SCI-HUB d/b/a WWW.SCI-HUB.ORG, THE LIBRARY GENESIS PROJECT d/b/a LIBGEN.ORG, ALEXANDRA ELBAKYAN, JOHN DOES 1-99,
Defendants.
Plaintiffs Elsevier Inc, Elsevier B.V., and Elsevier Ltd. (collectively “Elsevier”),
by their attorneys DeVore & DeMarco LLP, for their complaint against www.scihub.org,
www.libgen.org, Alexandra Elbakyan, and John Does 1-99 (collectively the “Defendants”),
allege as follows:
NATURE OF THE ACTION
1. This is a civil action seeking damages and injunctive relief for: (1) copyright infringement under the copyright laws of the United States (17 U.S.C. § 101 et seq.); and (2) violations of the Computer Fraud and Abuse Act, 18.U.S.C. § 1030, based upon Defendants’ unlawful access to, use, reproduction, and distribution of Elsevier’s copyrighted works. Defendants’ actions in this regard have caused and continue to cause irreparable injury to Elsevier and its publishing partners (including scholarly societies) for which it publishes certain journals.
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PARTIES
2. Plaintiff Elsevier Inc. is a corporation organized under the laws of Delaware, with its principal place of business at 360 Park Avenue South, New York, New York 10010.
3. Plaintiff Elsevier B.V. is a corporation organized under the laws of the Netherlands, with its principal place of business at Radarweg 29, Amsterdam, 1043 NX, Netherlands.
4. Plaintiff Elsevier Ltd. is a corporation organized under the laws of the United Kingdom, with its principal place of business at 125 London Wall, EC2Y 5AS United Kingdom.
5. Upon information and belief, Defendant Sci-Hub is an individual or organization engaged in the operation of the website accessible at the URL “www.sci-hub.org,” and related subdomains, including but not limited to the subdomain “www.sciencedirect.com.sci-hub.org,”
www.elsevier.com.sci-hub.org,” “store.elsevier.com.sci-hub.org,” and various subdomains
incorporating the company and product names of other major global publishers (collectively with www.sci-hub.org the “Sci-Hub Website”). The sci-hub.org domain name is registered by
“Fundacion Private Whois,” located in Panama City, Panama, to an unknown registrant. As of
the date of this filing, the Sci-Hub Website is assigned the IP address 31.184.194.81. This IP address is part of a range of IP addresses assigned to Petersburg Internet Network Ltd., a webhosting company located in Saint Petersburg, Russia.
6. Upon information and belief, Defendant Library Genesis Project is an organization which operates an online repository of copyrighted materials accessible through the website located at the URL “libgen.org” as well as a number of other “mirror” websites
(collectively the “Libgen Domains”). The libgen.org domain is registered by “Whois Privacy
Corp.,” located at Ocean Centre, Montagu Foreshore, East Bay Street, Nassau, New Providence,
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Bahamas, to an unknown registrant. As of the date of this filing, libgen.org is assigned the IP address 93.174.95.71. This IP address is part of a range of IP addresses assigned to Ecatel Ltd., a web-hosting company located in Amsterdam, the Netherlands.
7. The Libgen Domains include “elibgen.org,” “libgen.info,” “lib.estrorecollege.org,” and “bookfi.org.”
8. Upon information and belief, Defendant Alexandra Elbakyan is the principal owner and/or operator of Sci-Hub. Upon information and belief, Elbakyan is a resident of Almaty, Kazakhstan.
9. Elsevier is unaware of the true names and capacities of the individuals named as Does 1-99 in this Complaint (together with Alexandra Elbakyan, the “Individual Defendants”),
and their residence and citizenship is also unknown. Elsevier will amend its Complaint to allege the names, capacities, residence and citizenship of the Doe Defendants when their identities are learned.
10. Upon information and belief, the Individual Defendants are the owners and operators of numerous of websites, including Sci-Hub and the websites located at the various
Libgen Domains, and a number of e-mail addresses and accounts at issue in this case.
11. The Individual Defendants have participated, exercised control over, and benefited from the infringing conduct described herein, which has resulted in substantial harm to
the Plaintiffs.
JURISDICTION AND VENUE
12. This is a civil action arising from the Defendants’ violations of the copyright laws of the United States (17 U.S.C. § 101 et seq.) and the Computer Fraud and Abuse Act (“CFAA”),
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18.U.S.C. § 1030. Therefore, the Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331.
13. Upon information and belief, the Individual Defendants own and operate computers and Internet websites and engage in conduct that injures Plaintiff in this district, while
also utilizing instrumentalities located in the Southern District of New York to carry out the acts complained of herein.
14. Defendants have affirmatively directed actions at the Southern District of New York by utilizing computer servers located in the District without authorization and by
unlawfully obtaining access credentials belonging to individuals and entities located in the
District, in order to unlawfully access, copy, and distribute Elsevier's copyrighted materials
which are stored on Elsevier’s ScienceDirect platform.
15.
Defendants have committed the acts complained of herein through unauthorized
access to Plaintiffs’ copyrighted materials which are stored and maintained on computer servers
located in the Southern District of New York.
16.
Defendants have undertaken the acts complained of herein with knowledge that
such acts would cause harm to Plaintiffs and their customers in both the Southern District of
New York and elsewhere. Defendants have caused the Plaintiff injury while deriving revenue
from interstate or international commerce by committing the acts complained of herein.
Therefore, this Court has personal jurisdiction over Defendants.
17.
Venue in this District is proper under 28 U.S.C. § 1391(b) because a substantial
part of the events giving rise to Plaintiffs’ claims occurred in this District and because the
property that is the subject of Plaintiffs’ claims is situated in this District.
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FACTUAL ALLEGATIONS
Elsevier’s Copyrights in Publications on ScienceDirect
18.
Elsevier is a world leading provider of professional information solutions in the
Science, Medical, and Health sectors. Elsevier publishes, markets, sells, and licenses academic
textbooks, journals, and examinations in the fields of science, medicine, and health. The
majority of Elsevier’s institutional customers are universities, governmental entities, educational
institutions, and hospitals that purchase physical and electronic copies of Elsevier’s products and
access to Elsevier’s digital libraries. Elsevier distributes its scientific journal articles and book
chapters electronically via its proprietary subscription database “ScienceDirect”
(www.sciencedirect.com). In most cases, Elsevier holds the copyright and/or exclusive
distribution rights to the works available through ScienceDirect. In addition, Elsevier holds
trademark rights in “Elsevier,” “ScienceDirect,” and several other related trade names.
19.
The ScienceDirect database is home to almost one-quarter of the world's peer-
reviewed, full-text scientific, technical and medical content. The ScienceDirect service features
sophisticated search and retrieval tools for students and professionals which facilitates access to
over 10 million copyrighted publications. More than 15 million researchers, health care
professionals, teachers, students, and information professionals around the globe rely on
ScienceDirect as a trusted source of nearly 2,500 journals and more than 26,000 book titles.
20.
Authorized users are provided access to the ScienceDirect platform by way of
non-exclusive, non-transferable subscriptions between Elsevier and its institutional customers.
According to the terms and conditions of these subscriptions, authorized users of ScienceDirect
must be users affiliated with the subscriber (e.g., full-time and part-time students, faculty, staff
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and researchers of subscriber universities and individuals using computer terminals within the
library facilities at the subscriber for personal research, education or other non-corporate use.)
21.
A substantial portion of American research universities maintain active
subscriptions to ScienceDirect. These subscriptions, under license, allow the universities to
provide their faculty and students access to the copyrighted works within the ScienceDirect
database.
22.
Elsevier stores and maintains the copyrighted material available in ScienceDirect
on servers owned and operated by a third party whose servers are located in the Southern District
of New York and elsewhere. In order to optimize performance, these third-party servers
collectively operate as a distributed network which serves cached copies of Elsevier’s
copyrighted materials by way of particular servers that are geographically close to the user. For
example, a user that accesses ScienceDirect from a University located in the Southern District of
New York will likely be served that content from a server physically located in the District.
Authentication of Authorized University ScienceDirect Users
23.
Elsevier maintains the integrity and security of the copyrighted works accessible
on ScienceDirect by allowing only authenticated users access to the platform. Elsevier
authenticates educational users who access ScienceDirect through their affiliated university’s
subscription by verifying that they are able to access ScienceDirect from a computer system or
network previously identified as belonging to a subscribing university.
24.
Elsevier does not track individual educational users’ access to ScienceDirect.
Instead, Elsevier verifies only that the user has authenticated access to a subscribing university.
25.
