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, Pasquinelli, Smith & Waldorf
There is Nothing Less Passive than the Act of Fleeing
2010
# There is Nothing Less Passive than the Act of Fleeing
[The Public School](/web/20170523052416/http://journalment.org/author/public-
school)
What follows is a condensed and edited version of a text for a panel that was
presented at UCIRA’s _Future Tense: Alternative Arts and Economies in the
University_ conference held in San Diego, California on November 18, 2010.
The panel shared the same name as a 13-day itinerant seminar in Berlin
organized by Dockray, Waldorf, and Fiona Whitton earlier that year, in July.
The seminar began with an excerpt from Tiqqun’s _Introduction to Civil War_ ,
which was co-translated into English by Smith; and later read a chapter from
Pasquinelli’s _Animal Spirits: A Bestiary of the Commons_. Both authors have
also participated in meetings at The Public School in Los Angeles and Berlin.
Both the panel and the seminar developed out of longer conversations at The
Public School in Los Angeles, which began in late 2007 under Telic Arts
Exchange. The Public School is a school with no curriculum, where classes are
proposed and organized by the public.
## The Education Factory
The University as I understand it, has been a threshold between youth and the
labor market. Or it has been a threshold between a general education and a
more specialized one. In its more progressive form, it’s been a zone of
transition into an expanding middle class. But does this form still exist? I’m
inclined to think just the opposite, that the University is becoming a mean
for filtering people out of the middle class via student loan debt, which now
exceeds credit card debt. The point of the questions for me is simply what is
the point of the University? What are we fighting for or defending?
The next question might be, do students work? The University is a crucial site
in the reproduction of class relations; we know that students are consumers;
we know the student is a future worker who will be compelled to work, and work
in a specific way, because she/he is crushed by debt contracted during her/his
tenure as a student; we know that students work while attending school, and
that for many students school and work eerily begin to resemble one another.
But asking whether students work is to ask something more specific: do
students produce value and, therefore surplus-value? If we can assume, for the
moment, that students are a factor in the “knowledge production” that takes
place in the University, is this production of knowledge also the production
of value? We confront, maybe, a paradox: all social activity has become
“productive”—captured, absorbed—at the very moment value becomes unmeasurable.
What does this have to do with students, and their work? The thesis of the
social factory was supplemented by the assumption that knowledge had become a
central mode in the production of value in post-Fordist environments. Wouldn’t
this mean that the university could become an increasingly important
flashpoint in social struggles, now that it has become not simply the site of
the reproduction of the capital relation, but involved in the immediate
production process, directly productive of value? Would we have to understand
students themselves as, if not knowledge producers, an irreplaceable moment or
function within that process? None of this remains clear. The question is not
only a sociological one, it is also a political one. The strategy of
reconceptualizing students as workers is rooted in the classical Marxist
identification of revolt with the point of production, that is, exploitation.
To declare all social activity to be productive is another way of saying that
social war can be triggered at any site within society, even among the
precarious, the unemployed, and students.
_Knowledge is tied to struggle. To truly know is to hate truly. This is why
the working class can know and possess everything of capital, as it is enemy
to itself as capital._
—Tronti, 1966
That form of “hate” mentioned by Tronti is suggesting something interesting
form of political passion and a new modus operandi. The relation between hate
and knowledge, suggested by Tronti, is the opposite of the cynical detachment
of the new social figure of the entrepreneur-artist but it’s a joyful hate of
our condition. In order to educate ourselves we should hate our very own
environment and social network in which we were educated—the university. The
position of the artist in their work and the performance of themselves (often
no different) can take are manyfold. There are histories for all of these
postures that can be referenced and adopted. They are all acceptable tactics
as long as we keep doing and churning out more. But where does this get us,
both within the confines of the arts and the larger social structure? We are
taught that the artist is always working, thinking, observing. We have learned
the tricks of communication, performance and adaptability. We can go anywhere,
react to anything, respond in a thoughtful and creative way to all problems.
And we do this because while there is opportunity, we should take it. “We
shouldn’t complain, others have it much worse.” But it doesn’t mean that we
shouldn’t imagine something else. To begin thinking this way, it means a
refusal to deliver an event, to perform on demand. Maybe we need a kind of
inflexibility, of obstruction, of non-conductivity. After all, what exactly
are we producing and performing for? Can we try to think about these talents
of performance, of communication? If so, could this be the basis for an
intimacy, a friendship… another institution?
