USDC
Complaint: Elsevier v. SciHub and LibGen
2015


Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 1 of 16

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Index No. 15-cv-4282 (RWS)
COMPLAINT

ELSEVIER INC., ELSEVIER B.V., ELSEVIER LTD.
Plaintiffs,

v.

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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Bodo
In the Name of Humanity
2016


# In the Name of Humanity

By [Balazs Bodo](https://limn.it/researchers/bodo/)

![In the Name of Humanity](https://limn.it/wp-
content/uploads/2016/02/Gamelin1_t02-745x1024.jpg)

Jacques Gamelin

![](http://limn.it/wp-content/uploads/2016/02
/Fahrenheit_451_1966_Francois_Truffaut-800x435.png)

Fahrenheit 451 (1966).

As I write this in August 2015, we are in the middle of one of the worst
refugee crises in modern Western history. The European response to the carnage
beyond its borders is as diverse as the continent itself: as an ironic
contrast to the newly built barbed-wire fences protecting the borders of
Fortress Europe from Middle Eastern refugees, the British Museum (and probably
other museums) are launching projects to “protect antiquities taken from
conflict zones” (BBC News 2015). We don’t quite know how the conflict
artifacts end up in the custody of the participating museums. It may be that
asylum seekers carry such antiquities on their bodies, and place them on the
steps of the British Museum as soon as they emerge alive on the British side
of the Eurotunnel. But it is more likely that Western heritage institutions,
if not playing Indiana Jones in North Africa, Iraq, and Syria, are probably
smuggling objects out of war zones and buying looted artifacts from the
international gray/black antiquities market to save at least some of them from
disappearing in the fortified vaults of wealthy private buyers (Shabi 2015).
Apparently, there seems to be some consensus that artifacts, thought to be
part of the common cultural heritage of humanity, cannot be left in the hands
of those collectives who own/control them, especially if they try to destroy
them or sell them off to the highest bidder.

The exact limits of expropriating valuables in the name of humanity are
heavily contested. Take, for example, another group of self-appointed
protectors of culture, also collecting and safeguarding, in the name of
humanity, valuable items circulating in the cultural gray/black markets. For
the last decade Russian scientists, amateur librarians, and volunteers have
been collecting millions of copyrighted scientific monographs and hundreds of
millions of scientific articles in piratical shadow libraries and making them
freely available to anyone and everyone, without any charge or limitation
whatsoever (Bodó 2014b; Cabanac 2015; Liang 2012). These pirate archivists
think that despite being copyrighted and locked behind paywalls, scholarly
texts belong to humanity as a whole, and seek to ensure that every single one
of us has unlimited and unrestricted access to them.

The support for a freely accessible scholarly knowledge commons takes many
different forms. A growing number of academics publish in open access
journals, and offer their own scholarship via self-archiving. But as the data
suggest (Bodó 2014a), there are also hundreds of thousands of people who use
pirate libraries on a regular basis. There are many who participate in
courtesy-based academic self-help networks that provide ad hoc access to
paywalled scholarly papers (Cabanac 2015).[1] But a few people believe that
scholarly knowledge could and should be liberated from proprietary databases,
even by force, if that is what it takes. There are probably no more than a few
thousand individuals who occasionally donate a few bucks to cover the
operating costs of piratical services or share their private digital
collections with the world. And the number of pirate librarians, who devote
most of their time and energy to operate highly risky illicit services, is
probably no more than a few dozen. Many of them are Russian, and many of the
biggest pirate libraries were born and/or operate from the Russian segment of
the Internet.

