USDC
Complaint: Elsevier v. SciHub and LibGen
2015


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

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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

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

v.

SCI-HUB d/b/a WWW.SCI-HUB.ORG, THE LIBRARY GENESIS PROJECT d/b/a LIBGEN.ORG, ALEXANDRA ELBAKYAN, JOHN DOES 1-99,
Defendants.

Plaintiffs Elsevier Inc, Elsevier B.V., and Elsevier Ltd. (collectively “Elsevier”),
by their attorneys DeVore & DeMarco LLP, for their complaint against www.scihub.org,
www.libgen.org, Alexandra Elbakyan, and John Does 1-99 (collectively the “Defendants”),
allege as follows:

NATURE OF THE ACTION

1. This is a civil action seeking damages and injunctive relief for: (1) copyright infringement under the copyright laws of the United States (17 U.S.C. § 101 et seq.); and (2) violations of the Computer Fraud and Abuse Act, 18.U.S.C. § 1030, based upon Defendants’ unlawful access to, use, reproduction, and distribution of Elsevier’s copyrighted works. Defendants’ actions in this regard have caused and continue to cause irreparable injury to Elsevier and its publishing partners (including scholarly societies) for which it publishes certain journals.

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PARTIES

2. Plaintiff Elsevier Inc. is a corporation organized under the laws of Delaware, with its principal place of business at 360 Park Avenue South, New York, New York 10010.

3. Plaintiff Elsevier B.V. is a corporation organized under the laws of the Netherlands, with its principal place of business at Radarweg 29, Amsterdam, 1043 NX, Netherlands.

4. Plaintiff Elsevier Ltd. is a corporation organized under the laws of the United Kingdom, with its principal place of business at 125 London Wall, EC2Y 5AS United Kingdom.

5. Upon information and belief, Defendant Sci-Hub is an individual or organization engaged in the operation of the website accessible at the URL “www.sci-hub.org,” and related subdomains, including but not limited to the subdomain “www.sciencedirect.com.sci-hub.org,”
www.elsevier.com.sci-hub.org,” “store.elsevier.com.sci-hub.org,” and various subdomains
incorporating the company and product names of other major global publishers (collectively with www.sci-hub.org the “Sci-Hub Website”). The sci-hub.org domain name is registered by
“Fundacion Private Whois,” located in Panama City, Panama, to an unknown registrant. As of
the date of this filing, the Sci-Hub Website is assigned the IP address 31.184.194.81. This IP address is part of a range of IP addresses assigned to Petersburg Internet Network Ltd., a webhosting company located in Saint Petersburg, Russia.

6. Upon information and belief, Defendant Library Genesis Project is an organization which operates an online repository of copyrighted materials accessible through the website located at the URL “libgen.org” as well as a number of other “mirror” websites
(collectively the “Libgen Domains”). The libgen.org domain is registered by “Whois Privacy
Corp.,” located at Ocean Centre, Montagu Foreshore, East Bay Street, Nassau, New Providence,

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Bahamas, to an unknown registrant. As of the date of this filing, libgen.org is assigned the IP address 93.174.95.71. This IP address is part of a range of IP addresses assigned to Ecatel Ltd., a web-hosting company located in Amsterdam, the Netherlands.

7. The Libgen Domains include “elibgen.org,” “libgen.info,” “lib.estrorecollege.org,” and “bookfi.org.”

8. Upon information and belief, Defendant Alexandra Elbakyan is the principal owner and/or operator of Sci-Hub. Upon information and belief, Elbakyan is a resident of Almaty, Kazakhstan.

9. Elsevier is unaware of the true names and capacities of the individuals named as Does 1-99 in this Complaint (together with Alexandra Elbakyan, the “Individual Defendants”),
and their residence and citizenship is also unknown. Elsevier will amend its Complaint to allege the names, capacities, residence and citizenship of the Doe Defendants when their identities are learned.

10. Upon information and belief, the Individual Defendants are the owners and operators of numerous of websites, including Sci-Hub and the websites located at the various
Libgen Domains, and a number of e-mail addresses and accounts at issue in this case.

11. The Individual Defendants have participated, exercised control over, and benefited from the infringing conduct described herein, which has resulted in substantial harm to
the Plaintiffs.

JURISDICTION AND VENUE

12. This is a civil action arising from the Defendants’ violations of the copyright laws of the United States (17 U.S.C. § 101 et seq.) and the Computer Fraud and Abuse Act (“CFAA”),

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18.U.S.C. § 1030. Therefore, the Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331.

13. Upon information and belief, the Individual Defendants own and operate computers and Internet websites and engage in conduct that injures Plaintiff in this district, while
also utilizing instrumentalities located in the Southern District of New York to carry out the acts complained of herein.

14. Defendants have affirmatively directed actions at the Southern District of New York by utilizing computer servers located in the District without authorization and by
unlawfully obtaining access credentials belonging to individuals and entities located in the
District, in order to unlawfully access, copy, and distribute Elsevier's copyrighted materials
which are stored on Elsevier’s ScienceDirect platform.
15.

