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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Fuller & Dockray
In the Paradise of Too Many Books An Interview with Sean Dockray
2011
# In the Paradise of Too Many Books: An Interview with Sean Dockray
If the appetite to read comes with reading, then open text archive Aaaaarg.org
is a great place to stimulate and sate your hunger. Here, Matthew Fuller talks
to long-term observer Sean Dockray about the behaviour of text and
bibliophiles in a text-circulation network
Sean Dockray is an artist and a member of the organising group for the LA
branch of The Public School, a geographically distributed and online platform
for the self-organisation of learning.1 Since its initiation by Telic Arts, an
organisation which Sean directs, The Public School has also been taken up as a
model in a number of cities in the USA and Europe.2
We met to discuss the growing phenomenon of text-sharing. Aaaaarg.org has
developed over the last few years as a crucial site for the sharing and
discussion of texts drawn from cultural theory, politics, philosophy, art and
related areas. Part of this discussion is about the circulation of texts,
scanned and uploaded to other sites that it provides links to. Since
participants in The Public School often draw from the uploads to form readers
or anthologies for specific classes or events series, this project provides a
useful perspective from which to talk about the nature of text in the present
era.
**Sean Dockray** **:** People usually talk about three key actors in
discussions about publishing, which all play fairly understandable roles:
readers; publishers; and authors.
**Matthew Fuller:** Perhaps it could be said that Aaaaarg.org suggests some
other actors that are necessary for a real culture of text; firstly that books
also have some specific kind of activity to themselves, even if in many cases
it is only a latent quality, of storage, of lying in wait and, secondly, that
within the site, there is also this other kind of work done, that of the
public reception and digestion, the response to the texts, their milieu, which
involves other texts, but also systems and organisations, and platforms, such
as Aaaaarg.
Image: A young Roland Barthes, with space on his bookshelf
**SD:** Where even the three actors aren't stable! The people that are using
the site are fulfilling some role that usually the publisher has been doing or
ought to be doing, like marketing or circulation.
**MF:** Well it needn't be seen as promotion necessarily. There's also this
kind of secondary work with critics, reviewers and so on - which we can say is
also taken on by universities, for instance, and reading groups, magazines,
reviews - that gives an additional life to the text or brings it particular
kinds of attention, certain kind of readerliness.
**SD:** Situates it within certain discourses, makes it intelligible in a way,
in a different way.
**MF:** Yes, exactly, there's this other category of life to the book, which
is that of the kind of milieu or the organisational structure in which it
circulates and the different kind of networks of reference that it implies and
generates. Then there's also the book itself, which has some kind of agency,
or at least resilience and salience, when you think about how certain books
have different life cycles of appearance and disappearance.
**SD:** Well, in a contemporary sense, you have something like _Nights of
Labour_ , by Ranci _è_ re - which is probably going to be republished or
reprinted imminently - but has been sort of invisible, out of print, until, by
surprise, it becomes much more visible within the art world or something.
**MF:** And it's also been interesting to see how the art world plays a role
in the reverberations of text which isn't the same as that in cultural theory
or philosophy. Certainly _Nights of Labour_ , something that is very close to
the role that cultural studies plays in the UK, but which (cultural studies)
has no real equivalent in France, so then, geographically and linguistically,
and therefore also in a certain sense conceptually, the life of a book
exhibits these weird delays and lags and accelerations, so that's a good
example. I'm interested in what role Aaaaarg plays in that kind of
proliferation, the kind of things that books do, where they go and how they
become manifest. So I think one of the things Aaaaarg does is to make books
active in different ways, to bring out a different kind of potential in
publishing.
**SD:** Yes, the debate has tended so far to get stuck in those three actors
because people tend to end up picking a pair and placing them in opposition to
one another, especially around intellectual property. The discussion is very
simplistic and ends up in that way, where it's the authors against readers, or
authors against their publishers, with the publishers often introducing
scarcity, where the authors don't want it to be - that's a common argument.
There's this situation where the record industry is suing its own audience.
That's typically the field now.
**MF:** So within that kind of discourse of these three figures, have there
been cases where you think it's valid that there needs to be some form of
scarcity in order for a publishing project to exist?
**SD:** It's obviously not for me to say that there does or doesn't need to be
scarcity but the scarcity that I think we're talking about functions in a
really specific way: it's usually within academic publishing, the book or
journal is being distributed to a few libraries and maybe 500 copies of it are
being printed, and then the price is something anywhere from $60 to $500, and
there's just sort of an assumption that the audience is very well defined and
stable and able to cope with that.
**MF:** Yeah, which recognises that the audiences may be stable as an
institutional form, but not that over time the individual parts of say that
library user population change in their relationship to the institution. If
you're a student for a few years and then you no longer have access, you lose
contact with that intellectual community...
**SD:** Then people just kind of have to cling to that intellectual community.
So when scarcity functions like that, I can't think of any reason why that
_needs_ to happen. Obviously it needs to happen in the sense that there's a
relatively stable balance that wants to perpetuate itself, but what you're
asking is something else.
**MF:** Well there are contexts where the publisher isn't within that academic
system of very high costs, sustained by volunteer labour by academics, the
classic peer review system, but if you think of more of a trade publisher like
a left or a movement or underground publisher, whose books are being
circulated on Aaaaarg...
**SD:** They're in a much more precarious position obviously than a university
press whose economics are quite different, and with the volunteer labour or
the authors are being subsidised by salary - you have to look at the entire
system rather than just the publication. But in a situation where the
publisher is much more precarious and relying on sales and a swing in one
direction or another makes them unable to pay the rent on a storage facility,
one can definitely see why some sort of predictability is helpful and
necessary.
**MF:** So that leads me to wonder whether there are models of publishing that
are emerging that work with online distribution, or with the kind of thing
that Aaaaarg does specifically. Are there particular kinds of publishing
initiatives that really work well in this kind of context where free digital
circulation is understood as an a priori, or is it always in this kind of
parasitic or cyclical relationship?
**SD:** I have no idea how well they work actually; I don't know how well,
say, Australian publisher re.press, works for example. 3 I like a lot of what
they publish, it's given visibility when re.press distributes it and that's a
lot of what a publisher's role seems to be (and what Aaaaarg does as well).
But are you asking how well it works in terms of economics?
**MF:** Well, just whether there's new forms of publishing emerging that work
well in this context that cut out some of the problems ?
**SD:** Well, there's also the blog. Certain academic discourses, philosophy
being one, that are carried out on blogs really work to a certain extent, in
that there is an immediacy to ideas, their reception and response. But there's
other problems, such as the way in which, over time, the posts quickly get
forgotten. In this sense, a publication, a book, is kind of nice. It
crystallises and stays around.