The development of a stable pirate library, with an infrastructure that
enables the systematic growth and development of a permanent collection,
requires an environment where the stakes of access are sufficiently high, and
the risks of action are sufficiently low. Russia certainly qualifies in both
of these domains. However, these are not the only reasons why so many pirate
librarians are Russian. The Russian scholars behind the pirate libraries are
familiar with the crippling consequences of not having access to fundamental
texts in science, either for political or for purely economic reasons. The
Soviet intelligentsia had decades of experience in bypassing censors, creating
samizdat content distribution networks to deal with the lack of access to
legal distribution channels, and running gray and black markets to survive in
a shortage economy (Bodó 2014b). Their skills and attitudes found their way to
the next generation, who now runs some of the most influential pirate
libraries. In a culture, where the know-how of how to resist information
monopolies is part of the collective memory, the Internet becomes the latest
in a long series of tools that clandestine information networks use to build
alternative publics through the illegal sharing of outlawed texts.

In that sense, the pirate library is a utopian project and something more.
Pirate librarians regard their libraries as a legitimate form of resistance
against the commercialization of public resources, the (second) enclosure
(Boyle 2003) of the public domain. Those handful who decide to publicly defend
their actions, speak in the same voice, and tell very similar stories. Aaron
Swartz was an American hacker willing to break both laws and locks in his
quest for free access. In his 2008 “Guerilla Open Access Manifesto” (Swartz
2008), he forcefully argued for the unilateral liberation of scholarly
knowledge from behind paywalls to provide universal access to a common human
heritage. A few years later he tried to put his ideas into action by
downloading millions of journal articles from the JSTOR database without
authorization. Alexandra Elbakyan is a 27-year-old neurotechnology researcher
from Kazakhstan and the founder of Sci-hub, a piratical collection of tens of
millions of journal articles that provides unauthorized access to paywalled
articles to anyone without an institutional subscription. In a letter to the
judge presiding over a court case against her and her pirate library, she
explained her motives, pointing out the lack of access to journal articles.[2]
Elbakyan also believes that the inherent injustices encoded in current system
of scholarly publishing, which denies access to everyone who is not
willing/able to pay, and simultaneously denies payment to most of the authors
(Mars and Medak 2015), are enough reason to disregard the fundamental IP
framework that enables those injustices in the first place. Other shadow
librarians expand the basic access/injustice arguments into a wider critique
of the neoliberal political-economic system that aims to commodify and
appropriate everything that is perceived to have value (Fuller 2011; Interview
with Dusan Barok 2013; Sollfrank 2013).

Whatever prompts them to act, pirate librarians firmly believe that the fruits
of human thought and scientific research belong to the whole of humanity.
Pirates have the opportunity, the motivation, the tools, the know-how, and the
courage to create radical techno-social alternatives. So they resist the
status quo by collecting and “guarding” scholarly knowledge in libraries that
are freely accessible to all.

![](http://limn.it/wp-content/uploads/2016/02/NewtonLibraryBooks-800x484.png)

Water-damaged books drying, 1985.

Both the curators of the British Museum and the pirate librarians claim to
save the common heritage of humanity, but any similarities end there. Pirate
libraries have no buildings or addresses, they have no formal boards or
employees, they have no budgets to speak of, and the resources at their
disposal are infinitesimal. Unlike the British Museum or libraries from the
previous eras, pirate libraries were born out of lack and despair. Their
fugitive status prevents them from taking the traditional paths of
institutionalization. They are nomadic and distributed by design; they are _ad
hoc_ and tactical, pseudonymous and conspiratory, relying on resources reduced
to the absolute minimum so they can survive under extremely hostile
circumstances.

Traditional collections of knowledge and artifacts, in their repurposed or
purpose-built palaces, are both the products and the embodiments of the wealth
and power that created them. Pirate libraries don’t have all the symbols of
transubstantiated might, the buildings, or all the marble, but as
institutions, they are as powerful as their more established counterparts.
Unlike the latter, whose claim to power was the fact of ownership and the
control over access and interpretation, pirates’ power is rooted in the
opposite: in their ability to make ownership irrelevant, access universal, and
interpretation democratic.