Defendants have committed the acts complained of herein through unauthorized

access to Plaintiffs’ copyrighted materials which are stored and maintained on computer servers
located in the Southern District of New York.
16.

Defendants have undertaken the acts complained of herein with knowledge that

such acts would cause harm to Plaintiffs and their customers in both the Southern District of
New York and elsewhere. Defendants have caused the Plaintiff injury while deriving revenue
from interstate or international commerce by committing the acts complained of herein.
Therefore, this Court has personal jurisdiction over Defendants.
17.

Venue in this District is proper under 28 U.S.C. § 1391(b) because a substantial

part of the events giving rise to Plaintiffs’ claims occurred in this District and because the
property that is the subject of Plaintiffs’ claims is situated in this District.

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FACTUAL ALLEGATIONS
Elsevier’s Copyrights in Publications on ScienceDirect
18.

Elsevier is a world leading provider of professional information solutions in the

Science, Medical, and Health sectors. Elsevier publishes, markets, sells, and licenses academic
textbooks, journals, and examinations in the fields of science, medicine, and health. The
majority of Elsevier’s institutional customers are universities, governmental entities, educational
institutions, and hospitals that purchase physical and electronic copies of Elsevier’s products and
access to Elsevier’s digital libraries. Elsevier distributes its scientific journal articles and book
chapters electronically via its proprietary subscription database “ScienceDirect”
(www.sciencedirect.com). In most cases, Elsevier holds the copyright and/or exclusive
distribution rights to the works available through ScienceDirect. In addition, Elsevier holds
trademark rights in “Elsevier,” “ScienceDirect,” and several other related trade names.
19.

The ScienceDirect database is home to almost one-quarter of the world's peer-

reviewed, full-text scientific, technical and medical content. The ScienceDirect service features
sophisticated search and retrieval tools for students and professionals which facilitates access to
over 10 million copyrighted publications. More than 15 million researchers, health care
professionals, teachers, students, and information professionals around the globe rely on
ScienceDirect as a trusted source of nearly 2,500 journals and more than 26,000 book titles.
20.

Authorized users are provided access to the ScienceDirect platform by way of

non-exclusive, non-transferable subscriptions between Elsevier and its institutional customers.
According to the terms and conditions of these subscriptions, authorized users of ScienceDirect
must be users affiliated with the subscriber (e.g., full-time and part-time students, faculty, staff

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and researchers of subscriber universities and individuals using computer terminals within the
library facilities at the subscriber for personal research, education or other non-corporate use.)
21.

A substantial portion of American research universities maintain active

subscriptions to ScienceDirect. These subscriptions, under license, allow the universities to
provide their faculty and students access to the copyrighted works within the ScienceDirect
database.
22.

Elsevier stores and maintains the copyrighted material available in ScienceDirect

on servers owned and operated by a third party whose servers are located in the Southern District
of New York and elsewhere. In order to optimize performance, these third-party servers
collectively operate as a distributed network which serves cached copies of Elsevier’s
copyrighted materials by way of particular servers that are geographically close to the user. For
example, a user that accesses ScienceDirect from a University located in the Southern District of
New York will likely be served that content from a server physically located in the District.

Authentication of Authorized University ScienceDirect Users
23.

Elsevier maintains the integrity and security of the copyrighted works accessible

on ScienceDirect by allowing only authenticated users access to the platform. Elsevier
authenticates educational users who access ScienceDirect through their affiliated university’s
subscription by verifying that they are able to access ScienceDirect from a computer system or
network previously identified as belonging to a subscribing university.
24.

Elsevier does not track individual educational users’ access to ScienceDirect.

Instead, Elsevier verifies only that the user has authenticated access to a subscribing university.
25.

Once an educational user authenticates his computer with ScienceDirect on a

university network, that computer is permitted access to ScienceDirect for a limited amount of
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time without re-authenticating. For example, a student could access ScienceDirect from their
laptop while sitting in a university library, then continue to access ScienceDirect using that
laptop from their dorm room later that day. After a specified period of time has passed, however,
a user will have to re-authenticate his or her computer’s access to ScienceDirect by connecting to
the platform through a university network.
26.

As a matter of practice, educational users access university networks, and thereby

authenticate their computers with ScienceDirect, primarily through one of two methods. First,
the user may be physically connected to a university network, for example by taking their
computer to the university’s library. Second, the user may connect remotely to the university’s
network using a proxy connection. Universities offer proxy connections to their students and
faculty so that those users may access university computing resources – including access to
research databases such as ScienceDirect – from remote locations which are unaffiliated with the
university. This practice facilitates the use of ScienceDirect by students and faculty while they
are at home, travelling, or otherwise off-campus.
Defendants’ Unauthorized Access to University Proxy Networks to Facilitate Copyright
Infringement
27.

Upon information and belief, Defendants are reproducing and distributing

unauthorized copies of Elsevier’s copyrighted materials, unlawfully obtained from
ScienceDirect, through Sci-Hub and through various websites affiliated with the Library Genesis
Project. Specifically, Defendants utilize their websites located at sci-hub.org and at the Libgen
Domains to operate an international network of piracy and copyright infringement by
circumventing legal and authorized means of access to the ScienceDirect database. Defendants’
piracy is supported by the persistent intrusion and unauthorized access to the computer networks

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of Elsevier and its institutional subscribers, including universities located in the Southern District
of New York.
28.