**MF:** That's what I'm thinking, that the book is a particular kind of thing
which has it's own quality as a form of media. I also wonder whether there
might be intermediate texts, unfinished texts, draft texts that might
circulate via Aaaaarg for instance or other systems. That, at least to me,
would be kind of unsatisfactory but might have some other kind of life and
readership to it. You know, as you say, the blog is a collection of relatively
occasional texts, or texts that are a work in progress, but something like
Aaaaarg perhaps depends upon texts that are finished, that are absolutely the
crystallisation of a particular thought.
Image: The Tree of Knowledge as imagined by Hans Sebald Beham in his 1543
engraving _Adam and Eve_
**SD:** Aaaaarg is definitely not a futuristic model. I mean, it occurs at a
specific time, which is while we're living in a situation where books exist
effectively as a limited edition. They can travel the world and reach certain
places, and yet the readership is greatly outpacing the spread and
availability of the books themselves. So there's a disjunction there, and
that's obviously why Aaaaarg is so popular. Because often there are maybe no
copies of a certain book within 400 miles of a person that's looking for it,
but then they can find it on that website, so while we're in that situation it
works.
**MF:** So it's partly based on a kind of asymmetry, that's spatial, that's
about the territories of publishers and distributors, and also a kind of
asymmetry of economics?
**SD:** Yeah, yeah. But others too. I remember when I was affiliated with a
university and I had JSTOR access and all these things and then I left my job
and then at some point not too long after that my proxy access expired and I
no longer had access to those articles which now would cost $30 a pop just to
even preview. That's obviously another asymmetry, even though, geographically
speaking, I'm in an identical position, just that my subject position has
shifted from affiliated to unaffiliated.
**MF:** There's also this interesting way in which Aaaaarg has gained
different constituencies globally, you can see the kind of shift in the texts
being put up. It seems to me anyway there are more texts coming from non-
western authors. This kind of asymmetry generates a flux. We're getting new
alliances between texts and you can see new bibliographies emerge.
**SD:** Yeah, the original community was very American and European and
gradually people were signing up at other places in order to have access to a
lot of these texts that didn't reach their libraries or their book stores or
whatever. But then there is a danger of US and European thought becoming
central. A globalisation where a certain mode of thought ends up just erasing
what's going on already in the cities where people are signing up, that's a
horrible possible future.
**MF:** But that's already something that's _not_ happening in some ways?
**SD:** Exactly, that's what seems to be happening now. It goes on to
translations that are being put up and then texts that are coming from outside
of the set of US and western authors and so, in a way, it flows back in the
other direction. This hasn't always been so visible, maybe it will begin to
happen some more. But think of the way people can list different texts
together as ‘issues' - a way that you can make arbitrary groupings - and
they're very subjective, you can make an issue named anything and just lump a
bunch of texts in there. But because, with each text, you can see what other
issues people have also put it in, it creates a trace of its use. You can see
that sometimes the issues are named after the reading groups, people are using
the issues format as a collecting tool, they might gather all Portuguese
translations, or The Public School uses them for classes. At other times it's
just one person organising their dissertation research but you see the wildly
different ways that one individual text can be used.
**MF:** So the issue creates a new form of paratext to the text, acting as a
kind of meta-index, they're a new form of publication themselves. To publish a
bibliography that actively links to the text itself is pretty cool. That also
makes me think within the structures of Aaaaarg it seems that certain parts of
the library are almost at breaking point - for instance the alphabetical
structure.
**SD:** Which is funny because it hasn't always been that alphabetical
structure either, it used to just be everything on one page, and then at some
point it was just taking too long for the page to load up A-Z. And today A is
as long as the entire index used to be, so yeah these questions of density and
scale are there but they've always been dealt with in a very ad hoc kind of
way, dealing with problems as they come. I'm sure that will happen. There
hasn't always been a search and, in a way, the issues, along with
alphabetising, became ways of creating more manageable lists, but even now the
list of issues is gigantic. These are problems of scale.
**MF:** So I guess there's also this kind of question that emerges in the
debate on reading habits and reading practices, this question of the breadth
of reading that people are engaging in. Do you see anything emerging in
Aaaaarg that suggests a new consistency of handling reading material? Is there
a specific quality, say, of the issues? For instance, some of them seem quite
focused, and others are very broad. They may provide insights into how new
forms of relationships to intellectual material may be emerging that we don't
quite yet know how to handle or recognise. This may be related to the lament
for the classic disciplinary road of deep reading of specific materials with a
relatively focused footprint whereas, it is argued, the net is encouraging a
much wider kind of sampling of materials with not necessarily so much depth.
**SD:** It's partially driven by people simply being in the system, in the
same way that the library structures our relationship to text, the net does it
in another way. One comment I've heard is that there's too much stuff on
Aaaaarg, which wasn't always the case. It used to be that I read every single
thing that was posted because it was slow enough and the things were short
enough that my response was, ‘Oh something new, great!' and I would read it.
But now, obviously that is totally impossible, there's too much; but in a way
that's just the state of things. It does seem like certain tactics of making
sense of things, of keeping things away and letting things in and queuing
things for reading later become just a necessary part of even navigating. It's
just the terrain at the moment, but this is only one instance. Even when I was
at the university and going to libraries, I ended up with huge stacks of books
and I'd just buy books that I was never going to read just to have them
available in my library, so I don't think feeling overwhelmed by books is
particularly new, just maybe the scale of it is. In terms of how people
actually conduct themselves and deal with that reality, it's difficult to say.
I think the issues are one of the few places where you would see any sort of
visible answers on Aaaaarg, otherwise it's totally anecdotal. At The Public
School we have organised classes in relationship to some of the issues, and
then we use the classes to also figure out what texts we are going to be
reading in the future, to make new issues and new classes. So it becomes an
organising group, reading and working its way through subject matter and
material, then revisiting that library and seeing what needs to be there.
**MF:** I want to follow that kind of strand of habits of accumulation,
sorting, deferring and so on. I wonder, what is a kind of characteristic or
unusual reading behavior? For instance are there people who download the
entire list? Or do you see people being relatively selective? How does the
mania of the net, with this constant churning of data, map over to forms of
bibliomania?
**SD:** Well, in Aaaaarg it's again very specific. Anecdotally again, I have
heard from people how much they download and sometimes they're very selective,
they just see something that's interesting and download it, other times they
download everything and occasionally I hear about this mania of mirroring the
whole site. What I mean about being specific to Aaaaarg is that a lot of the
mania isn't driven by just the need to have everything; it's driven by the
acknowledgement that the source is going to disappear at some point. That
sense of impending disappearance is always there, so I think that drives a lot
of people to download everything because, you know, it's happened a couple
times where it's just gone down or moved or something like that.