This is the paradox of the total piratical archive: they collect enormous
wealth, but they do not own or control any of it. As an insurance policy
against copyright enforcement, they have already given everything away: they
release their source code, their databases, and their catalogs; they put up
the metadata and the digitalized files on file-sharing networks. They realize
that exclusive ownership/control over any aspects of the library could be a
point of failure, so in the best traditions of archiving, they make sure
everything is duplicated and redundant, and that many of the copies are under
completely independent control. If we disregard for a moment the blatantly
illegal nature of these collections, this systematic detachment from the
concept of ownership and control is the most radical development in the way we
think about building and maintaining collections (Bodó 2015).

Because pirate libraries don’t own anything, they have nothing to lose. Pirate
librarians, on the other hand, are putting everything they have on the line.
Speaking truth to power has a potentially devastating price. Swartz was caught
when he broke into an MIT storeroom to download the articles in the JSTOR
database.[3] Facing a 35-year prison sentence and $1 million in fines, he
committed suicide.[4] By explaining her motives in a recent court filing,[5]
Elbakyan admitted responsibility and probably sealed her own legal and
financial fate. But her library is probably safe. In the wake of this lawsuit,
pirate libraries are busy securing themselves: pirates are shutting down
servers whose domain names were confiscated and archiving databases, again and
again, spreading the illicit collections through the underground networks
while setting up new servers. It may be easy to destroy individual
collections, but nothing in history has been able to destroy the idea of the
universal library, open for all.

For the better part of that history, the idea was simply impossible. Today it
is simply illegal. But in an era when books are everywhere, the total archive
is already here. Distributed among millions of hard drives, it already is a
_de facto_ common heritage. We are as gods, and might as well get good at
it.[6]



## About the author

**Bodo Balazs,**  PhD, is an economist and piracy researcher at the Institute
for Information Law (IViR) at the University of Amsterdam. [More
»](https://limn.it/researchers/bodo/)

## Footnotes

[1] On such fora, one can ask for and receive otherwise out-of-reach
publications through various reddit groups such as
[r/Scholar](https://www.reddit.com/r/Scholar) and using certain Twitter
hashtags like #icanhazpdf or #pdftribute.

[2] Elsevier Inc. et al v. Sci-Hub et al, New York Southern District Court,
Case No. 1:15-cv-04282-RWS

[3] While we do not know what his aim was with the article dump, the
prosecution thought his Manifesto contained the motives for his act.

[4] See _United States of America v. Aaron Swartz_ , United States District
Court for the District of Massachusetts, Case No. 1:11-cr-10260

[5] Case 1:15-cv-04282-RWS Document 50 Filed 09/15/15, available at
[link](https://www.unitedstatescourts.org/federal/nysd/442951/).

[6] I of course stole this line from Stewart Brand (1968), the editor of the
Whole Earth catalog, who, in return, claims to have been stolen it from the
British anthropologist Edmund Leach. See
[here](http://www.wholeearth.com/issue/1010/article/195/we.are.as.gods) for
the details.

## Bibliography

BBC News. “British Museum ‘Guarding’ Object Looted from Syria. _BBC News,_
June 5. Available at [link](http://www.bbc.com/news/entertainment-
arts-33020199).

Bodó, B. 2015. “Libraries in the Post-Scarcity Era.” In _Copyrighting
Creativity_ , edited by H. Porsdam (pp. 75–92). Aldershot, UK: Ashgate.

———. 2014a. “In the Shadow of the Gigapedia: The Analysis of Supply and Demand
for the Biggest Pirate Library on Earth.” In _Shadow Libraries_ , edited by J.
Karaganis (forthcoming). New York: American Assembly. Available at
[link](http://ssrn.com/abstract=2616633).

———. 2014b. “A Short History of the Russian Digital Shadow Libraries.” In
Shadow Libraries, edited by J. Karaganis (forthcoming). New York: American
Assembly. Available at [link](http://ssrn.com/abstract=2616631).

Boyle, J. 2003. “The Second Enclosure Movement and the Construction of the
Public Domain.” _Law and Contemporary Problems_ 66:33–42. Available at
[link](http://dx.doi.org/10.2139/ssrn.470983).

Brand, S. 1968. _Whole Earth Catalog,_ Menlo Park, California: Portola
Institute.