## Alternative pedagogical models
Let’s consider briefly the desire for “new pedagogical models” and “new forms
of knowledge production”. When articulated by the University, this simply
means new forms of instruction and new forms of research. Liberal faculty and
neoliberal politicians or administrators find themselves joined in this hunt
for future models and forms. On the one hand, faculty imagines that these new
techniques can provide space for continuing the good. On the other hand,
investors, politicians, and administrators look for any means to make the
University profitable; use unpaid labour, eliminate non-productive physical
spaces, and create new markets. Symptomatically, there is very little
resistance to this search for new forms and new models for the simple reason
that there is a consensus that the University should and will continue.
It’s also important to note that many of the so-called new forms and new
models being considered lie beyond the walls and payroll of the institution,
therefore both low-cost and low-risk. It is now a familiar story: the
institution attempts to renew itself by importing its own critique. The Public
School is not a new model and it’s not going to save the University. It is not
even a critique of the University any more or less than it is a critique of
the field of art or of capitalist society. It is not “the next university”
because it is a practice of leaving the University to the side. It would be a
mistake to think that this means isolation or total detachment.
Today, the forms of university governance cannot allow themselves to uproot
self-education. To the contrary, self-education constitutes a vital sap for
the survival of the institutional ruins, snatched up and rendered valuable in
the form of revenue. Governance is the trap, hasty and flexible, of the
common. Instead of countering us frontally, the enemy follows us. We must
immediately reject any weak interpretation of the theme of autonomous
institutions, according to which the institution is a self-governed structure
that lives between the folds of capitalism, without excessively bothering it.
The institutionalisation of self-education doesn’t mean being recognized as
one actor among many within the education market, but the capacity to organize
living knowledge’s autonomy and resistance.
One of the most important “new pedagogical models” that emerged over the past
year in the struggles around the implosion of the “public” university are the
occupations that took place in the Fall of 2009. Unlike other forms of action,
which tend to follow the timetable and cadence of the administration, to the
point of mirroring it, these actions had their own temporality, their own
initiative, their own internal logic. They were not at all concerned with
saving a university that was already in ruins, but rather with creating a
space at the heart of the University within which something else, some future,
could be risked, elaborated, prefigured. Everything had to be improvised, from
moment to moment, and in these improvisations new knowledges were developed
and shared. This improvisation was demanded by the aleatory quality of the
types of relations that emerged within these spaces, relations no longer
regulated by the social alibis that assigns everyone her/his place. When
students occupy university buildings—here in California, in NYC, in Puerto
Rico, in Europe and the UK, everywhere—they do so not because they want to
save their universities. They do so because they know the university for what
it is, as something to be at once seized and abandoned. They know that they
can only rely on and learn from one another.
## The Common and The Public
What is really so disconcerting about this antinomy between the logic of the
common and the logic of the social or the public? For Jacotot, it means the
development of a communist politics that is neither reformist nor seditious2.
It proposes the formation of common spaces at a distance from—if not outside
of—the public sphere and its communicative reason: “whoever forsakes the
workings of the social machine has the opportunity to make the electrical
energy of the emancipation machine.”
What does it mean to forsake the social machine? That is the major political
question facing us today. Such a forsaking would require that our political
energies organize themselves around spaces of experimentation at a distance
not only from the university and what is likely its slow-motion, or sudden,
collapse, but also from an entire imaginary inherited from the workers
movement: the task of a future social emancipation and vectors and forms of
struggle such a task implies. Perhaps what is required is not to put off
equality for the future, but presuppose the common, to affirm that commons as
a fact, a given, which must nevertheless be verified, created, not by a social
body, not by a collective force, but a power of the common, now.
School is not University. Neither is it Academy or College or even Institute.
We are all familiar with the common meaning of the word: it is a place for
learning. In another sense, it also refers to organized education in general,
which is made most clear by the decision to leave, to “drop out of school”.
Alongside these two stable, almost architectural definitions, the word
gestures to composition and movement—the school of bodies, moving
independently, together; the school only exists as long as that collective
movement does. The school takes shape in this oscillation between form and
formlessness, not through the act of constructing a wall but by the process of
realizing its boundary through practice.
Perhaps this is a way to think of how to develop what Felix Guattari called
“the associative sector” in 1982: “everything that isn’t the state, or private
capital, or even cooperatives”3. At first gloss, the associative sector is
only a name for the remainder, the already outside; but, in the language of a
school, it is a constellation of relationships, affinities, new
subjectivities, and movements, flickering into existence through life and use,
An “engaged withdrawal” that simultaneously creates an exit and institutes in
the act of passing through. Which itself might bring us back to school, to the
Greek etymology of school, skhole, “a holding back”, a “keeping clear” of
space for reflective distance. On the one hand, perhaps this reflective space
simply allows theoretical knowledge to shape or affect performative action;
but on the other hand, the production of this “clearing” is not given,
certainly not now and certainly not by the institutions that claim to give it.