Upon information and belief, Defendants have unlawfully obtained and continue

to unlawfully obtain student or faculty access credentials which permit proxy connections to
universities which subscribe to ScienceDirect, and use these credentials to gain unauthorized
access to ScienceDirect.
29.

Upon information and belief, Defendants have used and continue to use such

access credentials to authenticate access to ScienceDirect and, subsequently, to obtain
copyrighted scientific journal articles therefrom without valid authorization.
30.

The Sci-Hub website requires user interaction in order to facilitate its illegal

copyright infringement scheme. Specifically, before a Sci-Hub user can obtain access to
copyrighted scholarly journals, articles, and books that are maintained by ScienceDirect, he must
first perform a search on the Sci-Hub page. A Sci-Hub user may search for content using either
(a) a general keyword-based search, or (b) a journal, article or book identifier (such as a Digital
Object Identifier, PubMed Identifier, or the source URL).
31.

When a user performs a keyword search on Sci-Hub, the website returns a proxied

version of search results from the Google Scholar search database. 1 When a user selects one of
the search results, if the requested content is not available from the Library Genesis Project, SciHub unlawfully retrieves the content from ScienceDirect using the access previously obtained.
Sci-Hub then provides a copy of that article to the requesting user, typically in PDF format. If,
however, the requested content can be found in the Library Genesis Project repository, upon

1

Google Scholar provides its users the capability to search for scholarly literature, but does not provide the
full text of copyrighted scientific journal articles accessible through paid subscription services such as
ScienceDirect. Instead, Google Scholar provides bibliographic information concerning such articles along with a
link to the platform through which the article may be purchased or accessed by a subscriber.

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information and belief, Sci-Hub obtains the content from the Library Genesis Project repository
and provides that content to the user.
32.

When a user searches on Sci-Hub for an article available on ScienceDirect using a

journal or article identifier, the user is redirected to a proxied version of the ScienceDirect page
where the user can download the requested article at no cost. Upon information and belief, SciHub facilitates this infringing conduct by using unlawfully-obtained access credentials to
university proxy servers to establish remote access to ScienceDirect through those proxy servers.
If, however, the requested content can be found in the Library Genesis Project repository, upon
information and belief, Sci-Hub obtains the content from it and provides it to the user.
33.

Upon information and belief, Sci-Hub engages in no other activity other than the

illegal reproduction and distribution of digital copies of Elsevier’s copyrighted works and the
copyrighted works of other publishers, and the encouragement, inducement, and material
contribution to the infringement of the copyrights of those works by third parties – i.e., the users
of the Sci-Hub website.
34.

Upon information and belief, in addition to the blatant and rampant infringement

of Elsevier’s copyrights as described above, the Defendants have also used the Sci-Hub website
to earn revenue from the piracy of copyrighted materials from ScienceDirect. Sci-Hub has at
various times accepted funds through a variety of payment processors, including PayPal,
Yandex, WebMoney, QiQi, and Bitcoin.
Sci-Hub’s Use of the Library Genesis Project as a Repository for Unlawfully-Obtained
Scientific Journal Articles and Books
35.

Upon information and belief, when Sci-Hub pirates and downloads an article from

ScienceDirect in response to a user request, in addition to providing a copy of that article to that
user, Sci-Hub also provides a duplicate copy to the Library Genesis Project, which stores the
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article in a database accessible through the Internet. Upon information and belief, the Library
Genesis Project is designed to be a permanent repository of this and other illegally obtained
content.
36.

Upon information and belief, in the event that a Sci-Hub user requests an article

which has already been provided to the Library Genesis Project, Sci-Hub may provide that user
access to a copy provided by the Library Genesis Project rather than re-download an additional
copy of the article from ScienceDirect. As a result, Defendants Sci-Hub and Library Genesis
Project act in concert to engage in a scheme designed to facilitate the unauthorized access to and
wholesale distribution of Elsevier’s copyrighted works legitimately available on the
ScienceDirect platform.
The Library Genesis Project’s Unlawful Distribution of Plaintiff’s Copyrighted Works
37.

Access to the Library Genesis Project’s repository is facilitated by the website

“libgen.org,” which provides its users the ability to search, download content from, and upload
content to, the repository. The main page of libgen.org allows its users to perform searches in
various categories, including “LibGen (Sci-Tech),” and “Scientific articles.” In addition to
searching by keyword, users may also search for specific content by various other fields,
including title, author, periodical, publisher, or ISBN or DOI number.
38.

The libgen.org website indicates that the Library Genesis Project repository

contains approximately 1 million “Sci-Tech” documents and 40 million scientific articles. Upon
information and belief, the large majority of these works is subject to copyright protection and is
being distributed through the Library Genesis Project without the permission of the applicable
rights-holder. Upon information and belief, the Library Genesis Project serves primarily, if not

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exclusively, as a scheme to violate the intellectual property rights of the owners of millions of
copyrighted works.
39.