Cabanac, G. 2015. “Bibliogifts in LibGen? A Study of a Text‐Sharing Platform
Driven by Biblioleaks and Crowdsourcing.” _Journal of the Association for
Information Science and Technology,_ Online First, 27 March 2015 _._

Fuller, M. 2011. “In the Paradise of Too Many Books: An Interview with Sean
Dockray.” _Metamute._ Available at
[link](http://www.metamute.org/editorial/articles/paradise-too-many-books-
interview-sean-dockray).

Interview with Dusan Barok. 2013. _Neural_ 10–11.

Liang, L. 2012. “Shadow Libraries.” _e-flux._  Available at
[link](http://www.e-flux.com/journal/shadow-libraries/).

Mars, M., and Medak, T. 2015. “The System of a Takedown: Control and De-
commodification in the Circuits of Academic Publishing.” Unpublished
manuscript.

Shabi, R. 2015. “Looted in Syria–and Sold in London: The British Antiques
Shops Dealing in Artefacts Smuggled by ISIS.” _The Guardian,_ July 3.
Available at [link](http://www.theguardian.com/world/2015/jul/03/antiquities-
looted-by-isis-end-up-in-london-shops).

Sollfrank, C. 2013. “Giving What You Don’t Have: Interviews with Sean Dockray
and Dmytri Kleiner.” _Culture Machine_ 14:1–3.

Swartz, A. 2008. “Guerilla Open Access Manifesto.” Available at
[link](https://archive.org/stream/GuerillaOpenAccessManifesto/Goamjuly2008_djvu.txt).


Goldsmith
UbuWeb at 15 Years An Overview
2011


# UbuWeb at 15 Years: An Overview

By [Kenneth Goldsmith](https://www.poetryfoundation.org/poets/kenneth-
goldsmith)

It's amazing to me that [UbuWeb](http://ubu.com), after fifteen years, is
still going. Run with no money and put together pretty much without
permission, Ubu has succeeded by breaking all the rules, by going about things
the wrong way. UbuWeb can be construed as the Robin Hood of the avant-garde,
but instead of taking from one and giving to the other, we feel that in the
end, we're giving to all. UbuWeb is as much about the legal and social
ramifications of its self-created distribution and
[archiving](http://www.poetryfoundation.org/harriet/2011/04/archiving-is-the-
new-folk-art/) system as it is about the content hosted on the site. In a
sense, the content takes care of itself; but keeping it up there has proved to
be a trickier proposition. The socio-political maintenance of keeping free
server space with unlimited bandwidth is a complicated dance, often interfered
with by darts thrown at us by individuals calling foul-play on copyright
infringement. Undeterred, we keep on: after fifteen years, we're still going
strong. We're lab rats under a microscope: in exchange for the big-ticket
bandwidth, we've consented to be objects of university research in the
ideology and practice of radical distribution.

But by the time you read this, UbuWeb may be gone. Cobbled together, operating
on no money and an all-volunteer staff, UbuWeb has become the unlikely
definitive source for all things avant-garde on the internet. Never meant to
be a permanent archive, Ubu could vanish for any number of reasons: our ISP
pulls the plug, our university support dries up, or we simply grow tired of
it. Acquisition by a larger entity is impossible: nothing is for sale. We
don't touch money. In fact, what we host has never made money. Instead, the
site is filled with the detritus and ephemera of great artists—[the music of
Jean Dubuffet](http://www.ubu.com/sound/dubuffet.html), [the poetry of Dan
Graham](http://www.ubu.com/aspen/aspen5and6/poem.html),[ Julian Schnabel’s
country music](http://ubu.com/sound/schnabel.html), [the punk rock of Martin
Kippenberger](http://ubu.com/sound/kippenberger.html), [the diaries of John
Lennon](http://www.ubu.com/aspen/aspen7/diary.html), [the rants of Karen
Finley](http://www.ubu.com/sound/uproar.html), and [pop songs by Joseph
Beuys](http://www.ubu.com/film/beuys_sonne.html)—all of which was originally
put out in tiny editions and vanished quickly.