Reflective space is not the precondition for performative action. On the
contrary; performative action is the precondition for reflective space—or,
more appropriately, space and action must be coproduced.
Is the University even worth “saving”? We are right to respond with
indignation, or better, with an array of tactics—some procedural, some more
“direct”—against these incursions, which always seem to authorize themselves
by appeals to economic austerity, budget shortfalls, and tightened belts.
Perhaps what is being destroyed in this process is the very notion of the
public sphere itself, a notion that. It is easy to succumb to the illusion
that the only possible result of this destruction of the figure of the public
is privatization. But what if the figure of the public was to be set off
against not only the private and property relations, but against a figure of
the “common” as well? What if, in other words, the notion of the public has
always been an unstable, mediating term between privatization and
communization, and what if the withering of this mediation left these two
process openly at odds with each other? Perhaps, then, it is not simply a
question of saving a university and, more broadly, a public space that is
already withering away; maybe our energies and our intelligence, our
collective or common intellectual forces, should be devoted to organizing and
articulating just this sort of counter-transition, at a distance from the
public and the private.
## Authorship and new forms of knowledge
For decades we have spoken about the “death of the author”. The most sustained
critiques of authorship have been made from the spheres of art and education,
but not coincidentally, these spheres have the most invested in the notion.
Credit and accreditation are the mechanisms for attaching symbolic capital to
individuals via degrees and other lines on CVs. The curriculum vitæ is an
inverted credit report, evidence of underpaid work, kept orderly with an
expectation of some future return.
All of this work, this self-documentation, this fidelity between ourselves and
our papers, is for what, for whom? And what is the consequence of a world
where every person is armed with their vitæ, other than “the war of all
against all?” It’s that sensation that there are no teams but everyone has got
their own jersey.
The idea behind the project The Public School is to teach each other in a very
horizontal way. No curriculum, no hierarchy. But is The Public School able to
produce new knowledge and new content by itself? Can the The Public School
become a sort of autonomous collective author? Or, is The Public School just
about exchanges and social networking?
In the recent history of university struggles, some collectives started to
refresh the idea of coresearch; a form of knowledge that can produce new
subjectivities by researching. New subjectivities that produce new knowledge
and new knowledge that produces new subjectivities If knowledge comes only
from conflict, knowledge goes back to conflict in order to produce new
autonomy and subjectivities.
### The Public School
Sean Dockray, Matteo Pasquinelli, Jason Smith and Caleb Waldorf are founding
members of and collaborators at The Public School. Initiated in 2007 under
Telic Arts Exchange (literally in the basement) in Los Angeles, The Public
School is a school with no curriculum. At the moment, it operates as follows:
first, classes are proposed by the public; then, people have the opportunity
to sign up for the classes; finally, when enough people have expressed
interest, the school finds a teacher and offers the class to those who signed
up. The Public School is not accredited, it does not give out degrees, and it
has no affiliation with the public school system. It is a framework that
supports autodidactic activities, operating under the assumption that
everything is in everything. The Public School currently exists in Los
Angeles, New York, Berlin, Brussels, Helsinki, Philadelphia, Durham, San Juan,
and is still expanding.
I first spoke to the patient in the last week of that August. That evening the
sun was tender in drawing its shadows across the lines of his face. The eyes
gazed softly into a close middle distance, as if composing a line upon a
translucent page hung in the middle of the air, the hands tapping out a stanza
or two of music on legs covered by the brown folds of a towelling dressing
gown. He had the air of someone who had seen something of great amazement but
yet lacked the means to put it into language. As I got to know the patient
over the next few weeks I learned that this was not for the want of effort.
In his youth he had dabbled with the world-speak language Volapük, one
designed to do away with the incompatibility of tongues, to establish a
standard in which scientific intercourse might be conducted with maximum
efficiency and with minimal friction in movement between minds, laboratories
and publications. Latin biological names, the magnificent table of elements,
metric units of measurement, the nomenclature of celestial objects from clouds
to planets, anatomical parts and medical conditions all had their own systems
of naming beyond any specific tongue. This was an attempt to bring reason into
speech and record, but there were other means to do so when reality resisted
these early measures.