Once an educational user authenticates his computer with ScienceDirect on a
university network, that computer is permitted access to ScienceDirect for a limited amount of
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time without re-authenticating. For example, a student could access ScienceDirect from their
laptop while sitting in a university library, then continue to access ScienceDirect using that
laptop from their dorm room later that day. After a specified period of time has passed, however,
a user will have to re-authenticate his or her computer’s access to ScienceDirect by connecting to
the platform through a university network.
26.
As a matter of practice, educational users access university networks, and thereby
authenticate their computers with ScienceDirect, primarily through one of two methods. First,
the user may be physically connected to a university network, for example by taking their
computer to the university’s library. Second, the user may connect remotely to the university’s
network using a proxy connection. Universities offer proxy connections to their students and
faculty so that those users may access university computing resources – including access to
research databases such as ScienceDirect – from remote locations which are unaffiliated with the
university. This practice facilitates the use of ScienceDirect by students and faculty while they
are at home, travelling, or otherwise off-campus.
Defendants’ Unauthorized Access to University Proxy Networks to Facilitate Copyright
Infringement
27.
Upon information and belief, Defendants are reproducing and distributing
unauthorized copies of Elsevier’s copyrighted materials, unlawfully obtained from
ScienceDirect, through Sci-Hub and through various websites affiliated with the Library Genesis
Project. Specifically, Defendants utilize their websites located at sci-hub.org and at the Libgen
Domains to operate an international network of piracy and copyright infringement by
circumventing legal and authorized means of access to the ScienceDirect database. Defendants’
piracy is supported by the persistent intrusion and unauthorized access to the computer networks
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of Elsevier and its institutional subscribers, including universities located in the Southern District
of New York.
28.
Upon information and belief, Defendants have unlawfully obtained and continue
to unlawfully obtain student or faculty access credentials which permit proxy connections to
universities which subscribe to ScienceDirect, and use these credentials to gain unauthorized
access to ScienceDirect.
29.
Upon information and belief, Defendants have used and continue to use such
access credentials to authenticate access to ScienceDirect and, subsequently, to obtain
copyrighted scientific journal articles therefrom without valid authorization.
30.
The Sci-Hub website requires user interaction in order to facilitate its illegal
copyright infringement scheme. Specifically, before a Sci-Hub user can obtain access to
copyrighted scholarly journals, articles, and books that are maintained by ScienceDirect, he must
first perform a search on the Sci-Hub page. A Sci-Hub user may search for content using either
(a) a general keyword-based search, or (b) a journal, article or book identifier (such as a Digital
Object Identifier, PubMed Identifier, or the source URL).
31.
When a user performs a keyword search on Sci-Hub, the website returns a proxied
version of search results from the Google Scholar search database. 1 When a user selects one of
the search results, if the requested content is not available from the Library Genesis Project, SciHub unlawfully retrieves the content from ScienceDirect using the access previously obtained.
Sci-Hub then provides a copy of that article to the requesting user, typically in PDF format. If,
however, the requested content can be found in the Library Genesis Project repository, upon
1
Google Scholar provides its users the capability to search for scholarly literature, but does not provide the
full text of copyrighted scientific journal articles accessible through paid subscription services such as
ScienceDirect. Instead, Google Scholar provides bibliographic information concerning such articles along with a
link to the platform through which the article may be purchased or accessed by a subscriber.
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information and belief, Sci-Hub obtains the content from the Library Genesis Project repository
and provides that content to the user.
32.
When a user searches on Sci-Hub for an article available on ScienceDirect using a
journal or article identifier, the user is redirected to a proxied version of the ScienceDirect page
where the user can download the requested article at no cost. Upon information and belief, SciHub facilitates this infringing conduct by using unlawfully-obtained access credentials to
university proxy servers to establish remote access to ScienceDirect through those proxy servers.
If, however, the requested content can be found in the Library Genesis Project repository, upon
information and belief, Sci-Hub obtains the content from it and provides it to the user.
33.
Upon information and belief, Sci-Hub engages in no other activity other than the
illegal reproduction and distribution of digital copies of Elsevier’s copyrighted works and the
copyrighted works of other publishers, and the encouragement, inducement, and material
contribution to the infringement of the copyrights of those works by third parties – i.e., the users
of the Sci-Hub website.
34.
Upon information and belief, in addition to the blatant and rampant infringement
of Elsevier’s copyrights as described above, the Defendants have also used the Sci-Hub website
to earn revenue from the piracy of copyrighted materials from ScienceDirect. Sci-Hub has at
various times accepted funds through a variety of payment processors, including PayPal,
Yandex, WebMoney, QiQi, and Bitcoin.
Sci-Hub’s Use of the Library Genesis Project as a Repository for Unlawfully-Obtained
Scientific Journal Articles and Books
35.
Upon information and belief, when Sci-Hub pirates and downloads an article from
ScienceDirect in response to a user request, in addition to providing a copy of that article to that
user, Sci-Hub also provides a duplicate copy to the Library Genesis Project, which stores the
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article in a database accessible through the Internet. Upon information and belief, the Library
Genesis Project is designed to be a permanent repository of this and other illegally obtained
content.
36.
Upon information and belief, in the event that a Sci-Hub user requests an article
which has already been provided to the Library Genesis Project, Sci-Hub may provide that user
access to a copy provided by the Library Genesis Project rather than re-download an additional
copy of the article from ScienceDirect. As a result, Defendants Sci-Hub and Library Genesis
Project act in concert to engage in a scheme designed to facilitate the unauthorized access to and
wholesale distribution of Elsevier’s copyrighted works legitimately available on the
ScienceDirect platform.
The Library Genesis Project’s Unlawful Distribution of Plaintiff’s Copyrighted Works
37.
Access to the Library Genesis Project’s repository is facilitated by the website
“libgen.org,” which provides its users the ability to search, download content from, and upload
content to, the repository. The main page of libgen.org allows its users to perform searches in
various categories, including “LibGen (Sci-Tech),” and “Scientific articles.” In addition to
searching by keyword, users may also search for specific content by various other fields,
including title, author, periodical, publisher, or ISBN or DOI number.
38.
The libgen.org website indicates that the Library Genesis Project repository
contains approximately 1 million “Sci-Tech” documents and 40 million scientific articles. Upon
information and belief, the large majority of these works is subject to copyright protection and is
being distributed through the Library Genesis Project without the permission of the applicable
rights-holder. Upon information and belief, the Library Genesis Project serves primarily, if not
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exclusively, as a scheme to violate the intellectual property rights of the owners of millions of
copyrighted works.
39.
Upon information and belief, Elsevier owns the copyrights in a substantial
number of copyrighted materials made available for distribution through the Library Genesis
Project. Elsevier has not authorized the Library Genesis Project or any of the Defendants to
copy, display, or distribute through any of the complained of websites any of the content stored
on ScienceDirect to which it holds the copyright. Among the works infringed by the Library
Genesis Project are the “Guyton and Hall Textbook of Medical Physiology,” and the article “The
Varus Ankle and Instability” (published in Elsevier’s journal “Foot and Ankle Clinics of North
America”), each of which is protected by Elsevier’s federally-registered copyrights.
40.
In addition to the Library Genesis Project website accessible at libgen.org, users
may access the Library Genesis Project repository through a number of “mirror” sites accessible
through other URLs. These mirror sites are similar, if not identical, in functionality to
libgen.org. Specifically, the mirror sites allow their users to search and download materials from
the Library Genesis Project repository.
FIRST CLAIM FOR RELIEF
(Direct Infringement of Copyright)
41.
Elsevier incorporates by reference the allegations contained in paragraphs 1-40
42.
Elsevier’s copyright rights and exclusive distribution rights to the works available
above.
on ScienceDirect (the “Works”) are valid and enforceable.
43.
Defendants have infringed on Elsevier’s copyright rights to these Works by
knowingly and intentionally reproducing and distributing these Works without authorization.
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44.
The acts of infringement described herein have been willful, intentional, and
purposeful, in disregard of and indifferent to Plaintiffs’ rights.
45.
Without authorization from Elsevier, or right under law, Defendants are directly
liable for infringing Elsevier’s copyrighted Works pursuant to 17 U.S.C. §§ 106(1) and/or (3).
46.
As a direct result of Defendants’ actions, Elsevier has suffered and continues to
suffer irreparable harm for which Elsevier has no adequate remedy at law, and which will
continue unless Defendants’ actions are enjoined.
47.
Elsevier seeks injunctive relief and costs and damages in an amount to be proven
at trial.
SECOND CLAIM FOR RELIEF
(Secondary Infringement of Copyright)
48.
Elsevier incorporates by reference the allegations contained in paragraphs 1-40
49.