**MF:** It's true, it feels like something that is there even for a few weeks
or a few months. By a sheer fluke it could last another year, who knows.
**SD:** It's a different kind of mania, and usually we get lost in this
thinking that people need to possess everything but there is this weird
preservation instinct that people have, which is slightly different. The
dominant sensibility of Aaaaarg at the beginning was the highly partial and
subjective nature to the contents and that is something I would want to
preserve, which is why I never thought it to be particularly exciting to have
lots of high quality metadata - it doesn't have the publication date, it
doesn't have all the great metadata that say Amazon might provide. The system
is pretty dismal in that way, but I don't mind that so much. I read something
on the Internet which said it was like being in the porn section of a video
store with all black text on white labels, it was an absolutely beautiful way
of describing it. Originally Aaaaarg was about trading just those particular
moments in a text that really struck you as important, that you wanted other
people to read so it would be very short, definitely partial, it wasn't a
completist project, although some people maybe treat it in that way now. They
treat it as a thing that wants to devour everything. That's definitely not the
way that I have seen it.
**MF:** And it's so idiosyncratic I mean, you know it's certainly possible
that it could be read in a canonical mode, you can see that there's that
tendency there, of the core of Adorno or Agamben, to take the a's for
instance. But of the more contemporary stuff it's very varied, that's what's
nice about it as well. Alongside all the stuff that has a very long-term
existence, like historical books that may be over a hundred years old, what
turns up there is often unexpected, but certainly not random or
uninterpretable.
Image: French art historian André Malraux lays out his _Musée Imaginaire_ ,
1947
**SD:** It's interesting to think a little bit about what people choose to
upload, because it's not easy to upload something. It takes a good deal of
time to scan a book. I mean obviously some things are uploaded which are, have
always been, digital. (I wrote something about this recently about the scan
and the export - the scan being something that comes out of a labour in
relationship to an object, to the book, and the export is something where the
whole life of the text has sort of been digital from production to circulation
and reception). I happen to think of Aaaaarg in the realm of the scan and the
bootleg. When someone actually scans something they're potentially spending
hours because they're doing the work on the book they're doing something with
software, they're uploading.
**MF:** You could say with PDFs they have to be searchable texts?
**SD:** I'm sure a lot of people would prefer that. Even I would prefer it a
lot of the time. But again there is the idiosyncratic nature of what appears,
and there is also the idiosyncratic nature of the technical quality and
sometimes it's clear that the person that uploads something just has no real
experience of scanning anything. It's kind of an inevitable outcome. There are
movie sharing sites that are really good about quality control both in the
metadata and what gets up; but I think that if you follow that to the end,
then basically you arrive at the exported version being the Platonic text, the
impossible, perfect, clear, searchable, small - totally eliminating any trace
of what is interesting, the hand of reading and scanning, and this is what you
see with a lot of the texts on Aaaaarg. You see the hand of the person who's
read that book in the past, you see the hand of the person who scanned it.
Literally, their hand is in the scan. This attention to the labour of both
reading and redistributing, it's important to still have that.
**MF:** You could also find that in different ways for instance with a pdf, a
pdf that was bought directly as an ebook that's digitally watermarked will
have traces of the purchaser coded in there. So then there's also this work of
stripping out that data which will become a new kind of labour. So it doesn't
have this kind of humanistic refrain, the actual hand, the touch of the
labour. This is perhaps more interesting, the work of the code that strips it
out, so it's also kind of recognising that code as part of the milieu.
**SD:** Yeah, that is a good point, although I don't know that it's more
interesting labour.
**MF:** On a related note, The Public School as a model is interesting in that
it's kind of a convention, it has a set of rules, an infrastructure, a
website, it has a very modular being. Participants operate with a simple
organisational grammar which allows them to say ‘I want to learn this' or ‘I
want to teach this' and to draw in others on that basis. There's lots of
proposals for classes, some of them don't get taken up, but it's a process and
a set of resources which allow this aggregation of interest to occur. I just
wonder how you saw that kind of ethos of modularity in a way, as a set of
minimum rules or set of minimum capacities that allow a particular set of
things occur?
**SD:** This may not respond directly to what you were just talking about, but
there's various points of entry to the school and also having something that
people feel they can take on as their own and I think the minimal structure
invites quite a lot of projection as to what that means and what's possible
with it. If it's not doing what you want it to do or you think, ‘I'm not sure
what it is', there's the sense that you can somehow redirect it.
**MF:** It's also interesting that projection itself can become a technical
feature so in a way the work of the imagination is done also through this kind
of tuning of the software structure. The governance that was handled by the
technical infrastructure actually elicits this kind of projection, elicits the
imagination in an interesting way.
**SD:** Yeah, yeah, I totally agree and, not to put too much emphasis on the
software, although I think that there's good reason to look at both the
software and the conceptual diagram of the school itself, but really in a way
it would grind to a halt if it weren't for the very traditional labour of
people - like an organising committee. In LA there's usually around eight of
us (now Jordan Biren, Solomon Bothwell, Vladada Gallegos, Liz Glynn, Naoko
Miyano, Caleb Waldorf, and me) who are deeply involved in making that
translation of these wishes - thrown onto the website that somehow attract the
other people - into actual classes.
**MF:** What does the committee do?
**SD:** Even that's hard to describe and that's what makes it hard to set up.
It's always very particular to even a single idea, to a single class proposal.
In general it'd be things like scheduling, finding an instructor if an
instructor is what's required for that class. Sometimes it's more about
finding someone who will facilitate, other times it's rounding up materials.
But it could be helping an open proposal take some specific form. Sometimes
it's scanning things and putting them on Aaaaarg. Sometimes, there will be a
proposal - I proposed a class in the very, very beginning on messianic time, I
wanted to take a class on it - and it didn't happen until more than a year and
a half later.
**MF:** Well that's messianic time for you.
**SD:** That and the internet. But other times it will be only a week later.
You know we did one on the Egyptian revolution and its historical context,
something which demanded a very quick turnaround. Sometimes the committee is
going to classes and there will be a new conflict that arises within a class,
that they then redirect into the website for a future proposal, which becomes
another class: a point of friction where it's not just like next, and next,
and next, but rather it's a knot that people can't quite untie, something that
you want to spend more time with, but you may want to move on to other things
immediately, so instead you postpone that to the next class. A lot of The
Public School works like that: it's finding momentum then following it. A lot
of our classes are quite short, but we try and string them together. The
committee are the ones that orchestrate that. In terms of governance, it is
run collectively, although with the committee, every few months people drop
off and new people come on. There are some people who've been on for years.
Other people who stay on just for that point of time that feels right for
them. Usually, people come on to the committee because they come to a lot of
classes, they start to take an interest in the project and before they know it
they're administering it.