The dabbling, he reflected, had become a little more than that. He had
subscribed to journals in the language, he wrote letters to colleagues and
received them in return. A few words of world-speak remained readily on his
tongue, words that he spat out regularly into the yellow-wallpapered lounge of
the sanatorium with a disgust that was lugubriously palpable.
According to my records, and in piecing together the notes of previous
doctors, there was something else however, something more profound that the
language only hinted at. Just as the postal system did not require the
adoption of any language in particular but had its formats that integrated
them into addressee, address line, postal town and country, something that
organised the span of the earth, so there was a sense of the patient as having
sustained an encounter with a fundamental form of organisation that mapped out
his soul. More thrilling than the question of language indeed was that of the
system of organisation upon which linguistic symbols are inscribed. I present
for the reader’s contemplation some statements typical of those he seemed to
mull over.
“The index card system spoke to my soul. Suffice it to say that in its use I
enjoyed the highest form of spiritual pleasure, and organisational efficiency,
a profound flowering of intellect in which every thought moved between its
enunciation, evidence, reference and articulation in a mellifluous flow of
ideation and the gratification of curiosity.” This sense of the soul as a
roving enquiry moving across eras, across forms of knowledge and through the
serried landscapes of the vast planet and cosmos was returned to over and
over, a sense that an inexplicable force was within him yet always escaping
his touch.
“At every reference stood another reference, each more interesting than the
last. Each the apex of a pyramid of further reading, pregnant with the threat
of digression, each a thin high wire which, if not observed might lead the
author into the fall of error, a finding already found against and written
up.” He mentions too, a number of times, the way the furniture seemed to
assist his thoughts - the ease of reference implied by the way in which the
desk aligned with the text resting upon the pages of the off-print, journal,
newspaper, blueprint or book above which further drawers of cards stood ready
in their cabinet. All were integrated into the system. And yet, amidst these
frenetic recollections there was a note of mourning in his contemplative
moods, “The superposition of all planes of enquiry and of thought in one
system repels those for whom such harmonious speed is suspicious.” This
thought was delivered with a stare that was not exactly one of accusation, but
that lingered with the impression that there was a further statement to follow
it, and another, queued up ready to follow.
As I gained the trust of the patient, there was a sense in which he estimated
me as something of a junior collaborator, a clerk to his natural role as
manager. A lucky, if slightly doubtful, young man whom he might mentor into
efficiency and a state of full access to information. For his world, there was
not the corruption and tiredness of the old methods. Ideas moved faster in his
mind than they might now across the world. To possess a register of thoughts
covering a period of some years is to have an asset, the value of which is
almost incalculable. That it can answer any question respecting any thought
about which one has had an enquiry is but the smallest of its merits. More
important is the fact that it continually calls attention to matters requiring
such attention.
Much of his discourse was about the optimum means of arrangement of the
system, there was an art to laying out the cards. As the patient further
explained, to meet the objection that loose cards may easily be mislaid, cards
may be tabbed with numbers from one to ten. When arranged in the drawer, these
tabs proceed from left to right across the drawer and the absence of a single
card can thus easily be detected. The cards are further arranged between
coloured guide cards. As an alternative to tabbed cards, signal flags may be
used. Here, metal clips may be attached to the top end of the card and that
stand out like guides. For use of the system in relation to dates of the
month, the card is printed with the numbers 1 to 31 at the top. The metal clip
is placed as a signal to indicate the card is to receive attention on the
specified day. Within a large organisation a further card can be drawn up to
assign responsibility for processing that date’s cards. There were numerous
means of working the cards, special techniques for integrating them into any
type of research or organisation, means by which indexes operating on indexes
could open mines of information and expand the knowledge and capabilities of
mankind.
As he pressed me further, I began to experiment with such methods myself by
withdrawing data from the sanatorium’s records and transferring it to cards in
the night. The advantages of the system are overwhelming. Cards, cut to the
right mathematical degree of accuracy, arrayed readily in drawers, set in
cabinets of standard sizes that may be added to at ease, may be apportioned
out amongst any number of enquirers, all of whom may work on them
independently and simultaneously. The bound book, by contrast, may only be
used by one person at a time and that must stay upon a shelf itself referred
to by an index card system. I began to set up a structure of rows of mirrors
on chains and pulleys and a set of levered and hinged mechanical arms to allow
me to open the drawers and to privately consult my files from any location
within the sanatorium. The clarity of the image is however so far too much
effaced by the diffusion of light across the system.
