closed-access publishers out of the equation.
However, given the entrenched position of these publishers and their control
over the moral economy of reputation in academia, the public disservice that
they do cannot be addressed within the historic ambit of copyright. It
requires politicization.
## _Of Law and Politics_
When we look back on the history of copyright, before there was legality there
was legitimacy. In the context of an almost completely naturalized and
harmonized global regulation of copyright the political question of legitimacy
seems to be no longer on the table. An illegal copy is an object of exchange
that unsettles the existing economies of cultural production. And yet,
copyright nowadays marks a production model that serves the power of
appropriation from the author and market power of the publishers much more
than the labor of cultural producers. Hence the illegal copy is again an
object begging the question as to what do we do at a rare juncture when a
historic opening presents itself to reorganize how a good, such as knowledge
and culture, is produced and distributed in a society. We are at such a
juncture, a juncture where the regime regulating legality and illegality might
be opened to the questioning of its legitimacy or illegitimacy.
1. Jump Up For a more detailed account of this development, as well as for the history of printing privilege in Great Britain, see Mario Biagioli: »From Book Censorship to Academic Peer Review,« in: _Emergences:_ _Journal for the Study of Media & Composite Cultures _12, no. 1 [2002], pp. 11–45.
2. Jump Up The transition of authorship from honorific to professional is traced back in Martha Woodmansee: _The Author, Art, and the Market: Rereading the History of Aesthetics_. New York 1996.
3. Jump Up When referencing monopoly markets, we do not imply purely monopolistic markets, where one company is the only enterprise selling a product, but rather markets where a small number of companies hold most of the market. In monopolistic competition, oligopolies profit from not competing on prices. Rather »all the main players are large enough to survive a price war, and all it would do is shrink the size of the industry revenue pie that the firms are fighting over. Indeed, the price in an oligopolistic industry will tend to gravitate toward what it would be in a pure monopoly, so the contenders are fighting for slices of the largest possible revenue pie.« Robert W. McChesney: _Digital Disconnect: How Capitalism Is Turning the Internet Against Democracy_. New York 2013, pp. 37f. The immediate effect of monopolistic competition in culture is that the consumption is shaped to conform to the needs of the large enterprise, i.e. to accommodate the economies of scale, narrowing the range of styles, expressions, and artists published and promoted in the public.
4. Jump Up Vincent Larivière, Stefanie Haustein, and Philippe Mongeon: »The Oligopoly of Academic Publishers in the Digital Era,« in: _PLoS ONE_ 10, no. 6 [June 2015]: e0127502, doi:10.1371/journal.pone.0127502.
Tomislav Medak is a philosopher with interests in contemporary political
philosophy, media theory and aesthetics. He is coordinating the theory program
and publishing activities of the Multimedia Institute/MAMA (Zagreb/Croatia),
and works in parallel with the Zagreb-based theatre collective BADco.