**Matthew Fuller's <[m.fuller@gold.ac.uk](mailto:m.fuller@gold.ac.uk)> most
recent book, _Elephant and Castle_ , is forthcoming from Autonomedia. **
**He is collated at**
**Footnotes**
1
2 [http://telic.info/ ](http://telic.info/)
3
Sollfrank & Kleiner
Telekommunisten
2012
Dmytri Kleiner
Telekommunisten
Berlin, 20 November 2012
[00:12]
My name is Dmytri Kleiner. I work with Telekommunisten, which is an art
collective based in Berlin that investigates the social relations in bettering
communication technologies.
[00:24]
Peer-To-Peer Communism
[00:29]
Cornelia Sollfrank: I would like to start with the theory, which I think is
very strong, and which actually informs the practice that you are doing. For
me it's like the background where the practice comes from. And I think the
most important and well-known book or paper you've written is The
Telekommunist Manifesto. This is something that you authored personally,
Dmytri Kleiner. It's not written by the Telekommunisten. And I would like to
ask you what the main ideas and the main principles are that you explain, and
maybe you come up with a few things, and I have some bullet points here, and
then we can discuss.
[01:14]
The book has two sections. The first section is called "Peer-To-Peer Communism
Vs. The Client-Server Capitalist State," and that actually explains – using
the history of the Internet as a sort of a basis – it explains the
relationship between modes of production on one hand, like capitalism and
communism, with network topologies on the other hand, mesh networks and star
networks. [01:39] And it explains why the original design of the Internet,
which was supposed to be a decentralised system where everybody could
communicate with everybody without any kind of mediation, or control or
censorship – why that has been replaced with centralised, privatised
platforms, from an economic basis. [02:00] So that the need for capitalist
capture of user data, and user interaction, in order to allow investors to
recoup profits, is the driving force behind centralisation, and so it explains
that.
[02:15]
Copyright Myth
[02:19]
C.S.: The framework of these whole interviews is the relation between cultural
production, artistic production in particular, and copyright, as a regulatory
mechanism. In one of your presentations, you mention, or you made the
assumption or the claim, that the fact that copyright is there to protect, or
to foster or enable artistic cultural production is a myth. Could you please
elaborate a bit on that?
[02:57]
Sure. That's the second part of the manifesto. The second part of the
manifesto is called "A Contribution to the Critique of Free Culture." And in
that title I don't mean to be critiquing the practice of free culture, which I
actively support and participate in. [03:13] I am critiquing the theory around
free culture, and particularly as it's found in the Creative Commons
community. [03:20] And this is one of the myths that you often see in that
community: that copyright somehow was created in order to empower artists, but
it's gone wrong somehow, at some point it's got wrong. [03:34] It went in the
wrong direction and now it needs to be corrected. This is a kind of a
plotline, so to speak, in a lot of creative commons oriented community
discussion about copyright. [03:46] But actually, of course, the history of
copyright is the same as the history of labour and capital and markets in
every other field. So just like the kind of Lockean idea of property
attributes the product of the worker's labour to the worker, so that the
capitalist can appropriate it, so it commodifies the products of labour,
copyright was created for exactly the same reasons, at exactly the same time,
as part of exactly the same process, in order to create a commodity form of
knowledge, so that knowledge could play in markets. [04:21] That's why
copyright was invented. That was the social reason why it needed to exist.
Because as industrial capitalism was manifesting, they required a way to
commodify knowledge work in the same way they commodified other kinds of
labour. [04:37] So the artist was only given the authorship of their work in
exactly the same way as the factory worker supposedly owns the product of
their labour. [04:51] Because the artist doesn't have the means of production,
so the artist has to give away that product, and actually legitimizes the
appropriation of the product of labour from the labourer, whether it's a
cultural labourer or a physical labourer.
[05:07]
(Intellectual) Labour
[05:10]
C.S.: And why do you think that this myth is so persistent? Or, who created
it, and for what reasons?
[05:18]
I think that a lot of kind of liberal criticism sort of starts that way. I
mean, I haven't really researched this, so that's kind of an open question
that you are asking, I don’t really have a specific position. [05:30] But my
impression is always that people that come at things from a liberal critique,
not a critical critique, sort of assume that things were once good and now
they’re bad. That’s kind of a common sort of assumption. [05:42] So instead of
looking at the core structural origin of something, they sort of have an
assumption that at some point this must have served a useful function or it
wouldn’t exist. And so therefore it must have been good and now it’s bad.
[05:57] And also because of the rhetoric, of course, just like the Lockean
rhetoric of property: give the ownership of the product of labour to the
worker. Ideologically speaking, it’s been framed this way since the beginning.
[06:14] But of course, everybody understands that in the market system the
worker is only given the rights to own their labour if they can sell it.
[06:22]
Author Function
[06:26]
C.S.: Based on this assumption, developed a certain function of the author.
Could you please elaborate on this a bit more? The invention of the individual
author.
[06:39]
The author – in a certain point of history, in line of the development of, you
know, as modern society – capitalist industrial society – began to emerge, so
did with it the author. [06:53] Previous to this, the concept of the author
was not nearly so engrained. So the author hasn't always existed in this
static sense, as unique source of new creativity and new knowledge, creating
work ex nihilo from their imagination. [07:10] Previous to this there was
always a more social understanding of authorship, where authors were in a
continuous cultural dialogue with previous authors, contemporary authors,
later authors. [07:20] And authors would frequently reuse themes, plots,
characters, from other authors. For instance, Goethe’s Faust is a good example
that has been used by authors before and after Goethe, in their own stories.
And just like the Homeric traditions of ancient literature. [07:42] Culture
was always seen to be much about dialogue, where each generation of authors
would contribute to a common creative stock of characters, plots, ideas. But
that, of course, is not conducive to making knowledge into a commodity that
can be sold in the market. [08:00] So as we got into a market-based society,
in order to create this idea of intellectual property, of copyright, creating
something that can be sold on the market, the artist and the author had to
become individuals all of a sudden. [08:16] Because this kind of iterative
social dialogue doesn’t work well in a commodity form, because how do you
properly buy it and sell it?
[08:28]
Anti-Copyright
[08:33]
C.S.: The Next concept I would like to talk about is the anti-copyright. Could
you please explain a little bit what it actually is, and where it comes from?
[08:46]
From the very beginning of copyright many artists and authors rejected it from
ideological grounds, right from the beginning. [08:35] Because, of course,
what was now plagiarism, what was now illegal, and a violation of intellectual
property had been in many cases traditional practices that writers took for
granted forever. [09:09] The ability to reuse characters; the ability to take
plots, themes and ideas from other authors and reuse them. [09:16] So many
artists rejected this idea from the beginning. And this was the idea of
copyright. But, of course, because the dominant system that was emerging – the
market capitalist system – required the commodity form to make a living, this
was always a marginal community. [09:37] So it was radical artists, like the
Situationist International, or artists that had strong political beliefs, the
American folk musicians like Woody Guthrie – another famous example. [09:47]
And all of this people were not only against intellectual property. They were
not only against the commodification of cultural work. They were against the
commodification of work, period. [09:57] There was a proletarian movement.