It must further be borne in mind that a system thus capable of indefinite
expansion obviates the necessity for hampering a researcher with furniture or
appliances of a larger size than are immediately required. The continuous and
orderly sequence of the cards may be extended further into the domain of
furniture and to the conduct of business and daily life. Reasoning, reference
and the order of ideas emerging as they embrace and articulate a chaotic world
and then communicate amongst themselves turning the world in turn into
something resembling the process of thought in an endless process of
consulting, rephrasing, adding and sorting.
For the patient, ideas flowed like a force of life, oblivious to any unnatural
limitation. Thought became, with the proper use of the system, part of the
stream of life itself. Thought moved through the cards not simply at the
superficial level of the movement of fingers and the mechanical sliding and
bunching of cards, but at the most profound depths of the movement between
reality and our ideas of it. The organisational grace to be found in
arrangement, classification and indexing still stirred the remnants of his
nervous system until the last day.
Dockray & Liang
Sharing Instinct: An Annotation of the Social Contract Through Shadow Libraries
2015
# Sean Dockray & Lawrence Liang — Sharing Instinct: An Annotation of the
Social Contract Through Shadow Libraries
 Abdel Kader
Haïdara, a librarian who smuggled hundreds of thousands of manuscripts from
jihadist-occupied Timbuktu to safety in Bamako, stands with ancient volumes
from Timbuktu packed into metal trunks. Photo: Brent Stirton/Getty Images.
_Foederis aequas Dicamus leges _
(Let us make fair terms for the compact.)
—Virgil’s _Aeneid_ , XI
Man was born free, and everywhere he is in chains.1All excerpts from _The
Social Contract_ are from Jean-Jacques Rousseau, _The Social Contract: And,
The First and Second Discourses_, ed. Susan Dunn and Gita May (New Haven, CT:
Yale University Press, 2002).
> _June 30, 2015_
>
> _Dear Sean,_
>
> _I have been asked by Raqs Media Collective to contribute to a special
ongoing issue of _e-flux journal _that is part of the Venice Biennale. Raqs’s
section in the issue rethinks Rousseau’s social contract and the possibility
of its being rewritten, as a way of imagining social bonds and solidarities
that can help instigate and affirm a vision of the world as a space of
potential._
>
> _I was wondering if you would join me in a conversation on shadow libraries
and social contracts. The entire universe of the book-sharing communities
seems to offer the possibility of rethinking the terms of the social contract
and its associated terms (consent, general will, private interest, and so on).
While the rise in book sharing is at one level a technological phenomenon (a
library of 100,000 books put in PDF format can presently fit on a one-terabyte
drive that costs less than seventy-five dollars), it is also about how we
think of transformations in social relations mediated by sharing books._
>
> _If the striking image of books in preprint revolution was of being “in
chains,” as Rousseau puts it, I am prompted to wonder about the contemporary
conflict between the digital and mechanisms of control. Are books born free
but are everywhere in chains, or is it the case that they have been set free?
In which case are they writing new social contracts?_
>
> _I was curious about whether you, as the founder of _[
_Aaaaarg.org_](http://aaaaarg.org/) _, had the idea of a social contract in
mind, or even a community, when you started?_
>
> _Lawrence_
**Book I, Chapter VI : The Social Pact**
To find a form of association that may defend and protect with the whole force
of the community the person and property of every associate, and by means of
which each, joining together with all, may nevertheless obey only himself, and
remain as free as before.’’ Such is the fundamental problem to which the
social contract provides the solution.
We can reduce it to the following terms: ‘‘Each of us puts in common his
person and all his power under the supreme direction of the general will; and
in return each member becomes an indivisible part of the whole.’’
> _June 30, 2015_
>
> _Dear Lawrence,_
>
> _I am just listing a few ideas to put things out there and am happy to try
other approaches:_
>
> _—To think about the two kinds of structure that digital libraries take:
either each library is shared by many user-librarians or there is a library
for each person, shared with all the others. It’s a technological design
question, yes, but it also suggests different social contracts?_
>
> _—What is subtracted when we subtract your capacity/right to share a book
with others, when every one of us must approach the market anew to come into
contact with it? But to take a stab at misappropriating the terms you’ve
listed, consent, what libraries do I consent to? Usually the consent needs to
come from the library, in the form of a card or something, but we don’t ask
enough what we want, maybe. Also what about a social contract of books? Does a
book consent to being in a library? What rights does it have or expect?_
>
> _I really loved the math equation Rousseau used to arrive at the general
will: if you subtract the pluses and minuses of particular wills that cancel
each other out, then the general will is the sum of the differences! But why
does the general need to be the lowest common denominator—certainly there are
more appropriate mathematical concepts that have been developed in the past
few hundred years?_
>
> _Sean_
**Book I, Chapter II: Primitive Societies**
This common liberty is a consequence of man’s nature. His first law is to
attend to his own survival, his first concerns are those he owes to himself;
and as soon as he reaches the age of rationality, being sole judge of how to
survive, he becomes his own master.