Upon information and belief, Elsevier owns the copyrights in a substantial

number of copyrighted materials made available for distribution through the Library Genesis
Project. Elsevier has not authorized the Library Genesis Project or any of the Defendants to
copy, display, or distribute through any of the complained of websites any of the content stored
on ScienceDirect to which it holds the copyright. Among the works infringed by the Library
Genesis Project are the “Guyton and Hall Textbook of Medical Physiology,” and the article “The
Varus Ankle and Instability” (published in Elsevier’s journal “Foot and Ankle Clinics of North
America”), each of which is protected by Elsevier’s federally-registered copyrights.
40.

In addition to the Library Genesis Project website accessible at libgen.org, users

may access the Library Genesis Project repository through a number of “mirror” sites accessible
through other URLs. These mirror sites are similar, if not identical, in functionality to
libgen.org. Specifically, the mirror sites allow their users to search and download materials from
the Library Genesis Project repository.
FIRST CLAIM FOR RELIEF
(Direct Infringement of Copyright)
41.

Elsevier incorporates by reference the allegations contained in paragraphs 1-40

42.

Elsevier’s copyright rights and exclusive distribution rights to the works available

above.

on ScienceDirect (the “Works”) are valid and enforceable.
43.

Defendants have infringed on Elsevier’s copyright rights to these Works by

knowingly and intentionally reproducing and distributing these Works without authorization.

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44.

The acts of infringement described herein have been willful, intentional, and

purposeful, in disregard of and indifferent to Plaintiffs’ rights.
45.

Without authorization from Elsevier, or right under law, Defendants are directly

liable for infringing Elsevier’s copyrighted Works pursuant to 17 U.S.C. §§ 106(1) and/or (3).
46.

As a direct result of Defendants’ actions, Elsevier has suffered and continues to

suffer irreparable harm for which Elsevier has no adequate remedy at law, and which will
continue unless Defendants’ actions are enjoined.
47.

Elsevier seeks injunctive relief and costs and damages in an amount to be proven

at trial.
SECOND CLAIM FOR RELIEF
(Secondary Infringement of Copyright)
48.

Elsevier incorporates by reference the allegations contained in paragraphs 1-40

49.

Elsevier’s copyright rights and exclusive distribution rights to the works available

above.

on ScienceDirect (the “Works”) are valid and enforceable.
50.

Defendants have infringed on Elsevier’s copyright rights to these Works by

knowingly and intentionally reproducing and distributing these Works without license or other
authorization.
51.

Upon information and belief, Defendants intentionally induced, encouraged, and

materially contributed to the reproduction and distribution of these Works by third party users of
websites operated by Defendants.
52.

The acts of infringement described herein have been willful, intentional, and

purposeful, in disregard of and indifferent to Elsevier’s rights.

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53.

Without authorization from Elsevier, or right under law, Defendants are directly

liable for third parties’ infringement of Elsevier’s copyrighted Works pursuant to 17 U.S.C. §§
106(1) and/or (3).
54.

Upon information and belief, Defendants profited from third parties’ direct

infringement of Elsevier’s Works.
55.

Defendants had the right and the ability to supervise and control their websites

and the third party infringing activities described herein.
56.

As a direct result of Defendants’ actions, Elsevier has suffered and continues to

suffer irreparable harm for which Elsevier has no adequate remedy at law, and which will
continue unless Defendants’ actions are enjoined.
57.

Elsevier seeks injunctive relief and costs and damages in an amount to be proven

at trial.
THIRD CLAIM FOR RELIEF
(Violation of the Computer Fraud & Abuse Act)
58.

Elsevier incorporates by reference the allegations contained in paragraphs 1-40

59.

Elsevier’s computers and servers, the third-party computers and servers which

above.

store and maintain Elsevier’s copyrighted works for ScienceDirect, and Elsevier’s customers’
computers and servers which facilitate access to Elsevier’s copyrighted works on ScienceDirect,
are all “protected computers” under the Computer Fraud and Abuse Act (“CFAA”).
60.

Defendants (a) knowingly and intentionally accessed such protected computers

without authorization and thereby obtained information from the protected computers in a
transaction involving an interstate or foreign communication (18 U.S.C. § 1030(a)(2)(C)); and
(b) knowingly and with an intent to defraud accessed such protected computers without
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authorization and obtained information from such computers, which Defendants used to further
the fraud and obtain something of value (18 U.S.C. § 1030(a)(4)).
61.

Defendants’ conduct has caused, and continues to cause, significant and

irreparable damages and loss to Elsevier.
62.

Defendants’ conduct has caused a loss to Elsevier during a one-year period

aggregating at least $5,000.
63.

As a direct result of Defendants’ actions, Elsevier has suffered and continues to

suffer irreparable harm for which Elsevier has no adequate remedy at law, and which will
continue unless Defendants’ actions are enjoined.
64.