They were very much against capitalism as well as intellectual property.
[10:04]
Examples of Anti-Copyright
[10:08]
C.S.: Could you give also some examples in the artworld for this
anti-copyright, or in the cultural world?
[10:15]
DK: Well, you know Lautréamont’s famous text, “plagiarism is necessary: it
takes a wrong idea and replaces it with the right idea.” [10:29] And
Lautréamont was a huge influence on a bunch of radical French artists
including, most famously, the Situationist International, who published their
journal with no copyright, denying copyright. [10:44] I guess that Woody
Guthrie has a famous thing that I quote in some article or other, maybe even
in the [Telekommunist] Manifesto, I don’t remember if it made it in – where he
expressly says, he openly supports people performing, copying, modifying his
songs. That was a note that he made in a song book of his. [11:11] And many
others – the whole practice is associated with communises, from Dada to
Neoism. [11:18] Much later, up to the mid-1990s, this was the dominant form.
So from the birth of copyright, up to the mid-1990s, the intellectual property
was being questioned on the radical fringes of artists. [11:34] For me
personally, as an artist, I started to become involved with artists like
Negativland and Plunderpalooza – sorry, Plunderpalooza was an act we did;
Plunderphonics is an album by John Oswald – the newest movements and the
festival of plagiarism. [11:51] This was the area that I personally
experienced in the 1990s, but it has a long history going back to Lautréamont,
if not earlier.
[12:01]
On the Fringe
[12:05]
C.S.: But you already mentioned the term fringe, so this kind of
anti-copyright attitude automatically implied that it could only happen on the
fringe, not in the actual cultural world.
[12:15]
Exactly. It is fundamentally incompatible with capitalism, because it denies
the value-form of culture. [12:22] And without the commodity form, it can’t
make a living, it has nothing to sell in the market. Because it’s not allowed
to sell on the market, it’s necessarily marginal. [12:34] So it’s necessarily
people who support themselves through “non-art” income, by other kinds of
work, or the small percentage of artists that can be supported by cultural
funding or universities, which is, you know, a relatively small group compared
to the proper cultural industries that are supported by copyright licensing.
[12:54] That includes the major movie houses, the major record labels, the
major publishing houses. Which is, you know, in orders of magnitude, a larger
number of artists.
[13:05]
Anti-Copyright Attitude
[13:10]
C.S.: So what would you say are the two, three, main characteristics of the
anti-copyright attitude?
[13:16]
Well, it completely rejects copyright as being legitimate. That’s a complete
denial of copyright. And usually it’s a denial of the existence of a unique
author as well. [13:28] So one of the things that is very characteristic is
the blurring of the distinction between producer and consumer. [13:37] So that
art is considered to be a dialogue, an interactive process where every
producer is also a consumer of art. So everybody is an artist in that sense,
everybody potentially can be. And it’s an ongoing process. [13:52] There’s no
distinction between producer and consumer. It’s just a transient role that one
plays in a process.
[13:59]
C.S.: And in that sense it relates back to the earlier ideas of cultural
production.
[14:04]
Exactly, to the pre-commodity form of culture.
[14:11]
Copyleft
[14:15]
C.S.: Could you please explain what copyleft is, where it comes from.
[14:20]
Copyleft comes out of the software community, the hacker community. It doesn’t
come out of artistic practice per se. And it comes out of the need to share
software. [14:30] Famously, Richard Stallman and the Free Software Foundation
started this project called GNU (GNU’s Not Unix), which is the, kind of, very
famous and important project. [14:44] And they publish the license called the
GPL, which sort of defined the copyleft idea. And copyleft is a very clever
kind of a hack, as they say in the hacker community. [14:53] What it does is
that it asserts copyright, full copyright, in order to provide a public
license, a free license. And it requires that any derivative work also carries
the same license. That’s what is different about it to anti-copyright. It’s
that, rather than denying copyright outright, copyleft is a copyright license
– it is a copyright – but then the claim is used in order to publicly make the
work available to anybody that wants it under very open terms. [15:28] The key
requirement, the distinctive requirement, is that any derivative work must
also be licenced under the same terms, under the copyleft terms. [15:38] This
is what we call viral, in that it perpetuates license. This is very clever,
because it takes copyright law, and it uses copyright law to create
intellectual property freedom, within a certain context. [15:55] But the
difference is, of course, that we are talking about software. And software,
economically speaking, from the point of view of the way software developers
actually make a living, is very different. [16:11] Because within the
productive cycle – the productive cycle can be said to have two phases,
sometimes called "department one" and "department two" in Marxian language or
in classical political economics. Producer’s goods and consumer’s goods; or
capital’s goods and consumer's goods models. [16:17] The idea is that some
goods are produced not for consumers but for producers. And these goods are
called capital. So they are goods that are used in production. And because
they are used in production, it’s not as important for capitalists to make a
profit on their circulation because they are input to production. [16:47] They
make their profits up stream, by actually using those goods in production, and
then creating goods that can be sold to the masses, circulated to the masses.
[16:56] And so because culture – art and culture – is normally a “department
two” good, consumer’s good, it’s completely, fundamentally incompatible with
capitalism because capitalism requires the capture of profits and the
circulation of consumer’s goods. But because software is largely a “department
one” good, producer’s good, it has no incompatibility with capitalism at all.
[17:18] In fact, capitalists very much like having their capital costs
reduced, because the vast majority of capitalists do not make commercial
software – license it. That’s only a very small class of capitalists. For the
vast majority of capitalists, the availability of free software as an input to
their production is a wonderful thing. [17:39] So this creates a sort of a
paradox, where under capitalism, only capital can be free. And because
software is capital, free software, and the GNU project, the Linux and the
vanilla projects exploded and became huge. [17:39] So, unlike the marginal-by-
necessity anti-copyright, free software became a mass movement, that has a
billion dollar industry, that has conferences all over the world that are
attended by tens of thousands of people. And everybody is for it. It’s this
really great big thing. [18:26] So it’s been rather different than
anti-copyright in term of its place in society. It’s become very prominent, very
successful. But, unfortunately – and I guess this is where we have to go next
– the reason why it is successful is because software is a producer’s good,
not a consumer’s good.
[18:38]
Copyleft Criticism
[18:42]
C.S.: So what is your basic criticism of copyleft?