It is the relation of things and not of men that constitutes war; and since
the state of war cannot arise from simple personal relations, but only from
real relations, private war—war between man and man—cannot exist either in the
state of nature, where there is no settled ownership, or in the social state,
where everything is under the authority of the laws.
> _July 1, 2015_
>
> _Dear Lawrence,_
>
> _Unlike a logic of exchange, or of offer and return with its demands for
reciprocity, the logic of sharing doesn’t ask its members for anything in
return. There are no guarantees that the one who gives a book will get back
anything, whether that is money, an equivalent book, or even a token of
gratitude. Similarly, there is nothing to prevent someone from taking without
giving. I think a logic of sharing will look positively illogical across the
course of its existence. But to me, this is part of the appeal: that it can
accommodate behaviors and relationships that might be impossible within the
market._
>
> _But if there is a lack of a contract governing specific exchanges, then
there is something at another level that defines and organizes the space of
sharing, that governs its boundaries, and that establishes inclusions and
exclusions. Is this something ethics? Identity? Already I am appealing to
something that itself would be shared, and would this sharing precede the
material sharing of, for example, a library? Or would the shared
ethics/identity/whatever be a symptom of the practice of sharing? Well, this
is perhaps the conclusion that anthropologists might come to when trying to
explain the sharing practices of hunter-gatherer societies, but a library?_
>
> _Sean_
>
>
>
> _July 1, 2015_
>
> _Hi Sean,_
>
> _I liked your question of what might account for a sharing instinct when it
comes to books, and whether we appeal to something that already exists as a
shared ethics or identity, or is sharing the basis of a shared
ethics/identity? I have to say that while I have never thought of my own book-
collecting through the analogy of hunter-gatherers, the more I think about it,
the more sense it makes to me. Linguistically we always speak of going on book
hunts and my daily trawling through the various shadow libraries online does
seem to function by way of a hunting-gathering mentality._
>
> _Often I download books I know that I will never personally read because I
know that it may either be of interest to someone else, or that the place of a
library is the cave where one gathers what one has hunted down, not just for
oneself but for others. I also like that we are using so-called primitive
metaphors to account for twenty-first-century digital practices, because it
allows us the possibility of linking these practices to a primal instinct of
sharing, which precedes our encounter with the social norms that classify and
partition that instinct (legal, illegal, authorized, and so on). _
>
> _I don’t know if you remember the meeting that we had in Mumbai a few years
ago—among the other participants, we had an academic from Delhi as an
interlocutor. He expressed an absolute terror at what he saw as the “tyranny
of availability” in online libraries. In light of the immense number of books
available in electronic copies and on our computers or hard discs, he felt
overwhelmed and compared his discomfort with that of being inside a large
library and not knowing what to do. Interestingly, he regularly writes asking
me to supply him with books that he can’t find or does not have access to._
>
> _This got me thinking about the idea of a library and what it may mean, in
its classical sense and its digital sense. An encounter with any library,
especially when it manifests itself physically, is one where you encounter
your own finitude in the face of what seems like the infinity of knowledge.
But personally this sense of awe has also been tinged with an immense
excitement and possibility. The head rush of wanting to jump from a book on
forgotten swear words to an intellectual biography of Benjamin, and the
tingling anticipation as you walk out of the library with ten books, captures
for me more than any other experience the essence of the word potential._
>
> _I have a modest personal library of around four thousand books, which I
know will be kind of difficult for me to finish in my lifetime even if I stop
adding any new books, and yet the impulse to add books to our unending list
never fades. And if you think about this in terms of the number of books that
reside on our computers, then the idea of using numbers becomes a little
pointless, and we need some other way or measure to make sense of our
experience._
>
> _Lawrence_
**Book I, Chapter VII: The Sovereign**
Every individual can, as a man, have a particular will contrary to, or
divergent from, the general will which he has as a citizen; his private
interest may appear to him quite different from the common interest; his
absolute and naturally independent existence may make him envisage what he
owes to the common cause as a gratuitous contribution, the loss of which would
be less harmful to others than the payment of it would be onerous to him.