Elsevier seeks injunctive relief, as well as costs and damages in an amount to be

proven at trial.
PRAYER FOR RELIEF
WHEREFORE, Elsevier respectfully requests that the Court:
A. Enter preliminary and permanent injunctions, enjoining and prohibiting Defendants,
their officers, directors, principals, agents, servants, employees, successors and
assigns, and all persons and entities in active concert or participation with them, from
engaging in any of the activity complained of herein or from causing any of the injury
complained of herein and from assisting, aiding, or abetting any other person or
business entity in engaging in or performing any of the activity complained of herein
or from causing any of the injury complained of herein;
B. Enter an order that, upon Elsevier’s request, those in privity with Defendants and
those with notice of the injunction, including any Internet search engines, Web
Hosting and Internet Service Providers, domain-name registrars, and domain name

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registries or their administrators that are provided with notice of the injunction, cease
facilitating access to any or all domain names and websites through which Defendants
engage in any of the activity complained of herein;
C. Enter an order that, upon Elsevier’s request, those organizations which have
registered Defendants’ domain names on behalf of Defendants shall disclose
immediately to Plaintiffs all information in their possession concerning the identity of
the operator or registrant of such domain names and of any bank accounts or financial
accounts owned or used by such operator or registrant;
D. Enter an order that, upon Elsevier’s request, the TLD Registries for the Defendants’
websites, or their administrators, shall place the domain names on
registryHold/serverHold as well as serverUpdate, ServerDelete, and serverTransfer
prohibited statuses, for the remainder of the registration period for any such website.
E. Enter an order canceling or deleting, or, at Elsevier’s election, transferring the domain
name registrations used by Defendants to engage in the activity complained of herein
to Elsevier’s control so that they may no longer be used for illegal purposes;
F. Enter an order awarding Elsevier its actual damages incurred as a result of
Defendants’ infringement of Elsevier’s copyright rights in the Works and all profits
Defendant realized as a result of its acts of infringement, in amounts to be determined
at trial; or in the alternative, awarding Elsevier, pursuant to 17 U.S.C. § 504, statutory
damages for the acts of infringement committed by Defendants, enhanced to reflect
the willful nature of the Defendants’ infringement;
G. Enter an order disgorging Defendants’ profits;

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Liang
Shadow Libraries
2012


Journal #37 - September 2012

# Shadow Libraries

Over the last few monsoons I lived with the dread that the rain would
eventually find its ways through my leaky terrace roof and destroy my books.
Last August my fears came true when I woke up in the middle of the night to
see my room flooded and water leaking from the roof and through the walls.
Much of the night was spent rescuing the books and shifting them to a dry
room. While timing and speed were essential to the task at hand they were also
the key hazards navigating a slippery floor with books perched till one’s
neck. At the end of the rescue mission, I sat alone, exhausted amongst a
mountain of books assessing the damage that had been done, but also having
found books I had forgotten or had not seen in years; books which I had
thought had been permanently borrowed by others or misplaced found their way
back as I set many aside in a kind of ritual of renewed commitment.

[ ](//images.e-flux-systems.com/2012_09_book-library-small-WEB.jpg,2000)

Sorting the badly damaged from the mildly wet, I could not help but think
about the fragile histories of books from the library of Alexandria to the
great Florence flood of 1966. It may have seemed presumptuous to move from the
precarity of one’s small library and collection to these larger events, but is
there any other way in which one experiences earth-shattering events if not
via a microcosmic filtering through one’s own experiences? I sent a distressed
email to a friend Sandeep a committed bibliophile and book collector with a
fantastic personal library, who had also been responsible for many of my new
acquisitions. He wrote back on August 17, and I quote an extract of the email:

> Dear Lawrence

>

> I hope your books are fine. I feel for you very deeply, since my nightmares
about the future all contain as a key image my books rotting away under a
steady drip of grey water. Where was this leak, in the old house or in the
new? I spent some time looking at the books themselves: many of them I greeted
like old friends. I see you have Lewis Hyde’s _Trickster Makes the World_ and
Edward Rice’s _Captain Sir Richard Francis Burton_ in the pile: both top-class
books. (Burton is a bit of an obsession with me. The man did and saw
everything there was to do and see, and thought about it all, and wrote it all
down in a massive pile of notes and manuscripts. He squirrelled a fraction of
his scholarship into the tremendous footnotes to the Thousand and One Nights,
but most of it he could not publish without scandalising the Victorians, and
then he died, and his widow made a bonfire in the backyard, and burnt
everything because she disapproved of these products of a lifetime’s labors,
and of a lifetime such as few have ever had, and no one can ever have again. I
almost hope there is a special hell for Isabel Burton to burn in.)

Moving from one’s personal pile to the burning of the work of one of the
greatest autodidacts of the nineteenth century and back it was strangely
comforting to be reminded that libraries—the greatest of time machines
invented—were testimonies to both the grandeur and the fragility of
civilizations. Whenever I enter huge libraries it is with a tingling sense of
excitement normally reserved for horror movies, but at the same time this same
sense of awe is often accompanied by an almost debilitating sense of what it
means to encounter finitude as it is dwarfed by centuries of words and
scholarship. Yet strangely when I think of libraries it is rarely the New York
public library that comes to mind even as I wish that we could have similar
institutions in India. I think instead of much smaller collections—sometimes
of institutions but often just those of friends and acquaintances. I enjoy
browsing through people’s bookshelves, not just to discern their reading
preferences or to discover for myself unknown treasures, but also to take
delight in the local logic of their library, their spatial preferences and to
understand the order of things not as a global knowledge project but as a
personal, often quirky rationale.

