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/)
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.
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).
Sollfrank & Mars
Public Library
2013
Marcell Mars
Public Library
Berlin, 1 February 2013
[00:13]
Public Library is the concept, the idea, to encourage people to become a
librarian, where a librarian is a person which can allow access to books – and
also which has a catalogue or index, so that it's searchable. [00:32] And the
person, the human being, can communicate, can talk with others who are
interested in that catalogue of books. [00:43] And then when you have a
librarian, and you have a lot of librarians, you have a Public Library,
because we have access to books, we have a catalogue, and we have a librarian.
That's the basic set up. [00:55] And in order to really work, in practice, we
need to introduce a set of tools which are easy to use, like Calibre, for
example, for book management. [01:07] And then also some part of that set up
should be also developed because at the moment, because of the configuration
of the routers, IP addresses and other things, it's not that easy to share
your local library which you have on your laptop with the world. [01:30] So we
also provide... When I say ‘we,’ it's a small team, at the moment, of
developers who try to address that problem. [01:38] We don't need to reinvent
the public library. It's invented, and it should be just maintained. [01:47]
The old-school public libraries – they are in decline because of many reasons.
And when it comes to the digital networks, the digital books, it's almost like
the worst position. [01:59] For example, public libraries in the US, they are
not allowed to buy digital books, for example from Penguin. So even when they
want to buy, it's not that they are getting them, it's that they can't buy the
books. [02:16] By the current legal regulation, it's considered as illegal – a
million of books, or even more, are unavailable, and I think that these books
should be really available. [02:29] And it doesn't really matter how it got on
Internet – did it come from a graphic designer who is preparing that for
print, or if it was uploaded somewhere from the author of the book (that is
also very common, especially in humanities), or if it was digitised anywhere.
[02:50] So these are the books which we have, and we can't be blinded, they
are here. The practice at the moment is almost like trying to find a
prostitute or something, so when you want to get a book online you need to get
onto the websites with advertisements for casinos, for porn and things like
that. [03:14] I don't think that the library should be like that.
[03:18]
Book Management
[03:22]
What we are trying to provide is just suggesting what kind of book management
software they can use, and also what kind of new software tools they can
install in order to easily get the messy directory into the directory of
metadata which Calibre can recognise – and then you can just use Calibre. The
next step is if you can share your local library with the world. [03:52] You
need something like a management software where it's easy to see who are the
authors, what the titles, publishers and all of the metadata – and it's
accessible from the outside.
[04:08]
Calibre
[04:12]
Calibre is a book management software. It's developed by Kovid Goyal, a
software developer. [04:22] It's a free software, open source, and it started
like many other free software projects. It started as a small tool to solve
very particular small problems. [04:31] But then, because it was useful, it
got more and more users, and then Kovid started to develop it more into a
proper, big book management software. At the moment it has more that 10
million registered users who are running that. [04:52] It does so many things
for book management. It's really ‘the’ software tool... If you have an
e-reader, for example, it recognises your e-reader, it registers it inside of
Calibre and then you can easily just transfer the books. [05:08] Also for
years there was a big problem of file formats. So for example, Amazon, in
order to keep their monopoly in that area, they wouldn't support EPUB or PDF.
And then if you got your book somewhere – if you bought it or just downloaded
from the Internet, you wouldn't be able to read it on your reader. [05:31]
Then Calibre was just developing the converter tools. And it was all in one
package, so that Calibre just became the tool for book management. [05:43] It
has a web server as a part of it. So in a local area network – if you just
start that web server and you are running a local area network, it can have a
read-only searchable access to your local library, to your books, and it can
search by any of these metadata.
[06:05]
Tools Around Calibre
[06:09]
I developed a software which I call Let's Share Books, which is super small
compared to Calibre. It just allows you, with one click, to get your library
shared on the Internet. [06:24] So that means that you get a public URL, which
says something like www some-number dot memoryoftheworld dot net, and that is
the temporary public URL. You can send it to anyone in the world. [06:37] And
while you are running your local web server and share books, it would just
serve these books to the Internet. [06:45] I also set up a web chat – kind of
a room where people can talk to each other, chat to each other. [06:54] So
it’s just, trying to develop tools around Calibre, which is mostly for one
person, for one librarian – to try to make some kind of ecosystem for a lot of
librarians where they can meet with their readers or among themselves, and
talk about the books which they love to read and share. [07:23] It’s mostly
like a social networking around the books, where we use the idea and tradition
of the public library. [07:37] In order to get there I needed to set up a
server which only does routing. So with my software I don’t know which books
are transferred, anything. It’s just like a router. [07:56] You can do that
also if you have control of your router, or what we usually call modem, so the
device which you use to get to the Internet. But that is quite hard to hack,
just hackers know how to do that. [08:13] So I just made a server on the
Internet which you can use with one click, and it just routes the traffic
between you, if you’re a librarian, and your users, readers. So that’s that
easy.