> _July 12, 2015_
>
> _Hi Sean,_
>
> _There is no symbol that to my mind captures the regulated nature of the
library more than that of the board that hushes you with its capitalized
SILENCE. Marianne Constable says, “One can acknowledge the figure of silence
in the library and its persistence, even as one may wonder what a silent
library would be, whether libraries ever are silent, and what the various
silences—if any—in a library could be.”_
>
> _If I had to think about the nature of the social contract and the
possibilities of its rewriting from the site of the library one encounters
another set of silent rules and norms. If social contracts are narrative
compacts that establish a political community under the sign of a sovereign
collective called the people, libraries also aspire to establish an authority
in the name of the readers and to that extent they share a common constitutive
character. But just as there is a foundational scandal of absence at the heart
of the social contract that presumes our collective consent (what Derrida
describes as the absence of the people and the presence of their signature)
there seems to be a similar silence in the world of libraries where readers
rarely determine the architecture, the logic, or the rules of the library._
>
> _So libraries have often mirrored, rather than inverted, power relations
that underlie the social contracts that they almost underwrite._ _In contrast
I am wondering if the various shadow libraries that have burgeoned online, the
portable personal libraries that are shared offline: Whether all of them
reimagine the social contract of libraries, and try to create a more insurgent
imagination of the library?_
>
> _Lawrence_
>
>
>
> _July 13, 2015_
>
> _Hi Lawrence,_
>
> _As you know, I’m very interested in structures that allow the people within
ways to meaningfully reconfigure them. This is distinct from participation or
interaction, where the structures are inquisitive or responsive, but not
fundamentally changeable._
>
> _I appreciate the idea that a library might have, not just a collection of
books or a system of organizing, but its own social contract. In the case of
Aaaaarg, as you noticed, it is not explicit. Not only is there no statement as
such, there was never a process prior to the library in which something like a
social contract was designed._
>
> _I did ask users to write out a short statement of their reason for joining
Aaaaarg and have around fifty thousand of these expressions of intention. I
think it’s more interesting to think of the social contract, or at least a
"general will," in terms of those. If Rousseau distinguished between the will
of all and the general will, in a way that could be illustrated by the catalog
of reasons for joining Aaaaarg. Whereas the will of all might be a sum of all
the reasons, the general will would be the sum of what remains after you "take
away the pluses and minuses that cancel one another." I haven’t done the math,
but I don’t think the general will, the general reason, goes beyond a desire
for access._
>
> _To summarize a few significant groupings:_
>
> _—To think outside institutions; _
> _—To find things that one cannot find; _
> _—To have a place to share things;_
> _—To act out a position against intellectual property; _
> _—A love of books (in whatever form)._
>
> _What I do see as common across these groupings is that the desire for
access is, more specifically, a desire to have a relationship with texts and
others that is not mediated by market relations._
>
> _In my original conception of the site, it would be something like a
collective commonplace. Like commonplacing, the excerpts that people would
keep were those parts of texts that seemed particularly useful, that produced
a spark that one wanted to share. This is important: that it was the
experience of being electrified in some way that people were sharing and not a
book as such. Over time, things changed and the shared objects became more
complete so to say, and less “subjective,” but I hope that there is still that
spark. But, at this point, I realize that I am just another one of the many
wills, and just one designer of whatever social contract is underlying the
library._
>
> _So, again—What is the social contract? It wasn’t determined in advance and
it is not written in any about section or FAQ. I would say that it is, like
the library itself, something that is growing and evolving over time, wouldn’t
you?_
>
> _Sean_
**Book II, Chapter VIII : The People**
As an architect, before erecting a large edifice, examines and tests the soil
in order to see whether it can support the weight, so a wise lawgiver does not
begin by drawing up laws that are good in themselves, but considers first
whether the people for whom he designs them are fit to maintain them.