[ ](//images.e-flux-systems.com/2012_09_library-of-congress.jpg,2000 "Machine
room for book transportation at the Library of Congress, early 20th century.")

Machine room for book transportation at the Library of Congress, early 20th
century.

Like romantic love, bibliophilia is perhaps shaped by one’s first love. The
first library that I knew intimately was a little six by eight foot shop
hidden in a by-lane off one of the busiest roads in Bangalore, Commercial
street. From its name to what it contained, Mecca stores could well have been
transported out of an Arabian nights tale. One side of the store was lined
with plastic ware and kitchen utensils of every shape and size while the other
wall was piled with books, comics, and magazines. From my eight-year-old
perspective it seemed large enough to contain all the knowledge of the world.
I earned a weekly stipend packing noodles for an hour every day after school
in the home shop that my parents ran, which I used to either borrow or buy
second hand books from the store. I was usually done with them by Sunday and
would have them reread by Wednesday. The real anguish came in waiting from
Wednesday to Friday for the next set. After finally acquiring a small
collection of books and comics myself I decided—spurred on by a fatal
combination of entrepreneurial enthusiasm and a pedantic desire to educate
others—to start a small library myself. Packing my books into a small aluminum
case and armed with a makeshift ledger, I went from house to house convincing
children in the neighborhood to forgo twenty-five paisa in exchange for a book
or comic with an additional caveat that they were not to share them with any
of their friends. While the enterprise got off to a reasonable start it soon
met its end when I realized that despite my instructions, my friends were
generously sharing the comics after they were done with them, which thereby
ended my biblioempire ambitions.

Over the past few years the explosion of ebook readers and consequent rise in
the availability of pirated books have opened new worlds to my booklust.
[Library.nu](library.nu), which began as gigapedia, suddenly made the idea of
the universal library seem like reality. By the time it shut down in February
2012 the library had close to a million books and over half a million active
users. Bibliophiles across the world were distraught when the site was shut
down and if it were ever possible to experience what the burning of the
library of Alexandria must have felt it was that collective ache of seeing the
closure of [library.nu.](library.nu)

What brings together something as monumental as the New York public library, a
collective enterprise like [library.nu](library.nu) and Mecca stores if not
the word library? As spaces they may have little in common but as virtual
spaces they speak as equals even if the scale of their imagination may differ.
All of them partake of their share in the world of logotopias. In an
exhibition designed to celebrate the place of the library in art, architecture
and imagination the curator Sascha Hastings coined the term logotopia to
designate “word places”—a happy coincidence of architecture and language.

There is however a risk of flattening the differences between these spaces by
classifying them all under a single utopian ideal of the library. Imagination
after all has a geography and physiology and requires our alertness to these
distinctions. Lets think instead of an entire pantheon (both of spaces as well
as practices) that we can designate as shadow libraries (or shadow logotopias
if you like) which exist in the shadows cast by the long history of monumental
libraries. While they are often dwarfed by the idea of the library, like the
shadows cast by our bodies, sometimes these shadows surge ahead of the body.

[ ](//images.e-flux-systems.com/2012_09_london-blitz-WEB.jpg,2000 "The London
Library after the Blitz, c. 1940.")

The London Library after the Blitz, c. 1940.

At the heart of all libraries lies a myth—that of the burning of the library
of Alexandria. No one knows what the library of Alexandria looked like or
possesses an accurate list of its contents. What we have long known though is
a sense of loss. But a loss of what? Of all the forms of knowledge in the
world in a particular time. Because that was precisely what the library of
Alexandria sought to collect under its roofs. It is believed that in order to
succeed in assembling a universal library, King Ptolemy I wrote “to all the
sovereigns and governors on earth” begging them to send to him every kind of
book by every kind of author, “poets and prose-writers, rhetoricians and
sophists, doctors and soothsayers, historians, and all others too.” The king’s
scholars had calculated that five hundred thousand scrolls would be required
if they were to collect in Alexandria “all the books of all the peoples of the
world.”1

What was special about the Library of Alexandria was the fact that until then
the libraries of the ancient world were either private collections of an
individual or government storehouses where legal and literary documents were
kept for official reference. By imagining a space where the public could have
access to all the knowledge of the world, the library also expressed a new
idea of the human itself. While the library of Alexandria is rightfully
celebrated, what is often forgotten in the mourning of its demise is another
library—one that existed in the shadows of the grand library but whose
whereabouts ensured that it survived Caesar’s papyrus destroying flames.

According to the Sicilian historian Diodorus Siculus, writing in the first
century BC, Alexandria boasted a second library, the so-called daughter
library, intended for the use of scholars not affiliated with the Museion. It
was situated in the south-western neighborhood of Alexandria, close to the
temple of Serapis, and was stocked with duplicate copies of the Museion
library’s holdings. This shadow library survived the fire that destroyed the
primary library of Alexandria but has since been eclipsed by the latter’s
myth.