However the web provides the perfect place to restage these works. With video,
sound, and text remaining more faithful to the original experience than, say,
painting or sculpture, Ubu proposes a different sort of revisionist art
history, one based on the peripheries of artistic production rather than on
the perceived, or market-based, center. Few people, for example, know that
Richard Serra makes videos. Whilst visiting his recent retrospective at The
Museum of Modern Art in New York, there was no sign of [TELEVISION DELIVERS
PEOPLE](http://www.ubu.com/film/serra_television.html) (1973) or
[BOOMERANG](http://www.ubu.com/film/serra_boomerang.html) (1974), both being
well-visited resources on UbuWeb. Similarly, Salvador Dali’s obscure video,
[IMPRESSIONS DE LA HAUTE MONGOLIE—HOMMAGE Á RAYMOND
ROUSSEL](http://www.ubu.com/film/dali_impressions.html) from the mid-70s can
be viewed. Outside of UN CHIEN ANDALOU (1929), it’s the only other film he
completed in his lifetime. While you won’t find reproductions of Dali’s
paintings on UbuWeb, you will find [a 1967 recording of an advertisement he
made for a bank.](http://ubumexico.centro.org.mx/sound/dali_salvador/Dali-
Salvador_Apoth-du-dollar_1967.mp3)

It’s not all off-beat: there is, in all fairness, lots of primary expressions
of artists’ works which port to the web perfectly: [the films of Hollis
Frampton](http://ubu.com/film/frampton.html), [readings by Alain Robbe-
Grillet](http://www.ubu.com/aspen/aspen5and6/audio5B.html#jealousy), [Samuel
Beckett radio plays](http://www.ubu.com/sound/beckett.html), [the concrete
poems of Mary Ellen Solt](http://ubu.com/historical/solt/index.html), [the
writings of Maurice Blanchot](http://ubu.com/ubu/blanchot_last_man.html) and
the [music of Meredith Monk](http://www.ubu.com/sound/monk.html), to name a
few.

UbuWeb began in 1996 as a site focusing on visual and concrete poetry. With
the advent of the graphical web browser, we began scanning old concrete poems,
astonished by how fresh they looked backlit by the computer screen. Shortly
thereafter, when streaming audio became available, it made sense to extend our
scope to sound poetry, and as bandwidth increased we later added MP3s as well
as video. Sound poetry opened up a whole new terrain: certain of [John Cage’s
readings](http://www.ubu.com/sound/cage.html) of his mesostic texts could be
termed “sound poetry,” hence we included them. As often, though, Cage combined
his readings with an orchestral piece; we included those as well. But soon, we
found ourselves unable to distinguish the difference between “sound poetry”
and “music.” We encountered this dilemma time and again whether it was with
the compositions of [Maurico Kagel](http://www.ubu.com/sound/kagel.html),
[Joan La Barbara](http://www.ubu.com/sound/lab.html), or [Henri
Chopin](http://www.ubu.com/sound/chopin.html), all of whom are as well-known
as composers as they are sound artists. After a while, we gave up trying to
name things; we dropped the term “sound poetry” and referred to it thenceforth
simply as “[Sound](http://www.ubu.com/sound/index.html).”

When we began posting [found street
poems](http://www.ubu.com/outsiders/ass.html) that used letter forms in
fantastically innovative ways, we had to reconsider what “concrete poetry”
was. As time went on, we seemed to be outgrowing our original taxonomies until
we simply became a repository for the “avant-garde” (whatever that means—our
idea of what is “avant-garde” seems to be changing all the time). UbuWeb
adheres to no one historical narrative, rather we’re more interested in
putting several disciplines into the same space and seeing how they interact:
poetry, music, film, and literature from all periods encounter and bounce off
of each other in unexpected ways.

