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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Dockray
Openings and Closings
2013
Militarization of campuses
Early, on a recent November morning, 400 Military Police with tear gas and helicopters arrested 72 people, almost all students of the University of Sao Paulo. Those people were occupying the Rectory in response to an other arrest – of 3 fellow students – which was itself a consequence of the contract that the university administration signed with the MP, an agreement inviting the police back onto campus after decades in which this presence was essentially prohibited. University “autonomy” had been established by Article 207 of the 1988 Brazilian Constitution to close a chapter on Brazil’s military rule, during which time the Military Police enforced a series of decrees aimed at eliminating opposition to the dictatorship, including the local articulation of the 1960’s student movement. The 1964 Suplicy de Lacerda law forbade student organizations from engaging in politics; in 1968, Institutional Act No. 5 did away with the writ of habeus corpus; and Decree 477 a year later gave university and education authorities the right to expel students and professors involved in protests. A similar provision of “university asylum” restricted the access of policemen onto Greece’s campuses for 35 years. Like Brazil, this measure was adopted after the fall of a military regime that had violently crushed student uprisings and, like Brazil, this prohibition on police incursions into campuses collapsed in 2011. Greek politicians abolished the law in order to more effectively implement austerity measures imposed by European financial interests. Ten days after the raid at the University of Sao Paulo, the chancellor of the University of California, Davis ordered police to clear a handful of tents from a campus quadrangle. Because the peaceful demonstration was planned in solidarity with other actions on UC campuses drawing inspiration from the “occupy movement,” police force swiftly and forcefully dismantled the encampment. Students were pepper-‐sprayed at close range by a well-‐armored policeman wearing little concern. Such examples of the militarization of university campuses have become more common, especially in the context of growing social unrest. In California, they demonstrate the continued influence of Ronald Reagan, not simply for implementing neoliberal policies that have slashed public programs, produced a trillion dollars in US student loan debt and contracted the middle class; but also for campaigning in 1966 for governor of California on a promise to crack down on campus activists, making partnerships with conservative school officials and the FBI in order to “clean out left-‐wing elements” from the University of California. Linda Katehi – that UC Davis chancellor – was also an author of a 2011 report that recommended terminating university asylum to the Greek government. The report noted that “the politicization of students… represents a beyond-‐reasonable involvement in the political process,” continuing on to state that “Greek University campuses are not secure” because of “elements that seek political instability.”
Mobilization of books
After the Military Police operation in Sao Paulo, the rector appeared on television to accuse the students of preparing Molotov cocktails; independent media, on the other hand, described the students carrying left-‐wing books. Even more recently at UC Riverside, a contingent faculty member holding a cardboard shield that was painted to look like the cover of Figures of the Thinkable, by Cornelius Castoriadis, was dragged across the pavement by police and charged with a felony, “assault with a deadly weapon.” In Berkeley, students covered a plaza in books, open and facedown, after their tent occupation was broken up. Many of the crests and seals of universities feature a book, no doubt drawing on the book as both a symbol of knowledge and an actual repository for it. And by extension, books have been mobilized at various moments in recent occupations and protests to make material reference to education and the metastasizing knowledge economy. No doubt the use of radical theory literalizes an attempt to bridge theory and practice, while evoking a utopian imaginary, or simply taking Deleuze’s words at face value: “There is no need to fear or hope, but only to look for new weapons.” Against a background of library closures and cutbacks, as well as the concomitant demands for the humanities and social sciences to justify themselves in economic terms, it is as if books have come into view, desperately, like a rat in daylight. There is almost nowhere for them to go – the space in the remaining libraries is being given over to audio-‐visual material, computer terminals, public programming, and cafes, while publishers are shifting to digital distribution models that are designed to circumvent libraries entirely. So books have come out onto the street. Militarization of Books When knowledge does escape the jurisdiction of both the state and the market, it’s often at the hands of students (both the officially enrolled and the autodidacts). For example, returning to Brazil, the average cost of required reading material for a freshman is more than six months of minimum wage pay, with up to half of the texts not available in Brazil or simply out of print. Unsurprisingly, a system of copy shops provides on-‐demand chapters, course readers, and other texts; but the Brazilian Association of Reprographic Rights has been particularly hostile to the practice. One year before Sao Paulo, at the Federal University in Rio de Janeiro, seven armed police officers in three cars (accompanied by the Chief of the Delegation for the Repression of Immaterial Property Crimes) raided the Xerox room of the School of Social Work, arresting the operator of the machines and confiscating all illegitimate copies. Similar shows of force have proliferated ever since Brazilian copyright law was