[18:47]
I have no criticism of copyleft, except for the fact that some people think
that the model can be expanded into culture. It can’t be, and that’s the
problem. It's that a lot people from the arts community then kind of came back
to this original idea of questioning copyright through free software. [19:12]
So they maybe had some relationship with the original anti-copyright
tradition, or sometimes not at all. They are fresh out of design school, and
they never had any relationship with the radical tradition of anti-copyright.
And they encounter free software – they are like, yeah, that's great. [19:29]
And the spirit of sharing and cooperation inspires them. And they think that
the model can be taken from free software and applied to art and artists as
well, just like that. [19:41] But of course, there is a problem, because in a
capitalist society there has to be some economic sustainability behind the
practice, and because free culture modelled out of the GPL can’t work, because
the artists can’t make a living that way. [20:02] While capital will fund free
software, because they need free software – it’s a producer’s good, it’s input
to their production – capital has no need for free art. So they have also no
need to finance free art. [20:15] So if they can’t be financed by capital,
that automatically gives them a very marginal role in today’s society. [20:19]
Because that means that it has to be funded by something other than capital.
And those means are – back to the anti-copyright model – those are either non-
art income, meaning you do some other kind of work to self-finance your
artistic production, or the relatively small amount of public cultural
financing that is available – or now we have new things, like crowd funding –
all these kinds of things that create some opportunities. But still
marginally small compared to the size of the capitalist economy. [20:52] So
the only criticism of copyleft is that it is inapplicable to cultural
production.
[21:00]
Copy-left and cultural production
[21:04]
C.S.: Why this principle of free software production, GPL principles, cannot
be applied to cultural production? Just again, to really point this out.
[21:20]
The difference is really the difference between “department one” goods,
producer's goods, and “department two” goods, consumer’s goods. [21:27] It’s
that capitalists, which obviously control the vast majority of investment in
this economy – so the vast majority of money that is spent to allow people to
realise projects of any kind. The source of this money is capital investment.
[21:42] And capital is happy to invest in producer’s goods, even if they are
free. Because they need these goods. So they have no requirement to seek these
goods. [21:53] If you are running a company like Amazon, you are not making
any money selling Linux, you are making money selling web services, books and
other kinds of derivative products. You need free software to run your data
centre, to run your computer. [22:08] So the cost of software to you is a
cost, and so you're happy to have free software and support it. Because it
makes a lot more sense for you to contribute to some project that it’s also
used by five other companies. [22:21] And in the end all of you have this tool
that you can run on your computer, and run your business with, than actually
either buying a license from some company, which can be expensive, inflexible,
and you can't control it, and if it doesn't work the way you want, you cannot
change it. [22:36] So free software has a great utility for producers. That's
why it's a capital good, a producer's good, a "department one" good. [22:45]
But art and culture do not have the same economic role. Capital is not
interested in developing free culture and free art. They don't need it, they
don't do anything with it. And the capitalist that produces art and culture
requires it to have a commodity form, which is what copyright is. [23:00] So
they require a form that they can sell on the market, which requires it to
have the exclusive, non-reproducible commodity form – that copyright was
developed in order to commodify culture. [23:14] So that is why the copyleft
tradition won't work for free culture – because even though free culture and
anti-copyright predates it, it predates it as a radical fringe. And the
radical fringe isn't supported by capital. It's supported, as we said, by
outside income, non-art income, and other kind of things like small cultural
funds.
[23:38]
Creative Commons
[23:42]
C.S.: In the last ten years we have seen new business models that very much
depend on free content as well. Could you please elaborate on this a bit?
[23:56]
Well, that’s the thing. Now we have the kind of Web 2.0/Facebook world.
[24:00] The entire copyright law – the so-called "good copyright" that
protected artists – was all based on the idea of the mechanical copy. And the
mechanical copy made a lot of sense in the printing press era where, if you
had some intellectual property, you could license it through mechanical
copies. So every time it was copied, somebody owed you a royalty. Very simple.
[24:26] But in a Web 2.0 world, where we have YouTube, Facebook, Twitter and
things like that, this doesn't really work very well. Because if you post
something online and then you need to get paid a royalty every time it gets
copied (and it gets copied millions of times), this becomes very impractical.
[24:44] And so this is where the Creative Commons really comes in. Because the
Creative Commons comes in just exactly at this time – as the Internet is kind
of bursting out of its original military and NGO roots, and really hitting the
general public. At the same time free software is something that is becoming
better known, and inspiring more people – so the ideas of questioning
copyright are becoming more prominent. [25:16] So Creative Commons seizes on
this kind of principles approach that anti-copyright and copyleft take. And
again, one of the single most important things about anti-copyright and
copyleft is that in both cases the freedom that they are talking about – the
free culture that they represent – is the freedom of the consumer to become
the producer. It's the denial of the distinction between consumer and
producer. [25:41] So even though the Creative Commons has a lot of different
licenses, including some that are GPL compatible – they're approved for free
cultural work, or whatever it's called – there is one license in particular
that makes up the vast majority of the works in the Creative Commons, one
license in particular which is like the signature license of the Creative
Commons – it's the non-commercial license. And this is obviously... The
utility of that is very clear because, as we said, artists can't make a living
in a copyleft sense. [26:18] In order for artists to make a living in the
capitalist system, they have to be able to negotiate non-free rights with
their publishers. And if they can't do that, they simply can't make a living.
At least, not in the mainstream community. There is a certain small place for
artists to make a living in the alternative and fringe elements of the
artworld. [26:42] But if you are talking about making a movie, a novel, a
record, then you at some point are going to need to negotiate a contract with
the publisher. Which means, you're going to have to be able negotiate non-free
terms. [27:00] So what non-commercial [licensing] does, is that it allows
people to share your stuff, making you more famous, getting more people to
know you – building its value, so to speak. But they can't actually do
anything commercial with it. And if they want to do anything commercial with
it, they have to come back to you and they have to negotiate a non-free
license. [27:19] So this is very practical, because it solves a lot of
problems for artists that want to make work available online in order to get
better known, but still want to eventually, at some point in the future,
negotiate non-free terms with a publishing company. [27:34] But while it's
very practical, it fundamentally violates the idea that copyleft and
anti-copyright set out to challenge – and this is distinction between the producer
and the consumer. Because of this, the consumer cannot become the producer.
And that is the criticism of the Creative Commons. [27:52] That's why I want
to talk about this thing, I often say, a tragedy in three parts. The first
part is a tragedy because it has to remain fringe, because of its complete
incompatibility with the dominant capitalism. [28:04] The second part,
copyleft, is a tragedy because while it works great for software, it can't and
it won't work for art. [28:10] And the third part is a tragedy because it
actually undermines the whole idea and brings the author back to the surface,
back from the dead. But the author kind of remerges as a sort of useful idiot,
because the "some rights reserved" are basically the rights to sell your
intellectual property to the publisher in exactly the same way as the early
industrial factory worker would have sold their labour to the factory.