Elsevier’s copyright rights and exclusive distribution rights to the works available
above.
on ScienceDirect (the “Works”) are valid and enforceable.
50.
Defendants have infringed on Elsevier’s copyright rights to these Works by
knowingly and intentionally reproducing and distributing these Works without license or other
authorization.
51.
Upon information and belief, Defendants intentionally induced, encouraged, and
materially contributed to the reproduction and distribution of these Works by third party users of
websites operated by Defendants.
52.
The acts of infringement described herein have been willful, intentional, and
purposeful, in disregard of and indifferent to Elsevier’s rights.
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53.
Without authorization from Elsevier, or right under law, Defendants are directly
liable for third parties’ infringement of Elsevier’s copyrighted Works pursuant to 17 U.S.C. §§
106(1) and/or (3).
54.
Upon information and belief, Defendants profited from third parties’ direct
infringement of Elsevier’s Works.
55.
Defendants had the right and the ability to supervise and control their websites
and the third party infringing activities described herein.
56.
As a direct result of Defendants’ actions, Elsevier has suffered and continues to
suffer irreparable harm for which Elsevier has no adequate remedy at law, and which will
continue unless Defendants’ actions are enjoined.
57.
Elsevier seeks injunctive relief and costs and damages in an amount to be proven
at trial.
THIRD CLAIM FOR RELIEF
(Violation of the Computer Fraud & Abuse Act)
58.
Elsevier incorporates by reference the allegations contained in paragraphs 1-40
59.
Elsevier’s computers and servers, the third-party computers and servers which
above.
store and maintain Elsevier’s copyrighted works for ScienceDirect, and Elsevier’s customers’
computers and servers which facilitate access to Elsevier’s copyrighted works on ScienceDirect,
are all “protected computers” under the Computer Fraud and Abuse Act (“CFAA”).
60.
Defendants (a) knowingly and intentionally accessed such protected computers
without authorization and thereby obtained information from the protected computers in a
transaction involving an interstate or foreign communication (18 U.S.C. § 1030(a)(2)(C)); and
(b) knowingly and with an intent to defraud accessed such protected computers without
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authorization and obtained information from such computers, which Defendants used to further
the fraud and obtain something of value (18 U.S.C. § 1030(a)(4)).
61.
Defendants’ conduct has caused, and continues to cause, significant and
irreparable damages and loss to Elsevier.
62.
Defendants’ conduct has caused a loss to Elsevier during a one-year period
aggregating at least $5,000.
63.
As a direct result of Defendants’ actions, Elsevier has suffered and continues to
suffer irreparable harm for which Elsevier has no adequate remedy at law, and which will
continue unless Defendants’ actions are enjoined.
64.
Elsevier seeks injunctive relief, as well as costs and damages in an amount to be
proven at trial.
PRAYER FOR RELIEF
WHEREFORE, Elsevier respectfully requests that the Court:
A. Enter preliminary and permanent injunctions, enjoining and prohibiting Defendants,
their officers, directors, principals, agents, servants, employees, successors and
assigns, and all persons and entities in active concert or participation with them, from
engaging in any of the activity complained of herein or from causing any of the injury
complained of herein and from assisting, aiding, or abetting any other person or
business entity in engaging in or performing any of the activity complained of herein
or from causing any of the injury complained of herein;
B. Enter an order that, upon Elsevier’s request, those in privity with Defendants and
those with notice of the injunction, including any Internet search engines, Web
Hosting and Internet Service Providers, domain-name registrars, and domain name
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registries or their administrators that are provided with notice of the injunction, cease
facilitating access to any or all domain names and websites through which Defendants
engage in any of the activity complained of herein;
C. Enter an order that, upon Elsevier’s request, those organizations which have
registered Defendants’ domain names on behalf of Defendants shall disclose
immediately to Plaintiffs all information in their possession concerning the identity of
the operator or registrant of such domain names and of any bank accounts or financial
accounts owned or used by such operator or registrant;
D. Enter an order that, upon Elsevier’s request, the TLD Registries for the Defendants’
websites, or their administrators, shall place the domain names on
registryHold/serverHold as well as serverUpdate, ServerDelete, and serverTransfer
prohibited statuses, for the remainder of the registration period for any such website.
E. Enter an order canceling or deleting, or, at Elsevier’s election, transferring the domain
name registrations used by Defendants to engage in the activity complained of herein
to Elsevier’s control so that they may no longer be used for illegal purposes;
F. Enter an order awarding Elsevier its actual damages incurred as a result of
Defendants’ infringement of Elsevier’s copyright rights in the Works and all profits
Defendant realized as a result of its acts of infringement, in amounts to be determined
at trial; or in the alternative, awarding Elsevier, pursuant to 17 U.S.C. § 504, statutory
damages for the acts of infringement committed by Defendants, enhanced to reflect
the willful nature of the Defendants’ infringement;
G. Enter an order disgorging Defendants’ profits;
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Adema
Scanners, collectors and aggregators. On the underground movement of (pirated) theory text sharing
2009
# Scanners, collectors and aggregators. On the ‘underground movement’ of
(pirated) theory text sharing
_“But as I say, let’s play a game of science fiction and imagine for a moment:
what would it be like if it were possible to have an academic equivalent to
the peer-to-peer file sharing practices associated with Napster, eMule, and
BitTorrent, something dealing with written texts rather than music? What would
the consequences be for the way in which scholarly research is conceived,
communicated, acquired, exchanged, practiced, and understood?”_
Gary Hall – [Digitize this
book!](http://www.upress.umn.edu/Books/H/hall_digitize.html) (2008)
Ubu
web was founded in 1996 by poet [Kenneth
Goldsmith](http://en.wikipedia.org/wiki/Kenneth_Goldsmith "Kenneth Goldsmith")
and has developed from ‘a repository for visual, concrete and (later) sound
poetry, to a site that ‘embraced all forms of the avant-garde and beyond. Its
parameters continue to expand in all directions.’ As
[Wikipedia](http://en.wikipedia.org/wiki/UbuWeb) states, Ubu is non-commercial
and operates on a gift economy. All the same - by forming an amazing resource
and repository for the avant-garde movement, and by offering and hosting these
works on its platform, Ubu is violating copyright laws. As they state however:
‘ _should something return to print, we will remove it from our site
immediately. Also, should an artist find their material posted on UbuWeb
without permission and wants it removed, please let us know. However, most of
the time, we find artists are thrilled to find their work cared for and
displayed in a sympathetic context. As always, we welcome more work from
existing artists on site_.’
Where in the more affluent and popular media realms of block buster movies and
pop music the [Piratebay](http://thepiratebay.org/) and other download sites
(or p2p networks) like [Mininova](http://www.mininova.org/) are being sued and
charged with copyright infringement, the major powers to be seem to turn a
blind eye when it comes to Ubu and many other resource sites online that offer
digital versions of hard-to-get-by materials ranging from books to
documentaries.
This is and has not always been the case: in 2002 [Sebastian
Lütgert](http://www.wizards-of-
os.org/archiv/wos_3/sprecher/l_p/sebastian_luetgert.html) from Berlin/New York
was sued by the "Hamburger Stiftung zur Förderung von Wissenschaft und Kultur"
for putting online two downloadable texts from Theodor W. Adorno on his
website [textz.com](http://www.medienkunstnetz.de/artist/textz-
com/biography/), an underground archive for Literature. According to
[this](http://de.indymedia.org/2004/03/76975.shtml) Indymedia interview with
Lütgert, textz.com was referred to as ‘the Napster for books’ offering about
700 titles, focusing on, as Lütgert states _‘Theorie, Romane, Science-Fiction,
Situationisten, Kino, Franzosen, Douglas Adams, Kritische Theorie, Netzkritik
usw’._
The interview becomes even more interesting when Lütgert remarks that one can
still easily download both Adorno texts without much ado if one wants to. This
leads to the bigger question of the real reasons underlying the charge against
textz.com; why was textz.com sued? As Lütgert says in the interview: “ _Das
kann man sowieso_ [when referring to the still available Adorno texts] _._
_Aber es gibt schon lange einen klaren Unterschied zwischen offener
Verfügbarkeit und dem Untergrund. Man kann die freie Verbreitung von Inhalten
nicht unterbinden, aber man scheint verhindern zu wollen dass dies allzu offen
und selbstverständlich geschieht. Das ist es was sie stört.”