> _July 15, 2015_
>
> _Lawrence,_
>
> _There are many different ways of organizing a library, of structuring it,
and it’s the same for online libraries. I think the most interesting
conversation would not be to bemoan the digital for overloading our ability to
be discerning, or to criticize it for not conforming to the kind of economy
that we expected publishing to have, or become nostalgic for book smells; but
to actually really wonder what it is that could make these libraries great,
places that will be missed in the future if they go away. To me, this is the
most depressing thing about the unfortunate fact that digital shadow libraries
have to operate somewhat below the radar: it introduces a precariousness that
doesn’t allow imagination to really expand, as it becomes stuck on techniques
of evasion, distribution, and redundancy. But what does it mean when a library
functions transnationally? When its contents can be searched? When reading
interfaces aren’t bound by the book form? When its contents can be referenced
from anywhere?_
>
> _What I wanted when building Aaaaarg.org the first time was to make it
useful, in the absolute fullest sense of the word, something for people who
saw books not just as things you buy to read because they’re enjoyable, but as
things you need to have a sense of self, of orientation in the world, to learn
your language and join in the conversation you are a part of—a library for
people who related to books like that._
>
> _Sean_
>
>
>
> _July 17, 2015_
>
> _Hi Sean_,
>
> _To pick up on the reasons that people give for joining Aaaaarg.org: even
though Aaaaarg.org is not bound by a social contract, we do see the
outlines—through common interests and motivations—of a fuzzy sense of a
community. And the thing with fuzzy communities is that they don’t necessarily
need to be defined with the same clarity as enumerated communities, like
nations, do. Sudipta Kaviraj, who used the term fuzzy communities, also speaks
of a “narrative contract”—perhaps a useful way to think about how to make
sense of the bibliophilic motivations and intentions, or what you describe as
the “desire to have a relationship with texts and others that is not mediated
by market relations.”_
>
> _This seems a perfectly reasonable motivation except that it is one that
would be deemed impossible at the very least, and absurd at worst by those for
whom the world of books and ideas can only be mediated by the market. And it’s
this idea of the absurd and the illogical that I would like to think a little
bit about via the idea of the ludic, a term that I think might be useful to
deploy while thinking of ways of rewriting the social contract: a ludic
contract, if you will, entered into through routes allowed by ludic libraries.
_
>
> _If we trace the word ludic back to its French and Latin roots, we find it
going back to the idea of playing (from Latin _ludere _"to play" or _ludique
_“spontaneously playful”), but today it has mutated into most popular usage
(ludicrous) generally used in relation to an idea that is so impossible it
seems absurd. And more often than not the term conveys an absurdity associated
with a deviation from well-established norms including utility, seriousness,
purpose, and property._
>
> _But what if our participation in various forms of book sharing was less
like an invitation to enter a social contract, and more like an invitation to
play? But play what, you may ask, since the term play has childish and
sometimes frivolous connotation to it? And we are talking here about serious
business. Gadamer proposes that rather than the idea of fun and games, we can
think with the analogy of a cycle, suggesting that it was important not to
tighten the nuts on the axle too much, or else the wheel could not turn. “It
has to have some play in it … and not too much play, or the wheel will fall
off. It was all about _spielraum _, ‘play-room,’ some room for play. It needs
space.” _
>
> _The ludic, or the invitation to the ludic in this account, is first and
foremost a necessary relief—just as playing is—from constraining situations
and circumstances. They could be physical, monetary, or out of sheer
nonavailability (thus the desire for access could be thought of as a tactical
maneuver to create openings). They could be philosophical constraints
(epistemological, disciplinary), social constraints (divisions of class, work,
and leisure time). At any rate all efforts at participating in shadow
libraries seem propelled by an instinct to exceed the boundaries of the self
however defined, and to make some room for play or to create a “ludic
spaciousness,” as it were. _
>
> _The spatial metaphor is also related to the bounded/unbounded (another name
for freedom I guess) and to the extent that the unbounded allows us a way into
our impossible selves; they share a space with dreams, but rarely do we think
of the violation of the right to access as fundamentally being a violation of
our right to dream. Your compilation of the reasons that people wanted to join
Aaaaarg may well be thought of as an archive of one-sentence-long dreams of
the ludic library. _
>
> _If for Bachelard the house protects the dreamer, the library for me is a
ludic shelter, which brings me back to an interesting coincidence. I don’t
know what it is that prompted you to choose the name Aaaaarg.org; I don’t know
if you are aware it binds you irrevocably (to use the legal language of
contracts) with one of the very few theorists of the ludic, the Dutch
philosopher Johan Huizinga, who coined the word _homo ludens _(as against the
more functional, scientific homo sapiens or functional homo faber). In his
1938 text Huizinga observes that “the fun of playing, resists all analysis,
all logical interpretation,” and as a concept it cannot be reduced to any
other mental category. He feels that no language really has an exact
equivalent to the word fun but the closest he comes in his own language is the
Dutch word _aardigkeit, _so the line between aaaarg and aaard may have well
have been dreamt of before Aaaaarg.org even started._
>
> _More soon,_
>
> _Lawrence_
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