Alberto Manguel says that if the library of Alexandria stood tall as an
expression of universal ambitions, there is another structure that haunts our
imagination: the tower of Babel. If the library attempted to conquer time, the
tower sought to vanquish space. He says “The Tower of Babel in space and the
Library of Alexandria in time are the twin symbols of these ambitions. In
their shadow, my small library is a reminder of both impossible yearnings—the
desire to contain all the tongues of Babel and the longing to possess all the
volumes of Alexandria.”2 Writing about the two failed projects Manguel adds
that when seen within the limiting frame of the real, the one exists only as
nebulous reality and the other as an unsuccessful if ambitious real estate
enterprise. But seen as myths, and in the imagination at night, the solidity
of both buildings for him is unimpeachable.3

The utopian ideal of the universal library was more than a question of built
up form or space or even the possibility of storing all of the knowledge of
the world; its real aspiration was in the illusion of order that it could
impose on a chaotic world where the lines drawn by a fine hairbrush
distinguished the world of animals from men, fairies from ghosts, science from
magic, and Europe from Japan. In some cases even after the physical structure
that housed the books had crumbled and the books had been reduced to dust the
ideal remained in the form of the order imagined for the library. One such
residual evidence comes to us by way of the _Pandectae_ —a comprehensive
bibliography created by Conrad Gesner in 1545 when he feared that the Ottoman
conquerors would destroy all the books in Europe. He created a bibliography
from which the library could be built again—an all embracing index which
contained a systematic organization of twenty principal groups with a matrix
like structure that contained 30,000 concepts.4

It is not surprising that Alberto Manguel would attempt write a literary,
historical and personal history of the library. As a seventeen-year-old man in
Buenos Aries, Manguel read for the blind seer Jorge Luis Borges who once
imagined in his appropriately named story—The Tower of Babel—paradise as a
kind of library. Modifying his mentor’s statement in what can be understood as
a gesture to the inevitable demands of the real and yet acknowledging the
possible pleasures of living in shadows, Manguel asserts that sometimes
paradise must adapt itself to suit circumstantial requirements. Similarly
Jacques Rancière writing about the libraries of the working class in the
eighteenth century tells us about Gauny a joiner and a boy in love with
vagrancy and botany who decides to build a library for himself. For the sons
of the poor proletarians living in Saint Marcel district, libraries were built
only a page at a time. He learnt to read by tracing the pages on which his
mother bought her lentils and would be disappointed whenever he came to the
end of a page and the next page was not available, even though he urged his
mother to buy her lentils from the same grocer. 5

[ ](//images.e-flux-systems.com/2012_09_DGF-D-Tropics-detail-hi-res-
WEB.jpg,2000 "Dominique Gonzalez-Foerster, Chronotopes & Dioramas , 2009.
Diorama installation at The Hispanic Society of America, New York.")

Dominique Gonzalez-Foerster, _Chronotopes & Dioramas_, 2009. Diorama
installation at The Hispanic Society of America, New York.

Is the utopian ideal of the universal library as exemplified by the library of
Alexandria or modernist pedagogic institutions of the twentieth century
adequate to the task of describing the space of the shadow library, or do we
need a different account of these other spaces? In an era of the ebook reader
where the line between a book and a library is blurred, the very idea of a
library is up for grabs. It has taken me well over two decades to build a
collection of a few thousand books while around two hundred thousand books
exist as bits and bytes on my computer. Admittedly hard drives crash and data
is lost, but is that the same threat as those of rain or fire? Which then is
my library and which its shadow? Or in the spirit of logotopias would it be
more appropriate to ask the spatial question: where is the library?

If the possibility of having 200,000 books on one’s computer feels staggering
here is an even more startling statistic. The Library of Congress which is the
largest library in the world with holdings of approximately thirty million
books, which would—if they were piled on the floor—cover 364 kilometers could
potentially fit into an SD card. It is estimated that by 2030 an ordinary SD
card will have the capacity of storing up to 64 TB and assuming each book were
digitized at an average size of 1MB it would technically be possible to fit
two Libraries of Congress in one’s pocket.

It sounds like science fiction, but isn’t it the case that much of the science
fiction of a decade ago finds itself comfortably within the weaves of everyday
life. How do we make sense of the future of the library? While it may be
tempting to throw our hands up in boggled perplexity about what it means to be
able to have thirty million books lets face it: the point of libraries have
never been that you will finish what’s there. Anyone with even a modest book
collection will testify to the impossibility of ever finishing their library
and if anything at all the library stands precisely at the cusp of our
finitude and our infinity. Perhaps that is what Borges—the consummate mixer of
time and space—meant when he described paradise as a library, not as a spatial
idea but a temporal one: that it was only within the confines of infinity that
one imagine finishing reading one’s library. It would therefore be more
interesting to think of the shadow library as a way of thinking about what it
means to dwell in knowledge. While all our aspirations for a habitat should
have a utopian element to them, lets face it, utopias have always been
difficult spaces to live in.