_
__
But how can something be truly underground in an online environment whilst
still trying to spread or disseminate texts as widely as possible? This seems
to be the paradox of many - not quite legal and/or copyright protected -
resource sharing and collecting communities and platforms nowadays. However,
multiple scenario’s are available to evade this dilemma: by being frankly open
about the ‘status’ of the content on offer, as Ubu does, or by using little
‘tricks’ like an easy website registration, classifying oneself as a reading
group, or by relieving oneself from responsibility by stating that one is only
aggregating sources from elsewhere (linking) and not hosting the content on
its own website or blog. One can also state the offered texts or multimedia
files form a special issue or collection of resources, emphasizing their
educational and not-for-profit value.
Most of the ‘underground’ text and content sharing communities seem to follow
the concept of (the inevitability of) ‘[information wants to be
free](https://openreflections.wordpress.com/tag/information-wants-to-be-
free/)’, especially on the Internet. As Lütgert States: “ _Und vor allem sind
die über Walter Benjamin nicht im Bilde, der das gleiche Problem der
Reproduzierbarkeit von Werken aller Art schon zu Beginn des letzten
Jahrhunderts vor sich hatte und erkannt hat: die Massen haben das Recht, sich
das alles wieder anzueignen. Sie haben das Recht zu kopieren, und das Recht,
kopiert zu werden. Jedenfalls ist das eine ganz schön ungemütliche Situation,
dass dessen Nachlass jetzt von solch einem Bürokraten verwaltet wird._ _A:
Glaubst Du es ist überhaupt legitim intellektuellen Inhalt zu "besitzen"? Oder
__Eigentümer davon zu sein?_ _S: Es ist *unmöglich*. "Geistiges" Irgendwas
verbreitet sich immer weiter. Reemtsmas Vorfahren wären nie von den Bäumen
runtergekommen oder aus dem Morast rausgekrochen, wenn sich "geistiges"
Irgendwas nicht verbreitet hätte.”_
What seems to be increasingly obvious, as the interview also states, is that
one can find virtually all Ebooks and texts one needs via p2p networks and
other file sharing community’s (the true
[Darknet](http://en.wikipedia.org/wiki/Darknet_\(file_sharing\)) in a way) –
more and more people are offering (and asking for!) selections of texts and
books (including the ones by Adorno) on openly available websites and blogs,
or they are scanning them and offering them for (educational) use on their
domains. Although the Internet is mostly known for the pirating and
dissemination of pirated movies and music, copyright protected textual content
has (of course) always been spread too. But with the rise of ‘born digital’
text content, and with the help of massive digitization efforts like Google
Books (and accompanying Google Books [download
tools](http://www.codeplex.com/GoogleBookDownloader)) accompanied by the
appearance of better (and cheaper) scanning equipment, the movement of
‘openly’ spreading (pirated) texts (whether or not focusing on education and
‘fair use’) seems to be growing fast.
The direct harm (to both the producers and their publishers) of the free
online availability of (in copyright) texts is also maybe less clear than for
instance with music and films. Many feel texts and books will still be
preferred to be read in print, making the online and free availability of text
nothing more than a marketing tool for the sales of the printed version. Once
discovered, those truly interested will find and buy the print book. Also more
than with music and film, it is felt essential to share information, as a
cultural good and right, to prevent censorship and to improve society.
This is one of the reasons the [Open
Access](http://en.wikipedia.org/wiki/Open_access_\(publishing\)) movement for
scientific research has been initiated. But where the amount of people and
institutions supportive of this movement is gradually growing (especially
where it concerns articles and journals in the Sciences), the spread
concerning Open Access (or even digital availability) of monographs in the
Humanities and Social Sciences (of which the majority of the resources on
offer in the underground text sharing communities consists) has only just
started.
This has lead to a situation in which some have decided that change is not
coming fast enough. Instead of waiting for this utopian Open Access future to
come gradually about, they are actively spreading, copying, scanning and
pirating scholarly texts/monographs online. Although many times accompanied by
lengthy disclaimers about why they are violating copyright (to make the
content more widely accessible for one), many state they will take down the
content if asked. Following the
[copyleft](http://en.wikipedia.org/wiki/Copyleft) movement, what has in a way
thus arisen is a more ‘progressive’ or radical branch of the Open Access
movement. The people who spread these texts deem it inevitable they will be
online eventually, they are just speeding up the process. As Lütgert states: ‘
_The desire of an increasingly larger section of the population to 100-percent
of information is irreversible. The only way there can be slowed down in the
worst case, but not be stopped._
Still we have not yet answered the question of why publishers (and their
pirated authors) are not more upset about these kinds of websites and
platforms. It is not a simple question of them not being aware that these kind
of textual disseminations are occurring. As mentioned before, the harm to
producers (scholars) and their publishers (in Humanities and Social Sciences
mainly Not-For-Profit University Presses) is less clear. First of all, their
main customers are libraries (compare this to the software business model:
free for the consumer, companies pay), who are still buying the legal content
and mostly follow the policy of buying either print or both print and ebook,
so there are no lost sales there for the publishers. Next to that it is not
certain that the piracy is harming sales. Unlike in literary publishing, the
authors (academics) are already paid and do not loose money (very little maybe
in royalties) from the online availability. Perhaps some publishers also see
the Open Access movement as something inevitably growing and they thus don’t
see the urge to step up or organize a collaborative effort against scholarly
text piracy (where most of the presses also lack the scale to initiate this).
Whereas there has been some more upsurge and worries about _[textbook
piracy](http://bookseller-association.blogspot.com/2008/07/textbook-
piracy.html)_ (since this is of course the area where individual consumers –
students – do directly buy the material) and websites like
[Scribd](http://www.scribd.com/), this mostly has to do with the fact that
these kind of platforms also host non-scholarly content and actively promote
the uploading of texts (where many of the text ‘sharing’ platforms merely
offer downloading facilities). In the case of Scribd the size of the platform
(or the amount of content available on the platform) also has caused concerns
and much [media coverage](http://labnol.blogspot.com/2007/04/scribd-youtube-
for-pirated-ebooks-but.html).
All of this gives a lot of potential power to text sharing communities, and I
guess they know this. Only authors might be directly upset (especially famous
ones gathering a lot of royalties on their work) or in the case of Lütgert,
their beneficiaries, who still do see a lot of money coming directly from
individual customers.
Still, it is not only the lack of fear of possible retaliations that is
feeding the upsurge of text sharing communities. There is a strong ideological
commitment to the inherent good of these developments, and a moral and
political strive towards institutional and societal change when it comes to
knowledge production and dissemination.
As Adrian Johns states in his
[article](http://www.culturemachine.net/index.php/cm/article/view/345/348)
_Piracy as a business force_ , ‘today’s pirate philosophy is a moral
philosophy through and through’. As Jonas Andersson
[states](http://www.culturemachine.net/index.php/cm/article/view/346/359), the
idea of piracy has mostly lost its negative connotations in these communities
and is seen as a positive development, where these movements ‘have begun to
appear less as a reactive force (i.e. ‘breaking the rules’) and more as a
proactive one (‘setting the rules’). Rather than complain about the
conservatism of established forms of distribution they simply create new,
alternative ones.’ Although Andersson states this kind of activism is mostly
_occasional_ , it can be seen expressed clearly in the texts accompanying the
text sharing sites and blogs. However, copyright is perhaps so much _an issue_
on most of these sites (where it is on some of them), as it is something that
seems to be simply ignored for the larger good of aggregating and sharing
resources on the web. As is stated clearly for instance in an
[interview](http://blog.sfmoma.org/2009/08/four-dialogues-2-on-aaaarg/) with
Sean Dockray, who maintains AAAARG:
_" The project wasn’t about criticizing institutions, copyright, authority,
and so on. It was simply about sharing knowledge. This wasn’t as general as it
sounds; I mean literally the sharing of knowledge between various individuals
and groups that I was in correspondence with at the time but who weren’t
necessarily in correspondence with each other."_
Back to Lütgert. The files from textz.com have been saved and are still
[accessible](http://web.archive.org/web/20031208043421/textz.gnutenberg.net/index.php3?enhanced_version=http://textz.com/index.php3)
via [The Internet Archive Wayback
Machine](http://web.archive.org/collections/web.html). In the case of
textz.com, these files contain ’typed out text’, so no scanned contents or
PDF’s. Textz.com (or better said its shadow or mirror) offers an amazing
collection of texts, including artists statements/manifestos and screenplays
from for instance David Lynch.
The text sharing community has evolved and now knows many players. Two other
large members in this kind of ‘pirate theory base network’ (although – and I
have to make that clear! – they offer many (and even mostly) legal and out of
copyright texts), still active today, are
[Monoskop/Burundi](http://burundi.sk/monoskop/log/) and
[AAAARG.ORG](http://a.aaaarg.org/). These kinds of platforms all seem to
disseminate (often even on a titular level) similar content, focusing mostly
on Continental Philosophy and Critical Theory, Cultural Studies and Literary
Theory, The Frankfurter Schule, Sociology/Social Theory, Psychology,
Anthropology and Ethnography, Media Art and Studies, Music Theory, and
critical and avant-garde writers like Kafka, Beckett, Burroughs, Joyce,
Baudrillard, etc.etc.