[28:36]
C.S.: And that creates by no means a commons.
[28:41]
It by no means creative a commons, right. Because a primary function of a
commons is that it would be available for use by others producers, and the
Creative Commons isn't because you don't have any right to create your own
work to make a living from the works in the commons – because of the non-
commercial clause that covers a large percentage of the works there.
[29:09]
Peer Production License
[29:13]
C.S.: But you were thinking of an alternative. What is the alternative?
[29:19]
There is no easy alternative. The fact is that, so long as we have a cultural
industry that is dominated by market capitalism, then the majority of artists
working within it will have to work in that form. We can't arbitrarily, as
artists, simply pretend that the industry as it is doesn't exist. [29:41] But
at the same time we can hope that alternatives will develop – that alternative
ways of producing and sharing cultural works will develop. So that the
copyfarleft license... [29:52] I describe the Creative Commons as
copyjustright. It's not copyright, it's copyjustright – you can tune it, you
can tailor it to your specific interests or needs. But it is still copyright,
just a more fine-tuneable copyright that is better for a Web 2.0 distribution
model. [30:12] The alternative is what I call copyfarleft, which also starts
off with the Creative Commons non-commercial model for the simple reason that,
as we discussed, if you are an actually existing artist in the actually
existing cultural industries of today, you are going to have to make a living,
on the most part, by selling non-free works to publishers, non-free licenses
to publishers. That's simply the way the industry works. [30:37] But in order
not to close the door on another industry developing – a different kind of
industry developing – after denying commercial works blankly (so it has a non-
commercial clause), then it expressly allows commercial usage by non-
capitalist organisations, independent cooperatives, non-profits –
organisations that are not structured around investment capital and wage
labour, and so forth; that are not for-profit organisations that are enriching
private individuals and appropriating value from workers. [31:15] So this
allows you to succeed, at least potentially succeed as a commercial artist in
the commercial world as it is right now. But at the same time it doesn't close
the door on another kind of community from developing, other kind of industry
from developing. [31:35] And we have to understand that we are not going to be
able to get rid of the cultural industries as they exist today, until we have
another set of institutions that can play those same roles. They're not going
to magically vanish, and be magically replaced. [31:52] We have to, at the
same time as those exist, build up new kind of institutions. We have to think
of new ways to produce and share cultural works. And only when we've done
that, will the cultural institutions as they are today potentially go away.
[32:09] So the copyfarleft license tries to bridge that gap by allowing the
commons to grow, but at the same time allowing the commons producers to make a
living as they normally would within the regular cultural industry. [32:25]
Some good examples where you can see something like this – might be clear –
are some of the famous novelists like Wu Ming or Cory Doctorow, people that
have done very well by publishing their works under Creative Commons non-
commercial licenses. [32:42] Wu Ming's books, which are published, I believe,
by Random House or some big publisher, are available under a Creative Commons
non-commercial license. So if you want to download them for personal use, you
can. But if you are Random House, and you want to publish them and put them on
bookstores, and manufacture them in huge supply, you have to negotiate non-
free terms with Wu Ming. And this allows Wu Ming to make a living by licensing
their work to Random House. [33:10] But while it does do that, what it doesn't
do is allow that book to be manufactured any other way. So that means that
this capitalist form of production becomes the only form that you can
commercially produce this book – except for independents, just for their own
personal use. [33:25] Whereas if their book was instead under a copyfarleft
license, what we call the "peer production" licence, then not only could they
continue to work as they do, but also potentially their book could be made
available through other means as well. Like, independent workers cooperatives
could start manufacturing it, selling it and distributing it locally in their
own areas, and make a commercial living out of it. And then perhaps if those
were to actually succeed, then they could grow and start to provide some of
the functions that capitalist institutions do now.
[34:00]
Miscommunication Technology
[34:05]
The artworks that we do are more related to the topologies side of the theory
– the relationship between network topologies, communication topologies, and
the social relations embedded in communication systems with the political
economy and economic ideas, and people's relationships to each other. [34:24]
The Miscommunication Technologies series has been going on for a quite a while
now, I guess since 2006 or so. Most of the works were pretty obscure, but the
more recent works are getting more attention and better known. And I guess
that the ones that we're talking about and exhibiting the most are deadSwap,
Thimbl and R15N, and these all attempt to explore some of the ideas.
[35:01]
deadSwap
[35:06]
deadSwap is a file sharing system. It's playing on the kind of
circumventionist technologies that are coming out of the file sharing
community, and this idea that technology can make us be able to evade the
legal and economic structures. So deadSwap wants to question this by creating
a very extreme parody of what it would actually mean to really be private.
[35:40] It is a file sharing system, that in order to be private it only
exists on one USB stick. And this USB stick is hidden in public space, and its
user send text messages to an anonymous SMS gateway in order to tell other
users where they've hidden the stick. When you have the stick you can upload
and download files to it – it's a file sharing system. It has a Wiki and file
space, essentially. Then you hide the stick somewhere, and you text the system
and it forwards your message to the next person that is waiting to share data.
And this continues like that, so then that person can share data on it, they
hide it somewhere and send an SMS to the system which then it gets forwarded
to the next person. [36:28] This work serves a few different functions at
once. First, it starts to get people to understand networks and all the basic
components. The participants in the artwork actually play a network node – you
are passing on information as if you are part of a network. So this gets
people to start thinking about how networks work, because they are playing the
network. [36:52] But on the other hand, it also tries to get cross the idea
that the behaviour of the user is much important than the technology, when it
comes to security and privacy. So how difficult it is – the system is very
private – how difficult it is to actually use it, not lose the stick, not to
get discovered. [37:11] It's actually very difficult to actually use. Even
though it seems so simple, normally people lose the USB key within like an
hour or two of starting the system. It doesn't... All the secret agent manuals
that say, be a secret agent spy – isn't easy, and it tries to get this across,
that actually it's not nearly as easy to evade the economic and political
dimensions of our society as it should be. [37:45] Maybe it's better that we
politically fight to avoid having to share information only by hiding USB
sticks in public space, sticking around and acting like spies.