amended in 1998 to eliminate the exceptions that had previously afforded the right to copy books for educational purposes. This act of reproduction, felt by students and faculty to be inextricably linked to university autonomy and the right to education, coalesced into a movement by 2006, Copiar Livro é Direito! (Copying Books is a Right!) Illicit copies, when confiscated, usually are destroyed. In this sense, it is worthwhile to understand such an event as a contemporary form of censorship, certainly not out of any ideological disapproval of the publication’s actual content, but rather an objection to the manner of its circulation. Many books banned (and burned) during the dictatorship were obviously a matter of content – those that could “destroy society’s moral base” might “put into practice a subversive plan that places national security in danger.” Even if explicit sexuality, crime, and drug use within literature are generally tolerated today (not everywhere, of course) the rhetoric contained within the 1970 decree that instituted censorship is still alive in matters of circulation. During negotiations for the multi-‐national Anti-‐Counterfeiting Trade Agreement (ACTA), the Bush and Obama administrations denied the public information, stating that it was “properly classified in the interest of national security.” Certain parts of the negotiations became known through Wikileaks and ACTA was revealed as a vehicle for exporting American intellectual property enforcement. Protecting intellectual property is essential, politicians claim, to maintaining the American “way of life,” although today this has less to do with the moral base of the country than the economic base – workers and corporations. America, Obama said in reference to ACTA, would use the “full arsenal of tools available to crack down on practices that blatantly harm our businesses.” Universities, those institutions for the production of knowledge, are deeply embedded in struggles over intellectual property, and moreover deployed as instruments of national security. The National Security Higher Education Advisory Board, which includes (surprise) Linda Katehi, brings together select university presidents and chancellors with the FBI, CIA, and other agencies several times per year. Developed to address intellectual property at the level of cyber-‐theft (preventing sensitive research from falling into the hands of terrorists) the congenial relationship between university administrations and the FBI raises the spectre of US government spying on student activists in the 1960’s and early 1970’s. Financialization of publishing To the side of such partnerships with the state, the forces of financialization have been absorbed into universities, again with the welcome of administrations. Towering US student loan debt is one very clear index; another, less apparent, but growing, is the highly controlled circulation of academic publishing, especially journals and textbooks. Although apparently marginal (or niche) in topic, the vertical structure of the corporations behind most journals is surprisingly large. The Dutch company Elsevier, for example, publishes 250,000 articles per year, and earned $1.6 billion (a profit margin of 36%) in 2010. Texts are written, peer reviewed, and edited on a voluntary basis (usually labor costs are externalized, for example to the state or university). They are sold back to university libraries at extraordinarily high prices, and the libraries are obliged to pay because their constituency relies on access to research as a material for further research. When the website library.nu was taken-‐down recently for providing access to over 400,000 digital texts, it was not the major “commercial” publishers that were behind the action, but a coalition of 17 educational publishers, including Elsevier, Springer, Taylor and Francis, the Cambridge University Press, and Macmillan. On the heels of FBI raids on prominent torrent sites, and with a similar level of coordination, this publishers’ alliance hired private investigators to deploy software “specifically developed by IT experts” to secure evidence. In order to expand their profitability, corporate academic publishers exploit and reinforce entrenched hierarchies within the academia. Compensation comes in the forms of CV lines and disciplinary visibility; and it is that very validation that individuals need to find and secure employment at research institutions. “Publish or die” is not anything new, but as employment grows increasingly temporary and managerial systems for assessment and quantifying productivity proliferate, it has grown more ominous. Beyond intensifying internal hierarchies, this publishing situation has widened the gap between the university and the rest of the world (even as it subjects the exchange of knowledge to the logic of the stock market); publications are meant for current students and faculty only, and their legitimacy is regularly checked against ID cards, passwords, and other credentials. One without such legitimacy finds themselves on the wrong side of a paywall. Here, we discover the quotidian dimension to the militarization of the university, in the inconveniences of proximity cards, accounts, and login screens. If our contemporary forms of censorship are focused on the manner of a thing’s circulation, then systems of control would be oriented towards policing access. Reprographic machines and file-‐sharing software are obvious targets but, with the advent of tablet computers (such as Apple’s iPad, marketed heavily towards students), so are actual textbooks. The practice of reselling textbooks, a yearly student money-‐saving ritual that is perfectly legal under the first-‐sale doctrine, has long represented lost revenue to publishers. So many, including MacMillan and McGraw-‐Hill, have moved strongly into the e-‐textbook market, which allows them to shut the door on the secondary market because students are no longer buying the things themselves, but only temporary access to the things.