[Monoskop](http://www.burundi.sk/monoskop/index.php/Main_Page) is, as they
state, a collaborative wiki research on the social history of media art or a
‘living archive of writings on art, culture and media technology’. At the
sitemap of their log, or under the categories section, you can browse their
resources on genre: book, journal, e-zine, report, pamphlet etc. As I found
[here](http://www.slovakia.culturalprofiles.net/?id=7958), Burundi originated
in 2003 as a (Slovakian) media lab working between the arts, science and
technologies, which spread out to a European city based cultural network; They
even functioned as a press, publishing the Anthology of New Media Literature
(in Slovak) in 2006, and they hosted media events and curated festivals. It
dissolved in June 2005 although the
[Monoskop](http://www.slovakia.culturalprofiles.net/?id=7964) research wiki on
media art, has continued to run since the dissolving of Burundi.
As
is stated on their website, AAAARG is a conversation platform, or
alternatively, a school, reading group or journal, maintained by Los Angeles
artist[ Sean Dockray](http://www.design.ucla.edu/people/faculty.php?ID=64
"Sean Dockray"). In the true spirit of Critical Theory, its aim is to ‘develop
critical discourse outside of an institutional framework’. Or even more
beautiful said, it operates in the spaces in between: ‘ _But rather than
thinking of it like a new building, imagine scaffolding that attaches onto
existing buildings and creates new architectures between them_.’ To be able to
access the texts and resources that are being ‘discussed’ at AAAARG, you need
to register, after which you will be able to browse the
[library](http://a.aaaarg.org/library). From this library, you can download
resources, but you can also upload content. You can subscribe to their
[feed](http://aaaarg.org/feed) (RSS/XML) and [like
Monoskop](http://twitter.com/monoskop), AAAARG.org also maintains a [Twitter
account](http://twitter.com/aaaarg) on which updates are posted. The most
interesting part though is the ‘extra’ functions the platform offers: after
you have made an account, you can make your own collections, aggregations or
issues out of the texts in the library or the texts you add. This offers an
alternative (thematically ordered) way into the texts archived on the site.
You also have the possibility to make comments or start a discussion on the
texts. See for instance their elaborate [discussion
lists](http://a.aaaarg.org/discussions). The AAAARG community thus serves both
as a sharing and feedback community and in this way operates in a true p2p
fashion, in a way like p2p seemed originally intended. The difference being
that AAAARG is not based on a distributed network of computers, but is based
on one platform, to which registered users are able to upload a file (which is
not the case on Monoskop for instance – only downloading here).
Via[
mercurunionhall](http://mercerunionhall.blogspot.com/2009/06/aaaargorg.html),
I found the image underneath which depicts AAAARG.ORG's article index
organized as a visual map, showing the connections between the different
texts. This map was created and posted by AAAARG user john, according to
mercurunionhall.
Where AAAArg.org focuses again on the text itself - typed out versions of
books - Monoskop works with more modern versions of textual distribution:
scanned versions or full ebooks/pdf’s with all the possibilities they offer,
taking a lot of content from Google books or (Open Access) publishers’
websites. Monoskop also links back to the publishers’ websites or Google
Books, for information about the books or texts (which again proves that the
publishers should know about their activities). To download the text however,
Monoskop links to [Sharebee](http://www.sharebee.com/), keeping the actual
text and the real downloading activity away from its platform.
Another part of the text sharing content consists of platforms offering
documentaries and lectures (so multi-media content) online. One example of the
last is the [Discourse Notebook Archive](http://www.discoursenotebook.com/),
which describes itself as an effort which has as its main goal ‘to make
available lectures in contemporary continental philosophy’ and is maintained
by Todd Kesselman, a PhD Student at The New School for Social Research. Here
you can find lectures from Badiou, Kristeva and Zizek (both audio and video)
and lectures aggregated from the European Graduate School. Kesselman also
links to resources on the web dealing with contemporary continental
philosophy.
Society of Control is a website maintained by [Stephan
Dillemuth](http://www.kopenhagen.dk/fileadmin/oldsite/interviews/solmennesker.htm),
an artist living and working in Munich, Germany, offering amongst others an
overview of his work and scientific research. According to
[this](http://www2.khib.no/~hovedfag/akademiet_05/tekster/interview.html)
interview conducted by Kristian Ø Dahl and Marit Flåtter his work is a
response to the increased influence of the neo-liberal world order on
education, creating a culture industry that is more than often driven by
commercial interests. He asks the question ‘How can dissidence grow in the
blind spots of the ‘society of control’ and articulate itself?’ His website,
the [Society of Control](http://www.societyofcontrol.com/disclaimer1.htm) is,
as he states, ‘an independent organization whose profits are entirely devoted
to research into truth and meaning.’
Society of Control has a [library
section](http://www.societyofcontrol.com/library/) which contains works from
some of the biggest thinkers of the twentieth century: Baudrillard, Adorno,
Debord, Bourdieu, Deleuze, Habermas, Sloterdijk und so weiter, and so much
more, a lot in German, and all ‘typed out’ texts. The library section offers a
direct search function, a category function and a a-z browse function.
Dillemuth states that he offers this material under fair use, focusing on not
for profit, freedom of information and the maintenance of freedom of speech
and information and making information accessible to all:
_“The Societyofcontrol website site contains information gathered from many
different sources. We see the internet as public domain necessary for the free
flow and exchange of information. However, some of these materials contained
in this site maybe claimed to be copyrighted by various unknown persons. They
will be removed at the copyright holder 's request within a reasonable period
of time upon receipt of such a request at the email address below. It is not
the intent of the Societyofcontrol to have violated or infringed upon any
copyrights.”_
Important in this respect is
that he put the responsibility of reading/using/downloading the texts on his
site with the viewers, and not with himself: _“Anyone reading or looking at
copyright material from this site does so at his/her own peril, we disclaim
any participation or liability in such actions.”_
Fark Yaraları = [Scars of Différance](http://farkyaralari.blogspot.com/) and
[Multitude of blogs](http://multitudeofblogs.blogspot.com/) are maintained by
the same author, Renc-u-ana, a philosophy and sociology student from Istanbul.
The first is his personal blog (with also many links to downloadable texts),
focusing on ‘creating an e-library for a Heideggerian philosophy and
Bourdieuan sociology’ on which he writes ‘market-created inequalities must be
overthrown in order to close knowledge gap.’ The second site has a clear
aggregating function with the aim ‘to give united feedback for e-book
publishing sites so that tracing and finding may become easier.’ And a call
for similar blogs or websites offering free ebook content. The blog is
accompanied by a nice picture of a woman warning to keep quiet, very
paradoxically appropriate to the context. Here again, a statement from the
host on possible copyright infringement _: ‘None of the PDFs are my own
productions. I 've collected them from web (e-mule, avax, libreremo, socialist
bros, cross-x, gigapedia..) What I did was thematizing._’ The same goes for
[pdflibrary](http://pdflibrary.wordpress.com/) (which seems to be from the
same author), offering texts from Derrida, Benjamin, Deleuze and the likes:
_‘_ _None of the PDFs you find here are productions of this blog. They are
collected from different places in the web (e-mule, avax, libreremo, all
socialist bros, cross-x, …). The only work done here is thematizing and
tagging.’_
[](http://multitudeofblogs.blogspot.com/)Our
student from Istanbul lists many text sharing sites on Multitude of blogs,
including [Inishark](http://danetch.blogspot.com/) (amongst others Badiou,
Zizek and Derrida), [Revelation](http://revelation-online.blogspot.com/2009/02
/keeping-ten-commandments.html) (a lot of history and bible study), [Museum of
accidents](http://museumofaccidents.blogspot.com/) (many resources relating to
again, critical theory, political theory and continental philhosophy) and
[Makeworlds](http://makeworlds.net/) (initiated from the [make world
festival](http://www.makeworlds.org/1/index.html) 2001).
[Mariborchan](http://mariborchan.wordpress.com/) is mainly a Zizek resource
site (also Badiou and Lacan) and offers next to ebooks also video and audio
(lectures and documentaries) and text files, all via links to file sharing
platforms.