[08:33]
Librarians
[08:38] It’s super easy to become a librarian, and that is what we should
celebrate. It’s not that the only librarians which we have were the librarians
who were the only ones wanting to become a librarian. [08:54] So lots of
people want to be a librarian, and lots of people are librarians whenever they
have a chance. [09:00] So you would probably recommend me some books which you
like. I’ll recommend you some books which I like. So I think we should
celebrate that now it’s super easy that anyone can be a librarian. [09:11] And
of course, we will still need professional librarians in order to push forward
the whole field. But that goes, again, in collaboration with software
engineers, information architectes, whatever… [09:26] It’s so easy to have
that, and the benefits of that are so great, that there is no reason why not
to do that, I would say.
[09:38]
Functioning
[09:43]
If you want to share your collection then you need to install at the moment
Calibre, and Let’s Share Books software, which I wrote. But also you can – for
example, there is a Calibre plugin for Aaaaarg, so if you use Calibre… from
Calibre you can search Aaaaarg, you can download books from Aaaaarg, you can
also change the metadata and upload the metadata up to Aaaaarg.
[10:13]
Repositories
[10:17]
At the moment the biggest repository for the books, in order to download and
make your catalogue, is Library Genesis. It’s around 900,000 books. It’s
libgen.info, libgen.org. And it’s a great project. [10:33] It’s done by some
Russian hackers, who also allow anyone to download all of that. It’s 9
Terabytes of books, quite some chunk of hard disks which you need for that.
[10:47] And you can also download PHP, the back end of the website and the
MySQL database (a thumb of the MySQL database), so you can run your own
Library Genesis. That’s one of the ways how you can do that. [11:00] You can
also go and join Aaaaarg.org, where it is also not just about downloading
books and uploading books, it’s also about communication and interpretation of
making, different issues and catalogues. [11:14] It’s a community of book
lovers who like to share knowledge, and who add quite a lot of value around
the books by doing that. [11:26] And then there is… you can use Calibre and
Let’s Share Books. It’s just one of these complimentary tools. So it’s not
really that Calibre and Let’s Share Books is the only way how you can today
share books.
[11:45]
Goal
[11:50]
What we do also has a non-hidden agenda for fighting for the public library. I
would say that most of the people we know, even the authors, they all
participate in the huge, massive Public Library – which we don’t call Public
Library, but usually just trying to hide that we are using that because we are
afraid of the restrictive regime. [12:20] So I don’t see a reason why we
should shut down such a great idea and great implementation – a great resource
which we have all around the world. [12:30] So it’s just an attempt to map all
of these projects and to try to improve them. Because, in order to get it into
the right shape, we need to improve the metadata. [12:47] Open Library, a
project which started also with Aaron Swartz, has 20 millions items, and we
use it. There is a basedata.org which connects the hash files, the MD5 hashes,
with the Open Library ID. And we try to contribute to Open Library as much as
possible. [13:10] So with very few people, around 5 people, we can improve it
so much that it will be for a billion of users a great Public Library, and at
the same time we can have millions of librarians, which we never had before.
So that’s the idea. [13:35] The goal is just to keep the Public Library. If we
didn’t screw up the whole situation with the Public Library, probably we’d
just try to add a little bit of new software, and new ways that we can read
the books. [13:53] But at the moment [it’s] super important actually to keep
this infrastructure running, because this super important infrastructure for
the access to knowledge is now under huge threat.
[14:09]
Copyright
[14:13]
I just think that it’s completely inappropriate – that copyright law is
completely inappropriate for the Public Library. I don’t know about other
cases, but in terms of Public Library it’s absolutely inappropriate. [14:29]
We should find the new ways of how to reward the ones who are adding value to
sharing knowledge. First authors, then anyone who is involved in public
libraries, like librarians, software engineers – so everyone who is involved
in that ecosystem should be rewarded, because it’s a great thing, it’s a
benefit for the society. [15:03] If this kind of things happens, so if the law
which regulates this blocks and doesn’t let that field blossom, it’s something
wrong with that law. [15:16] It’s getting worse and worse, so I don’t know for
how long we should wait, because while we’re waiting it’s getting worse.