[37:57]
Thimbl
[38:02]
Thimbl is another work, and it is completely online. This work in some ways
has become a signature work for us, even though it doesn't really have any
physical presence. It's a purely conceptual work. [38:15] One of the arguments
that the Manifesto makes is that the Internet was a fully distributed social
media platform – that's what the Internet was, and then it was replaced,
because of capitalism and because of the economic logic of the market, with
centralised communication platforms like Twitter and Facebook. [38:40] And
despite that, within the free software community and the hacker community,
there's the opposite myth, just like the copyright myth. There's this idea
that we are moving towards decentralised software. [38:54] You see people like
Eben Moglen making this point a lot, when he says, now we have Facebook, but
because of FreedomBox, Diaspora and a laundry list of other projects, we're
eventually going to reach a decentralised software. [39:07] But this makes two
assumptions that are incorrect. The first is that we are starting with
centralised media and we are going to decentralised media, which actually is
incorrect. We started with a decentralised social media platform and we moved
to a centralised one. [39:40] And the second thing that is incorrect is that
we can move from a centralised platform to a decentralised platform if we just
create the right technology, so the problem is technological. [39:34] With
Thimbl we wanted to make the point that that wasn't true, that the problem was
actually political. The technological problem is trivial. The computer
sciences have been around forever. The problem is political. [39:43] The
problem is that these systems will not be financed by capital, because capital
requires profit in order to sustain itself. In order to capture profit it
needs to have control of user interaction and user's data. [39:57] To
illustrate this, we created a micro-blogging platform like Twitter, but using
a protocol of the 1970s called Finger. So we've used the protocol that has
been around since the 1970s and made a micro-blogging platform out of it –
fully, totally distributed micro-blogging platform. And then promoted it as if
it was a real thing, with videos and website, and stuff like that. But of
course, there is no way to sign up for it, because it's just a concept.
[40:22] And then there are some scripts that other people wrote that actually
made it to a certain degree real. For us it was just a concept, but then
people actually took it and made working implementations of it, and there are
several working implementations of Thimbl. [40:38] But the point remains that
the problem is not technical, the problem is political. So we came up with
this idea of the economic fiction, or the social fiction. [40:47] Because in
science fiction you often have situations where something that eventually
became a real technology was originally introduced in a fictional context as a
science fiction. [40:59] The reason it's fictional is because science at the
time was not able to create the thing, but as science transcends its
limitations, what was once fictional technology became real technology. So we
have this idea of a social or economic fiction. [41:15] Thimbl is not science
fiction. Technologically speaking it demonstrably works – it's a demonstrably
working concept. The problem is economic. [41:23] For Thimbl to become a
reality, society has to transcend its economic limitations – it's social and
economic limitations in order to find ways to create communication systems
that are not simply funded by the capture of user data and information, which
Thimbl can't do because it is a distributive system. You can't control the
users, you can't know who is using it or what they are doing, because it's
fully distributed.
[41:47]
R15N
[41:52]
The R15N has elements of both of those things. We wanted to create a system
that was basically drawn a little from deadSwap, but I wanted to take out the
secret agent element of it. Because I was really... [42:08] The first place it
was commissioned to be in was actually in Tel Aviv, in Israel, the [Israeli]
Center for Digital Art. And this kind of spy aesthetic that deadSwap had, I
didn't think it would be an appropriate aesthetic in that context. [42:22] The
idea that of trying to convince young people in a poor area in Tel Aviv to act
like spies and hide USB sticks in public space didn't seem like a good idea.
[42:34] So I wanted to go the other way, and I wanted to really emphasise the
collaboration, and create a kind of system that is pretty much totally
impossible to use, but only if you really cooperate you can make it work.
[42:45] So I took another old approach called the telephone tree. I don't know
if you remember telephone trees. Telephone trees existed for years before the
Internet, when schools and army reserves needed to be quickly dispatched, and
it worked with a very simple tree topology. [43:01] You had a few people that
were the top nodes, that then called the list of two or three people, that
then called the list of two or three people, that then called the list of two
or three people... And the message can be sent through the community very
rapidly through a telephone tree. [43:14] It is often used in Canada for
announcing snow days at school, for instance. If the school was closed, they
would call three parents, who would each call three parents, who would each
call three parents, and so forth. So that all the parents knew that the school
was closed. That's one aspect. [43:30] Another aspect of it is that
telephones, especially mobile phones, are really advertised as a very freedom
enabling kind of a thing. Things that you can go anywhere... [43:41] I don't
know if you remember some of the early telephones ads where there are always
businessmen on the beach. I remember this one where this woman's daughter
wants to make an appointment with her because she only has time for her
colleague appointments, and so it's this whole thing about spending more time
with her daughter – so she takes her daughter to the beach, which she is able
to do because she can still conduct business on her mobile phone. So it's this
freedom kind of a thing. [44:04] But in areas like the Jessi Cohen area in Tel
Aviv where we were working, and other areas where the project has been
exhibited, like Johannesburg – other places like that, the telephone has a
very different role, because it's free to receive phone calls, but it costs
much to make phone calls, in most parts of the world, especially in these poor
areas. [44:25] So the telephone is a very asymmetric power relationship based
on your availability of credit. So rather than being a freedom enabling thing,
it's a control technology. So young people and poor people that carry them
can't actually make any calls, they can't call anybody. They can only receive
calls. [44:40] So it's used as a tedder, a control system from their parents,
their teachers, their employers, so they can know where they are at any time
and say, hey why aren't you at work, or where are you, what are you doing.
It's actually a control technology. [44:54] We wanted to invert that too. So
the way the phone tree system work is that, when you have a message you
initiate a phone call, so you initiate a new tree, the system phones you...
[45:05] And you can initiate a new tree in the modern versions by pushing a
button in the gallery. There's a physical button in the gallery, you push the
button, there's a phone beside it, it rings a random person, you tell them
your message, and then it creates an ad hoc telephone tree. It takes all the
subscribers and arranges them in a tree, just like in the old telephone tree,
and each person calls each person, until your message, in theory, gets through
the community. [45:28] But of course in reality nobody answers their phones,
you get voicemail, and then you get voicemail talking to voicemail. Of course,
voice from the Internet is fake to begin with, so calls fail. So it actually
becomes this really frenetic system where people actually don’t know what's
going on, and the message is constantly lost. [45:44] And of course, you have
all of these missed phone calls, this high pressure of the always-on world.
You are always getting these phone calls, and you're missing phone calls, and
actually nobody ever knows what the message is. So it actually creates this
kind of mass confusion. [46:00] This once again demonstrates that the users –
what we call jokingly in the R15N literature, the diligence of the users, is
so much required for these systems to work. Technologically, the system is
actually more or less hindered. [46:21] But they also serve not only to make
that message, which is a more general message – but also, like in the other
ones, in R15N you are a node in the network. So when you don’t answer a call
you know that a message is dropped. [46:36] So you can image how volatile
information is in networks. When you pass your information through a third
party, you realise that they can drop it, they can change it, they can
introduce their own information. [46:50] And that is true in R15N, but is also
true in Facebook, in Twitter, and in any time you send messages through some
third party. That is one of the messages that is core to the series.