What is clear is that the text sharing network described above (I am sure
there are many more related to other fields and subjects) is also formed and
maintained by the fact that the blogs and resource sites link to each other in
their blog rolls, which is what in the end makes up the network of text
sharing, only enhanced by RSS feeds and Twitter accounts, holding together
direct communication streams with the rest of the community. That there has
not been one major platform or aggregation site linking them together and
uploading all the texts is logical if we take into account the text sharing
history described before and this can thus be seen as a clear tactic: it is
fear, fear for what happened to textz.com and fear for the issue of scale and
fear of no longer operating at the borders, on the outside or at the fringes.
Because a larger scale means they might really get noticed. The idea of
secrecy and exclusivity which makes for the idea of the underground is very
practically combined with the idea that in this way the texts are available in
a multitude of places and can thus not be withdrawn or disappear so easily.
This is the paradox of the underground: staying small means not being noticed
(widely), but will mean being able to exist for probably an extended period of
time. Becoming (too) big will mean reaching more people and spreading the
texts further into society, however it will also probably mean being noticed
as a treat, as a ‘network of text-piracy’. The true strategy is to retain this
balance of openly dispersed subversivity.
Update 25 November 2005: Another interesting resource site came to my
attention recently: [Bedeutung](http://http://www.bedeutung.co.uk/index.php),
a philosophical and artistic initiative consisting of three projects:
[Bedeutung
Magazine](http://www.bedeutung.co.uk/index.php?option=com_content&view=article&id=1&Itemid=3),
[Bedeutung
Collective](http://www.bedeutung.co.uk/index.php?option=com_content&view=article&id=67&Itemid=4)
and [Bedeutung Blog](http://bedeutung.wordpress.com/), hosts a
[library](http://www.bedeutung.co.uk/index.php?option=com_content&view=article&id=85&Itemid=45)
section which links to freely downloadable online e-books, articles, audio
recordings and videos.
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### _Related_
### 17 comments on " Scanners, collectors and aggregators. On the
‘underground movement’ of (pirated) theory text sharing"
1. Pingback: [Humanism at the fringe « Snarkmarket](http://snarkmarket.com/2009/3428)
2. Pingback: [Scanners, collectors and aggregators. On the 'underground movement' of (pirated) theory text sharing « Mariborchan](http://mariborchan.wordpress.com/2009/09/20/scanners-collectors-and-aggregators-on-the-underground-movement-of-pirated-theory-text-sharing/)
hi there, I'm the owner of the Scars of Différance blog, I'm grateful for your
reading which nurtures self-reflexivity.
text-sharers phylum is a Tardean phenomena, it works through imitation and
differences differentiate styles and archives. my question was inherited from
aby warburg who is perhaps the first kantian librarian (not books, but the
nomenclatura of books must be thought!), I shape up a library where books
speak to each other, each time fragmentary.
you are right about the "fear", that's why I don't reupload books that are
deleted from mediafire. blog is one of the ways, for ex there are e-mail
groups where chain-sharings happen and there are forums where people ask each
other from different parts of the world, to scan a book that can't be found in
their library/country. I understand publishers' qualms (I also work in a
turkish publishing house and make translations). but they miss a point, it was
the very movement which made book a medium that de-posits "book" (in the
Blanchotian sense): these blogs do indeed a very important service, they save
books from the databanks. I'm not going to make a easy rider argument and
decry technology.what I mean is this: these books are the very bricks which
make up resistance -they are not compost-, it is a sharing "partage" and these
fragmentary impartations (the act in which 'we' emancipate books from the
proper names they bear: author, editor, publisher, queen,…) make words blare.
our work: to disenfranchise.
to get larger, to expand: these are too ambitious terms, one must learn to
stay small, remain finite. a blog can not supplant the non-place of the
friendships we make up around books.
the epigraph at the top of my blog reads: "what/who exorbitates mutates into
its opposite" from a Turkish poet Cahit Zarifoğlu. and this logic is what
generates the slithering of the word. we must save books from its own ends.
Thanks for the link, good article, agree with the contents, especially like
the part 'Could, for instance, the considerable resources that might be
allocated to protecting, policing and, ultimately, sanctioning online file-
sharing not be used for rendering it less financially damaging for the
creative sector?'
I like this kind of pragmatic reasoning, and I know more people do.
By the way, checked Bedeutung, great journal, and love your
[library](http://www.bedeutung.co.uk/index.php?option=com_content&view=article&id=86&Itemid=46)
section! Will add it to the main article.
10. Pingback: [Mariborchan » Scanners, collectors and aggregators. On the 'underground movement' of (pirated) theory text sharing](http://mariborchan.com/scanners-collectors-and-aggregators-on-the-underground-movement-of-pirated-theory-text-sharing/)
This is Nick, the author of the JJPS project; thanks for the tweet! I actually
came across this blog post while doing background research for the project and
looking for discussions about AAAARG; found out about a lot of projects that I
didn't already know about. One thing that I haven't been able to articulate
very well is that I think there's an interesting relationship between, say,
Kenneth Goldsmith's own poetry and his founding of Ubu Web; a collation and
reconfiguration of the detritus of culture (forgotten works of the avant-
gardes locked up behind pay walls of their own, or daily minutiae destined to
be forgotten), which is something that I was trying to do, in a more
circumscribed space, in JJPS Radio. But the question of distribution of
digital works is something I find fascinating, as there are all sorts of
avenues that we could be investigating but we are not. The issue, as it often
is, is one of technical ability, and that's why one of the future directions
of JJPS is to make some of the techniques I used easier to use. Those who want
to can always look into the code, which is of course freely available, but
that cannot and should not be a prerequisite.
Hi Nick, thanks for your comment. I love the JJPS and it would be great if the
technology you mention would be easily re-usable. What I find fascinating is
how you use another medium (radio) to translate/re-mediate and in a way also
unlock textual material. I see you also have an Open Access and a Cut-up hour.
I am very much interested in using different media to communicate scholarly
research and even more in remixing and re-mediating textual scholarship. I
think your project(s) is a very valuable exploration of these themes while at
the same time being a (performative) critique of the current system. I am in
awe.
14. Pingback: [Text-sharing "in the paradise of too many books" – SLOTHROP](http://slothrop.com/2012/11/16/text-sharing-in-the-paradise-of-too-many-books/)
Interesting topic, but also odd in some respects. Not translating the German
quotes is very unthoughtful and maybe even arrogant. If you are interested in
open access accessibility needs to be your top priority. I can read German,
but many of my friends (and most of the world) can't. It take a little effort
to just fix this, but you can do it.
Sekulic
Legal Hacking and Space
2015
# Legal hacking and space
## What can urban commons learn from the free software hackers?
There is now a need to readdress urban commons through the lens of the digital
commons, writes Dubravka Sekulic. The lessons to be drawn from the free
software community and its resistance to the enclosure of code will likely
prove particularly valuable where participation and regulation are concerned.
> Commons are a particular type of institutional arrangement for governing the
use and disposition of resources. Their salient characteristic, which defines
them in contradistinction to property, is that no single person has exclusive
control over the use and disposition of any particular resource. Instead,
resources governed by commons may be used or disposed of by anyone among some
(more or less defined) number of persons, under rules that may range from
"anything goes" to quite crisply articulated formal rules that are effectively
enforced.
> (Benkler 2003: 6)
The above definition of commons, from the seminal paper "The political economy
of commons" by Yochai Benkler, addresses any type of commons, whether analogue
or digital. In fact, the concept of commons entered the digital realm from
physical space in order to interpret the type of communities, relationships
and production that started to appear with the development of the free as
opposed to the proprietary. Peter Linebaugh charted in his excellent book
_Magna Carta Manifesto_ , how the creation and development of the concept of
commons were closely connected to constantly changing relationships of people
and communities to the physical space. Here, I argue that the concept was
enriched when it was implemented in the digital field. Readdressing urban
space through the lens of digital commons can enable another imagination and
knowledge to appear around urban commons.
[](http://www.derive.at/)The
notion of commons in (urban) space is often complicated by archaic models of
organization and management - "the pasture we knew how to share". There is a
tendency to give the impression that the solution is in reverting to the past
models. In the realm of digital though, there is no "pasture" from the Middle
Ages to fall back on. Digital commons had to start from scratch and define its
own protocols of production and reproduction (caring and sharing). Therefore,
the digital commons and free software community can be the one to turn to, not
only for inspiration and advice, but also as a partner when addressing
questions of urban commons. Or, as Marcell Mars would put it "if we could
start again with (regulating and defining) land, knowing what we know now
about digital networks, we could come up with something much better and
appropriate for today's world. That property wouldn't be private, maybe not
even property, but something else. Only then can we say we have learned
something from the digital" (2013).