Opening of Access
Open Access publishing articulates an alternative, in order to circumvent the entire parasitical apparatus and ultimately deliver texts to readers and researchers for free. In large part, its success depends on whether or not researchers choose to publish their work with OA journals or with pay-‐for-‐access ones. If many have chosen the latter, it is because of factors like reputation and the interrelation between publishing and departmental structures of advancement and power. Interestingly, it is institutions with the strongest reputations that are also pushing for more ‘openness.’ Princeton University formally adopted an open-‐access policy in 2011 (the sixth Ivy League school to do so) in order to discourage the “fruits of [their] scholarship” from languishing “artificially behind a pay wall.” MIT has long promoted openness of its materials, from OpenCourseWare (2002) to its own Open Access policy (2009), to a new online learning infrastructure, MITx. Why is it that elite, private schools are so motivated to open themselves to the world? Would this not dilute their status? The answer is obvious: opening up their research gives their faculty more exposure; it produces a positive image of an institution that is generous and genuinely interested in generating knowledge; and ultimately it builds the university’s brand. They are not giving away degrees and certainly not research positions – rather they are mobilizing their intellectual capital to attract publicity, students, donations, and contracts. We can guess what ‘opening up the university’ means for the institution and the faculty, but what about for the students, including those who may not have the proper title, those learners not enrolled? MITx is an adaptation of the common practice of distance learning, which has a century-‐and-‐a-‐half long history, beginning with the University of London’s External Programme. There are populist overtones (Charles Dickens called the External Programme the “People’s University”) to distance learning that coincide with the promises of public education more generally, namely making higher education available to those traditionally without means for it. History has provided us with less than desirable motivations for distance education – the Free University of Iran was said to have been desirable to the Shah’s regime because the students would never gather – but current western programs are influenced by other concerns. Beyond publicity and social conscience, many of these online learning programs are driven by economics. At the University of California, the Board of Regents launched a pilot program as part of a plan to close a 4.7 billion dollar budget gap, with the projection that such a program could add 25,000 students at 1.1% of the normal cost. Aside from MITx’s free component (it brings in revenue as well if people want to actually get “credit”) most of these distance-‐learning offerings are immaterial commodities. UCLA Extension is developing curricula and courses for Encore Career Institute, a for-‐profit venture bringing together Hollywood, Silicon Valley, and a chairwoman of the UC Regents, whose goal is to “deliver some of the fantastic intellectual property that UC has.” And even MITx is not without its restricted-‐access bedfellows; its pilot online course requires a textbook, which is owned by Elsevier. Students are here conceived of truly as consumers of product, and education has become a subgenre of publication. The classroom and library are seen as inefficient mechanisms for delivering education to the masses or, for that matter, for the delivering the masses to creditors, advertisers, and content providers. Clearly, classrooms will continue to exist, especially in the centers for the reproduction of the elite, such as those proponents of Open Access previously mentioned. But everywhere else, post-‐ classroom (and post-‐library) education is exploding. Students do not gather here and they certainly don’t sit-‐in or take over buildings; they don’t argue outside during a break, over a cigarette, nor do they pass books between themselves. I am not, however, a fatalist on this point – these may be networks of access managed by capital and policed by the state, but new collective forms and subjectivities are already emerging, exploiting or evading the logic of accounts, passwords, and access. They find each other across borders and across disciplines.
Negating Access
After the capitalist restructuring of the 1970s and 1980s, how do we understand the scenes of people clashing with police formations; the revival of campus occupations as a tactic; the disappearance of university autonomy; the withdrawal of learning into the disciplined walls of the academy; in short, how do we understand a situation that appears quite like before? One way – the theme of this essay – would be through the notion of “access.” If access has moved from a question of rights (who has access?) to a matter of legality and economics (what are the terms and price for access, for a particular person?) then over the past few decades we have witnessed access being turned inside-‐out, in a manner reminiscent of Marx’s “double freedom” of the proletariat: having access to academic resources while not being able to access each other. Library cards, passwords, and keys are assigned to individuals; and so are contracts, degrees, loans, and grades. Students (and faculty) are individuated at every turn, perhaps no more clearly than in online learning where each body collapses into their own profile. Access is not so much a passage into a space as it is an apparatus enclosing the individual. (In this sense, Open Access is one configuration of this apparatus). Two projects that I have worked within over the past 7 years – a file-‐sharing website for texts, AAAARG.ORG, and a proposal-‐based learning platform, The Public School – are ongoing efforts in escaping this regime of access in order to create some room to actually understand all of these conditions, their connection to larger processes, and the possibilities for future action. The Public School has no curriculum, no degrees, and nothing to do with the public school system. It is simply a framework within which people propose ideas for things they want to learn about with others; a rotating committee might organize this proposal into an actual class, bringing together a group of strangers and friends who find a way to teach each other. AAAARG.ORG is a collective library comprised of scans, excerpts, and exports that members of its public have found important enough to share with each other. They are premised, in part, on the proposition that making these kinds of spaces is an active, contingent process requiring the coordination, invention, and self-‐ reflection of many people over time. The creation of these kinds of spaces involves a negation of access, often bringing conflict to the surface. What this means is that the spaces are not territories on which pedagogy happens, but rather that the collective activity of making and defending these spaces is pedagogical.
In the militarized raids of campus occupations and knowledge-‐sharing assemblages, the state is acting to both produce and defend a structure that generates wealth from the process of education. While there are occasional clashes over content, usually any content is acceptable that circulates through this structure, and the very failure to circulate (to attract grant funding, attention, or feedback) becomes the operative, soft form of suppression. A resistant pedagogy should look for openings – and if they don’t exist, break them open – where space grows from a refusal of access and circulation, borders and disciplines; from an improvised diffusion that generates its own laws and dynamics. But a cautionary note – any time new social relations are born out of such an opening in space and time, a confrontation with power is not far behind.