[15:24] I don’t care. And I think that I can say that because I’m an artist.
Because all of these laws are made saying that they are representing art, they
are representing the interest of artists. I’m an artist. They don’t really
represent my interests. [15:46] I think that it should be taken over by the
artists. And if there are some artists who disagree – great, let’s have a
discussion.
[15:58]
Civil Disobedience
[16:03]
In the possibilities of civil disobedience – which are done also by
institutions, not just by individuals – and I think that in such clear cases
like the Public Library it’s easy. [16:17] So I think that what I did in this
particular case is nothing really super smart – it’s just reducing this huge
issue to something which is comprehensible, which is understandable for most
of the people. [16:31] There is no one really who doesn’t understand what
public library is. And if you say to anyone in the world, saying, like hey, no
more public libraries, hey, no books anymore, no books for the poor people. We
are just giving up on something which we almost consensually accepted through
the whole world. [16:55] And I think that in such clear cases, I’m really
interested [in] what institutions could do, like Transmediale. I’m now in
[Akademie] Schloss Solitude, I also proposed to make a server with a Public
Library. If you invest enough it’s a million of books, it’s a great library.
[17:16] And of course they are scared. And I think that the system will never
really move if people are not brave. [17:26] I’m not really trying to
encourage people to do something where no one could really understand, you
know, and you need expertise or whatever. [17:37] In my opinion this is the
big case. And if Transmediale or any other art institution is playing with
that, and showing that – let’s see how far away we can support this kind of
things. [17:56] The other issue which I am really interested in is what is the
infrastructure, who is running the infrastructures, and what kind of
infrastructures are happen in between these supposedly avant-garde
institutions, or something. [08:12] So I’m really interested in raising these
issues.
[18:17]
Art Project
[18:21]
Public Library is also an art project where… I would say that just in the same
way that corporations, by their legal status, can really kind of mess around
with different… they can’t be that much accountable and responsible – I think
that this is the counterpart. [18:44] So civil disobedience can use art just
the same way that corporations can use their legal status. [18:51] When I was
invited as a curator and artist to curate the HAIP Festival in Ljubljana, I
was already quite into the topic of sharing access to knowledge. And then I
came up with this idea and everybody liked it and everybody was enthusiastic.
It's one of these ideas where you can see that it’s great, there is no one
really who would oppose to that. [19:28] At the same time there was an
exhibition, Dear Art, curated by WHW, quite established curators. And then it
immediately became an art piece for that exhibition. Then I was invited here
to Transmediale, and have a couple of other invitations. [19:45] I think that
it also shows that art institutions are accepting that, they play with that
idea. And I think that this kind of projects – by having that acceptance it
becomes the issue, it becomes the problem of the whole arts establishment.
[20:10] So I think that if I do this in this way, and if there is a curator
who invites this kind of projects – so who invites Public Library into their
exhibition – it’s also showing their kind of readiness to fight for that
issue. [20:27] And if there are a number of art festivals, a number of art
exhibitions, who are supporting this kind of, lets say, civil disobedience,
that also shows something. [20:38] And I think that that kind of context
should be pushed into the confrontation, so it’s not anymore just playing “oh,
is it is ok, it is not? We should deal with all the complexity…” [20:57] There
is no real complexity here. That complexity is somewhere else, and in some
other step we should take care of that. But this is an art piece, it’s a well
established art piece. [21:11] If you make a Public Library, I'm fine, I’m
sacrificing for taking the responsibility. But you shouldn't melt down that
art piece, I think. [21:26] And I feel super stupid that such a simple concept
should be, in 2013, articulated to whom? In many ways it’s like playing dummy,
I play dummy. It’s like, why should I? [21:50] When we started to play in
Ljubljana like software developers we came up with so many great ideas of how
to use those resources. So it was immediately… just after couple of hours we
had tools – visualisations of that, a reader of Wikipedia which can embed any
page which is referred, as a reference, a quote. [22:17] It was immediately
obvious for anyone there and for anyone from the outside what a huge resource
is having a Public Library like that – and what’s the huge harm that we don’t
have it. [22:32] But still we need to play dummy, I need to play the artist’s
role, you know.