## Enclosure as the trigger for action
The moment we turn to commons in relation to (urban) space is the moment in
which the pressure to privatize public space and to commodify every aspect of
urban life has become so strong that it can be argued that it mirrors a moment
in which Magna Carta Libertatum was introduced to protect the basic
reproduction of life for those whose sustenance was connected to the common
pastures and forests of England in the thirteenth century. At the end of the
twentieth century, urban space became the ultimate commodity, and increasing
privatization not only endangered the reproduction of everyday life in the
city; the rent extraction through privatized public space and housing
endangered bare life itself. Additionally, the cities' continuous
privatization of its amenities transformed almost every action in the city, no
matter how mundane - as for example, drinking a glass of water from a tap -,
into an action that creates profit for some private entity and extracts it
from the community. Thus every activity became labour, which a citizen-worker
is not only alienated from, but also unaware of. David Harvey's statement
about the city replacing the factory as a site of class war seems to be not
only an apt description of the condition of life in the city, but also a cry
for action.
When Richard Stallman turned to the foundational gesture of the creation of
free software, GNU/GPL (General Public Licence) was his reaction to the
artificially imposed logic of scarcity on the world of code - and the
increasing and systematic enclosure that took place in the late 1970s and
1980s as "a tidal wave of commercialization transformed software from a
technical object into a commodity, to be bought and sold on the open market
under the alleged protection of intellectual property law" (Coleman 2012:
138). Stallman, who worked as a researcher at MIT's Artificial Intelligence
Laboratory, detected how "[m]any programmers are unhappy about the
commercialization of system software. It may enable them to make more money,
but it requires them to feel in conflict with other programmers in general
rather than feel as comrades. The fundamental act of friendship among
programmers is the sharing of programs; marketing arrangements now typically
used essentially forbid programmers to treat others as friends. The purchaser
of software must choose between friendship and obeying the law. Naturally,
many decide that friendship is more important. But those who believe in law
often do not feel at ease with either choice. They become cynical and think
that programming is just a way of making money" (Stallman 2002: 32).
In the period between 1980 and 1984, "one man [Stallman] envisioned a crusade
to change the situation" (Moglen 1999). Stallman understood that in order to
subvert the system, he would have to intervene in the protocols that regulate
the conditions under which the code is produced, and not the code itself;
although he did contribute some of the best lines of code into the compiler
and text editor - the foundational infrastructure for any development. The
gesture that enabled the creation of a free software community that yielded
the complex field of digital commons was not a perfect line of code. The
creation of GNU General Public License (GPL) was a legal hack to counteract
the imposing of intellectual property law on code. At that time, the only
license available for programmers wanting to keep the code free was public
domain, which gave no protection against the code being appropriated and
closed. GPL enabled free codes to become self-perpetuating. Everything built
using a free code had to be made available under the same condition, in order
to secure the freedom for programmers to continue sharing and not breaking the
law. "By working on and using GNU rather than proprietary programs, we can be
hospitable to everyone and obey the law. In addition, GNU serves as an example
to inspire and as a banner to rally others to join in sharing. This can give
us a feeling of harmony, which is impossible if we use software, which is not
free. For about half the programmers I talk to, this is an important happiness
that money cannot replace" (Stallman 2002: 33).
Architects and planners as well as environmental designers have for too long
believed the opposite, that a good enough design can subvert the logic of
enclosure that dominates the production and reproduction of space; that a good
enough design can keep space open and public by the sheer strength of spatial
intervention. Stallman rightfully understands that no design is strong enough
to keep private ownership from claiming what it believes belongs to it.
Digital and urban commons, despite operating in completely different realms
and economies, are under attack from the same threat of "market processes"
that "crucially depend upon the individual monopoly of capitalists (of all
sorts) over ownership of the means of production, including finance and land.
All rent, recall, is a return to the monopoly power of private ownership of
some crucial asset, such as land or a patent. The monopoly power of private
property is therefore both the beginning-point and the end-point of all
capitalist activity" (Harvey 2012: 100). Stallman envisioned a bleak future
(2003: 26-28) but found a way to "relate the means to the ends". He understood
that the emancipatory task of a struggle "is not only what has to be done, but
also how it will be done and who will do it" (Stavrides & De Angelis: 7).
Thus, to produce the necessary requirements - both for a community to emerge,
but also for the basis of future protocols - tools and methodologies are
needed for the community to create both free software and itself.
## Renegotiating (undoing) property, hacking the law, creating community
Property, as an instrument of allocation of resources, is a right that is
negotiated within society and by society and not written in stone or given as
such. The digital, more than any other field, discloses property as being
inappropriate for contemporary relationships between production and
reproduction and, additionally, proves how it is possible to fundamentally
rethink it. The digital offers this possibility as it is non-material, non-
rival and non-exclusive (Meretz 2013), unlike anything in the physical world.
And Elinor Ostrom's lifelong empirical researches give ground to the belief
that eschewing property, being the sole instrument of allocation, can work as
a tool of management even for rival, excludable goods.
The value of information in digital form is not flat, but property is not the
way to protect that value, as the music industry realized during the course of
the last ten years. Once the copy is _out there_ , the cost of protecting its
exclusivity on the grounds of property becomes too high in relation to the
potential value to be extracted. For example, the value is extracted from
information through controlling the moment of its release and not through
subsequent exploitation. Stallman decided to tackle the imposition of the
concept of property on computer code (and by extension to the digital realm as
a whole) by articulating it in another field: just as property is the product
of constant negotiations within a society, so are legal regulations. After
some time, he was joined by "[m]any free software developers [who] do not
consider intellectual property instruments as the pivotal stimulus for a
marketplace of ideas and knowledge. Instead, they see them as a form of
restriction so fundamental (or poorly executed) that they need to be
counteracted through alternative legal agreements that treat knowledge,
inventions, and other creative expressions not as property but rather as
speech to be freely shared, circulated, and modified" (Coleman 2012: 26).
The digital sphere can give a valid example of how renegotiating regulation
can transform a resource from scarce to abundant. When the change from
analogue signal to packet switching begun to take effect, the distribution of
finite territory and the way the radio frequency spectrum was managed got
renegotiated and the amount of slots of space to be allocated grew by an order
of magnitude while the absolute size of the spectrum stayed the same. This
shift enabled Brecht's dream of a two-sided radio to become reality, thus
enabling what he had suggested: "change this apparatus over from distribution
to communication".1
According to Lawrence Lessig, what regulates behavior in cyberspace is an
interdependence of four constraints: market, law, architecture and norms
(Lessig 2012: 121-25). Analogously, space can be put in place of cyberspace,
as the regulation of space is the sum of these four constraints. These four
constraints are in a dynamic relationship in which the balance can be tilted
towards one, depending on how much each of these categories puts pressure on
the other three. Changes in any one reflect the regulation of the whole.
"Architecture" in Lessig's theory should be understood broadly as the "built
environment" that regulates behaviour in (cyber)space. In the last few decades
we have experienced the domination of the market reconfiguring the basis of
norms, law and architecture. In order to counteract this, the other three
constraints need to be re-negotiated. In digital space, this reconfiguration
happened by declaring the code - that is, the set of instructions written as
highly formalized text in a specific programming language to be executed
(usually) by the computer - to be considered as speech in front of the law,
and by hacking the law in order to disrupt the way that property relationships
are formed.
To put it simply, in order to create a change in dynamics between the
architecture, norms and the market, the law had to be addressed first. This is
not a novel procedure, "legal hacking is going on all the time, it is just
that politics is doing it under the veil of legality because they are the
parliament, they are Microsoft, which can hire a whole law firm to defend them
and find all the legal loopholes. Legal hacking is the norm actually" (Bailey
2013). When it comes to physical space, one of the most obvious examples of
the reconfiguration of regulations under the influence of the market is to
create legal provisions, norms and architecture to sustain the concept of
developing (and privatizing) public space through public-private partnerships.
The decision of the Italian parliament that the privatization of services
(specifically of water management) is legal and does not obstruct one's access
to water as a human right, is another example of a crude manipulation of the
law by the state in favour of the market. Unlike legal hacks by corporations
that aim to create a favourable legal climate for another round of
accumulation through dispossession, Stallman's hack tries to limit the impact
of the market and to create a space of freedom for the creation of a code and
of sharable knowledge, by questioning one of the central pillars of liberal
jurisprudence: (intellectual) property law.
Similarly, translated into physical space, one of the initiatives in Europe
that comes closest to creating a real existing urban commons, Teatro Valle
Occupato in Rome, is doing the same, "pushing the borders of legality of
private property" by legally hacking the institution of a foundation to "serve
a public, or common, purpose" and having "notarized [a] document registered
with the Italian state, that creates a precedent for other people to follow in
its way" (Bailey 2013). Sounds familiar to Stallman's hack as the fundamental
gesture by which community and the whole eco-system can be formed.