In 2005, we acquired a collection called [The 365 Days
Project](http://www.ubu.com/outsiders/365/index.shtml), a year’s worth of
outrageous MP3s that can be best described as celebrity gaffs, recordings of
children screeching, how-to records, song-poems, propagandistic religious
ditties, spoken word pieces, even ventriloquist acts. However, buried deep
within The 365 Days Project were rare tracks by the legendary avant-gardist
[Nicolas Slonimsky](http://www.ubu.com/outsiders/365/2003/070.shtml), an
early-to-mid-twentieth century conductor, performer, and composer belting out
advertisements and children’s ditties on the piano in an off-key voice. UbuWeb
had already been hosting historical recordings from the 1920s he
[conducted](http://www.ubu.com/sound/slonimsky.html) of [Charles
Ives](http://ubumexico.centro.org.mx/sound/slonimsky_nicolas/Slonimsky-
Nicolas_02_Ives-Barn-Dance.mp3), [Carl
Ruggles](http://www.ubu.com/sound/agp/AGP167.html), and [Edgard
Varèse](http://ubumexico.centro.org.mx/sound/slonimsky_nicolas/Slonimsky-
Nicolas_01_Varese-Ionisation.mp3) in our Sound section, yet nestled in amongst
oddballs like [Louis Farrakhan singing
calypso](http://www.ubu.com/outsiders/365/2003/091.shtml) or high school
choir’s renditions of “[Fox On The
Run](http://blogfiles.wfmu.org/DP/2003/01/365-Days-Project-01-04-dondero-high-
school-a-capella-choir-fox-on-the-run-1996.mp3),” Slonimsky fit into both
categories—high and low—equally well.

A few years back, Jerome Rothenberg, the leading scholar of
[Ethnopoetics](http://ubu.com/ethno/), approached us with an idea to include a
wing which would feature Ethnopoetic sound, visual art, poetry, and essays.
Rothenberg’s interest was specific to UbuWeb: how the avant-garde dovetailed
with the world’s deep cultures—those surviving in situ as well as those that
had vanished except for transcriptions in books or recordings from earlier
decades. Sound offerings include everything from [Slim
Gaillard](http://ubu.com/ethno/soundings/gaillard.html) to [Inuit throat
singing](http://ubu.com/ethno/soundings/inuit.html), each making formal
connections to modernist strains of [Dada](http://www.ubu.com/sound/dada.html)
or [sound poetry](http://ubu.com/sound/poesia_sonora.html). Likewise, the
Ethnopoetic visual poetry section ranges from [Chippewa song
pictures](http://ubu.com/ethno/visuals/chip.html) to [Paleolithic
palimpsests](http://ubu.com/ethno/visuals/paleo.html) to [Apollinaire’s
Calligrammes](http://ubu.com/historical/app/index.html) (1912–18) There are
dozens of papers with topics like “[Louis Armstrong and the Syntax of
Scat](http://ubu.com/ethno/discourses/syntax_of_scat.doc)” to [Kenneth
Rexroth’s writings on American Indian
song](http://ubu.com/ethno/discourses/rexroth_indian.html).

There are over 2500 full-length avant-garde films and videos, both streaming
and downloadable, including the videos of [Vito
Acconci](http://www.ubu.com/film/acconci.html) and the filmic oeuvre of [Jack
Smith](http://www.ubu.com/film/smith_jack.html), You can also find several
biographies and interviews with authors such as [Jorge Luis
Borges](http://www.ubu.com/film/borges.html),[ J. G.
Ballard](http://www.ubu.com/film/ballard.html), [Allen
Ginsberg](http://www.ubu.com/film/ginsberg.html), and [Louis-Ferdinand
Céline](http://www.ubu.com/film/celine.html). And there are a number of films
about avant-garde music, most notably [Robert
Ashley](http://www.ubu.com/sound/ashley.html)’s epic 14-hour [Music with Roots
in the Aether](http://www.ubu.com/film/aether.html), a series of composer
portraits made in the mid-70s featuring artists such as [Pauline
Oliveros](http://www.ubu.com/film/oliveros.html), [Philip
Glass](http://www.ubu.com/film/glass_aether.html), and [Alvin
Lucier](http://www.ubu.com/film/aether.html). A dozen of the rarely screened
films by [Mauricio Kagel](http://www.ubu.com/film/kagel.html) can be viewed as
can [Her Noise](http://www.ubu.com/film/her_noise.html), a documentary about
women and experimental music from 2005. There are also hours of performance
documentation, notably the entire [Cinema of
Transgression](http://www.ubu.com/film/transgression.html) series with films
by [Beth B](http://www.ubu.com/film/b.html) and [Richard
Kern](http://www.ubu.com/film/kern.html), a lecture by [Chris
Burden](http://www.ubu.com/film/burden.html), a bootleg version of [Robert
Smithson’s HOTEL PALENQUE](http://www.ubu.com/film/smithson.html), (1969) and
an astonishing [21-minute clip of Abbie Hoffman making gefilte
fish](http://www.ubu.com/film/hoffman.html) on Christmas Eve of 1973.