It is obvious that, in order to create and sustain that type of legal hack, it
is a necessity to have a certain level of awareness and knowledge of how
systems, both political and legal, work, i.e. to be politically literate.
"While in general", says Italian commons-activist and legal scholar Saki
Bailey, "we've become extremely lazy [when it comes to politics]. We've
started to become a kind of society of people who give up their responsibility
to participate by handing it over to some charismatic leaders, experts of [a]
different type" (2013). Free software hackers, in order to understand and take
part in a constant negotiation that takes place on a legal level between the
market that seeks to cloister the code and hackers who want to keep it free,
had to become literate in an arcane legal language. Gabriella Coleman notes in
_Coding Freedom_ that hacker forums sometimes tend to produce legal analysis
that is just as serious as one would expect to find in a law office. Like the
occupants of Teatro Valle, free software hackers understand the importance of
devoting time and energy to understand constraints and to find ways to
structurally divert them.
This type of knowledge is not shared and created in isolation, but in
socialization, in discussions in physical or cyber spaces (such as #irc chat
rooms, forums, mailing lists…), the same way free software hackers share their
knowledge about code. Through this process of socializing knowledge, "the
community is formed, developed, and reproduced through practices focused on
common space. To generalize this principle: the community is developed through
commoning, through acts and forms of organization oriented towards the
production of the common" (Stavrides 2012: 588). Thus forming a community is
another crucial element of the creation of digital commons, but even more
important are its development and resilience. The emerging community was not
given something to manage, it created something together, and together devised
rules of self-regulation and decision-making.
The prime example of this principle in the free software community is the
Debian Project, formed around the development of the Debian Linux
distribution. It is a volunteer organization consisting of around 3,000
developers that since its inception in 1993 has defined a set of basic
principles by which the project and its members conduct their affairs. This
includes the introduction of new people into the community, a process called
Debian Social Contract (DSC). A special part of the DSC defines the criteria
for "free software", thus regulating technical aspects of the project and also
technical relations with the rest of a free software community. The Debian
Constitution, another document created by the community so it can govern
itself, describes the organizational structure for formal decision-making
within the project.
Another example is Wikipedia, where the community that makes the online
encyclopedia also takes part in creating regulations, with some aspects
debated almost endlessly on forums. It is even possible to detect a loose
community of "Internet users" who took to the streets all over the world when
SOPA (Stop Online Piracy Act) and PIPA (Preventing Real Online Threats to
Economic Creativity and Theft of Intellectual Property Act) threatened to
enclose the Internet, as we know it; the proposed legislation was successfully
contested.
Free software projects that represent the core of the digital commons are most
of the time born of the initiative of individuals, but their growth and life
cycle depend on the fact that they get picked up by a community or generate
community around them that is allowed to take part in their regulation and in
decisions about which shape and forms the project will take in the future.
This is an important lesson to be transferred to the physical space in which
many projects fail because they do not get picked up by the intended
community, as the community is not offered a chance to partake in its creation
and, more importantly, its regulation.
## Building common infrastructure and institutions
"The expansion of intellectual property law" as the main vehicle of the trend
to enclose the code that leads to the act of the creation of free software
and, thus, digital commons, "is part and parcel of a broader neoliberal trend
to privatize what was once under public or under the state's aegis, such as
health provision, water delivery, and military services" (Coleman 2012: 16).
The structural fight headed by the GNU/GPL against the enclosure of code
"defines the contractual relationship that serves to secure the freedom of
means of production and to constitute a community of those participating in
the production and reproduction of free resources. And it is this constitutive
character, as an answer to an every time singular situation of appropriation
by the capital, that is a genuine political emancipation striving for an equal
and free collective production" (Mars & Medak 2004). Thus digital commons "is
based on the _communication_ among _singularities_ and emerges through
collaborative social processes of production " (Negri & Hardt 2005: 204).
The most important lesson urban commons can take from its digital counterpart
is at the same time the most difficult one: how to make a structural hack in
the moment of the creation of an urban commons that will enable it to become
structurally self-perpetuating, thus creating fertile ground not only for a
singular spatialization of urban commons to appear, but to multiply and create
a whole new eco-system. Digital commons was the first field in which what
Negri and Hardt (2009: 3-21) called the "republic of property" was challenged.
Urban commons, in order to really emerge as a spatialization of a new type of
relationship, need to start undoing property as well in order to socially re-
appropriate the city. Or in the words of Stavros Stavrides "the most urgent
and promising task, which can oppose the dominant governance model, is the
reinvention of common space. The realm of the common emerges in a constant
confrontation with state-controlled 'authorized' public space. This is an
emergence full of contradictions, perhaps, quite difficult to predict, but
nevertheless necessary. Behind a multifarious demand for justice and dignity,
new roads to collective emancipation are tested and invented. And, as the
Zapatistas say, we can create these roads only while walking. But we have to
listen, to observe, and to feel the walking movement. Together" (Stavrides
2012: 594).
The big task for both digital and urban commons is "[b]uilding a core common
infrastructure [which] is a necessary precondition to allow us to transition
away from a society of passive consumers buying what a small number of
commercial producers are selling. It will allow us to develop into a society
in which all can speak to all, and in which anyone can become an active
participant in political, social and cultural discourse" (Benkler 2003: 9).
This core common infrastructure has to be porous enough to include people that
are not similar, to provide "a ground to build a public realm and give
opportunities for discussing and negotiating what is good for all, rather than
the idea of strengthening communities in their struggle to define their own
commons. Relating commons to groups of "similar" people bears the danger of
eventually creating closed communities. People may thus define themselves as
commoners by excluding others from their milieu, from their own privileged
commons." (Stavrides 2010). If learning carefully from digital commons, urban
commons need to be conceptualized on the basis of the public, with a self-
regulating community that is open for others to join. That socializes
knowledge and thus produces and reproduces the commons, creating a space for
political emancipation that is capable of judicial arguments for the
protection and extension of regulations that are counter-market oriented.
## References
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Benkler, Yochai (2003): "The political economy of commons". _Upgrade_ IV, no.
3, 6-9, [www.benkler.org/Upgrade-
Novatica%20Commons.pdf](http://www.benkler.org/Upgrade-
Novatica%20Commons.pdf).
Benkler, Yochai (2006): _The Wealth of Networks: How Social Production
Transforms Markets and Freedom_. New Haven: Yale University Press.
Brecht, Bertolt (2000): "The radio as a communications apparatus". In: _Brecht
on Film and Radio_ , edited by Marc Silberman. Methuen, 41-6.
Coleman, E. Gabriella (2012): _Coding Freedom: The Ethics and Aesthetics of
Hacking_. Princeton University Press / Kindle edition.
Hardt, Michael and Antonio Negri (2005): _Multitude: War and Democracy in the
Age of Empire_. Penguin Books.
Hardt, Michael and Antonio Negri (2011): _Commonwealth_. Belknap Press of
Harvard University Press.
Harvey, David (2012): The Art of Rent. In: _Rebel Cities: From the Right to
the City to the Urban Revolution_ , 1st ed. Verso, 94-118.
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Lessig, Lawrence (2012): _Code: Version 2.0_. Basic Books.
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All_. University of California Press.
Mars, Marcell (2013): Interview by Dubravka Sekulic.
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[www.desk.org:8080/ASU2/newsletter.Zarez.N5M.MedakRomicTXT.EnGlish](http://www.desk.org:8080/ASU2/newsletter.Zarez.N5M.MedakRomicTXT.EnGlish).
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[placesjournal.org/article/public-and-
commons](https://placesjournal.org/article/public-and-commons).
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/commons-in-a-taxonomy-of-goods](http://keimform.de/2010/commons-in-a
-taxonomy-of-goods/).
Moglen, Eben (1999): "Anarchism triumphant: Free software and the death of
copyright", First Monday,
[firstmonday.org/ojs/index.php/fm/article/view/684/594](http://firstmonday.org/ojs/index.php/fm/article/view/684/594).
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34-50.
Stavrides, Stavros, and Massimo De Angelis (2010): "On the commons: A public
interview with Massimo De Angelis and Stavros Stavrides". _e-flux_ 17, 1-17,
[www.e-flux.com/journal/on-the-commons-a-public-interview-with-massimo-de-
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1
"[...] radio is one-sided when it should be two-. It is purely an apparatus
for distribution, for mere sharing out. So here is a positive suggestion:
change this apparatus over from distribution to communication". See "The radio
as a communications apparatus", Brecht 2000.
Published 4 November 2015
Original in English
First published by derive 61 (2015)