Other portions of the site include a vast repository of papers about audio,
performance, conceptual art, and poetry. There are large sections of artists
simply placed together under categories of Historical and Contemporary. And
then there is [/ubu Editions](http://www.ubu.com/ubu/), which offers full-
length PDFs of literature and poetry. Among the 73 titles, authors include Tim
Davis, Ron Silliman, Maurice Blanchot, Caroline Bergvall, Claude Simon, Jeremy
Sigler, Severo Sarduy, and Juliana Spahr. And finally there is a [Conceptual
Writing](http://ubu.com/concept/index.html) wing which highlights contemporary
trends in poetry as well as its historical precedents.

How does it all work? Most importantly, UbuWeb functions on no money: all work
is done by volunteers. Our server space and bandwidth is donated by several
universities, who use UbuWeb as an object of study for ideas related to
radical distribution and gift economies on the web. In terms of content, each
section has an editor who brings to the site their area of expertise. Ubu is
constantly being updated but the mission is different from the flotsam and
jetsam of a blog; rather, we liken it to a library which is ever-expanding in
uncanny—and often uncategorizable—directions. Fifteen years into it, UbuWeb
hosts over 7,500 artists and several thousand works of art. You’ll never find
an advertisement, a logo, or a donation box. UbuWeb has always been and will
always be free and open to all.

The future is eminently scalable: as long as we have the bandwidth and server
space, there is no limit as to how big the site can grow. For the moment, we
have no competition, a fact we’re not happy about. We’re distressed that there
is only one UbuWeb: why aren’t there dozens like it? Looking at the art world,
the problem appears to be a combination of an adherence to an old economy (one
that is working very well with a booming market) and sense of trepidation,
particularly in academic circles, where work on the internet is often not
considered valid for academic credit. As long as the art world continues to
prize economies of scarcity over those based on plentitude, the change will be
a long time coming. But UbuWeb seeks to offer an alternative by invoking a
gift economy of plentitude with a strong emphasis on global education. We’re
on numerous syllabi, ranging from kindergarteners studying pattern poetry to
post graduates listening to hours of Jacques Lacan’s
[Séminaires](http://www.ubu.com/sound/lacan.html).

And yet . . . it could vanish any day. Beggars can’t be choosers and we gladly
take whatever is offered to us. We don’t run on the most stable of servers or
on the swiftest of machines; hacks and crashes eat into the archive on a
periodic basis; sometimes the site as a whole goes down for days; occasionally
the army of volunteers dwindles to a team of one. But that’s the beauty of it:
UbuWeb is vociferously anti-institutional, eminently fluid, refusing to bow to
demands other than what we happen to be moved by at a specific moment,
allowing us flexibility and the ability to continually surprise our audience .
. . and even ourselves.

Originally Published: April 26th, 2011

Kenneth Goldsmith's writing has been called some of the most "exhaustive and
beautiful collage work yet produced in poetry" by _Publishers Weekly._
Goldsmith is the author of eight books of poetry, founding editor of the
online archive UbuWeb (http://ubu.com), and the editor _I 'll Be Your Mirror:
The Selected Andy Warhol..._



 

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