In contrast to the idea of utopia is heterotopia—a term with its origins in
medicine (referring to an organ of the body that had been dislodged from its
usual space) and popularized by Michel Foucault both in terms of language as
well as a spatial metaphor. If utopia exists as a nowhere or imaginary space
with no connection to any existing social spaces, then heterotopias in
contrast are realities that exist and are even foundational, but in which all
other spaces are potentially inverted and contested. A mirror for instance is
simultaneously a utopia (placeless place) even as it exists in reality. But
from the standpoint of the mirror you discover your absence as well. Foucault
remarks, “The mirror functions as a heterotopia in this respect: it makes this
place that I occupy at the moment when I look at myself in the glass at once
absolutely real, connected with all the space that surrounds it, and
absolutely unreal, since in order to be perceived it has to pass through this
virtual point which is over there.”6

In _The Order of Things_ Foucault sought to investigate the conceptual space
which makes the order of knowledge possible; in his famed reading of Borges’s
Chinese encyclopedia he argues that the impossibility involved in the
encyclopedia consists less in the fantastical status of the animals and their
coexistence with real animals such as (d) sucking pigs and (e) sirens, but in
where they coexist and what “transgresses the boundaries of all imagination,
of all possible thought, is simply that alphabetical series (a, b, c, d) which
links each of those categories to all the others.” 7 Heterotopias destabilize
the ground from which we build order and in doing so reframe the very
epistemic basis of how we know.

Foucault later developed a greater spatial understanding of heterotopias in
which he uses specific examples such as the cemetery (at once the space of the
familiar since everyone has someone in the cemetery and at the heart of the
city but also over a period of time the other city, where each family
possesses its dark resting place).8 Indeed, the paradox of heterotopias is
that they are both separate from yet connected to all other spaces. This
connectedness is precisely what builds contestation into heterotopias.
Imaginary spaces such as utopias exist completely outside of order.
Heteretopias by virtue of their connectedness become sites in which epistemes
collide and overlap. They bring together heterogeneous collections of unusual
things without allowing them a unity or order established through resemblance.
Instead, their ordering is derived from a process of similitude that produces,
in an almost magical, uncertain space, monstrous combinations that unsettle
the flow of discourse.

If the utopian ideal of the library was to bring together everything that we
know of the world then the length of its bookshelves was coterminous with the
breadth of the world. But like its predecessors in Alexandria and Babel the
project is destined to be incomplete haunted by what it necessarily leaves out
and misses. The library as heterotopia reveals itself only through the
interstices and lays bare the fiction of any possibility of a coherent ground
on which a knowledge project can be built. Finally there is the question of
where we stand once the grounds that we stand on itself has been dislodged.
The answer from my first foray into the tiny six by eight foot Mecca store to
the innumerable hours spent on [ library.nu]( library.nu) remains the same:
the heterotopic pleasure of our finite selves in infinity.

×

This essay is a part of a work I am doing for an exhibition curated by Raqs
Media Collective, Sarai Reader 09. The show began on August 19, 2012, with a
deceptively empty space containing only the proposal, with ideas for the
artworks to come over a period of nine months. See
.

**Lawrence Liang** is a researcher and writer based at the Alternative Law
Forum, Bangalore. His work lies at the intersection of law and cultural
politics, and has in recent years been looking at question of media piracy. He
is currently finish a book on law and justice in Hindi cinema.

© 2012 e-flux and the author

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ok.gif,300) ](/ads/redirect/271922)

Journal # 37

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Shadow Libraries

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Notes - Shadow Libraries

1

Esther Shipman and Sascha Hastings eds., _Logotopia: The Library in
Architecture Art and the Imagination,_ (Cambridge Galleries: Abc Art Books
Canada, 2008).

Go to Text

2

Alberto Manguel, “My Library” in Hastings and Shipman eds. _Logotopia, The
Library in Art and Architecture and the Imagination, (Cambridge Galleries: ABC
Art Books Canada, 2008)._

Go to Text

3

Alberto Manguel, _The Library at Night_ , (Yale University Press 2009).

Go to Text

4

Ray Hastings and Esther Shipman, eds. _Logotopia: The Library in Architecture
Art and the Imagination_. Cambridge Galleries / ABC Art Books Canada, 2008.

Go to Text

5

Jacques Rancière, _The Nights of Labour: The Workers’ Dream in Nineteenth
Century France,_ (Philadelphia: Temple University Press, 1991).

Go to Text

6

Michel Foucault, “Different Spaces,” in _Aesthetics, Method, Epistemology_ ,
ed. James D. Faubion (New York: The New Press, 1998), 179; For Foucault on
language and heterotopias see _The Order of Things: An Archaeology of the
Human Sciences,_ (New York: Pantheon, 1970).

Go to Text

7

Ibid, xv.

Go to Text

8

In Foucault, “Different Spaces,” which was presented as a lecture to the
_Architecture Studies Circle_ in 1967, a few years after the writing of _The
Order of Things_.

Go to Text

Esther Shipman and Sascha Hastings eds., _Logotopia: The Library in
Architecture Art and the Imagination,_ (Cambridge Galleries: Abc Art Books
Canada, 2008).

Alberto Manguel, “My Library” in Hastings and Shipman eds. _Logotopia, The
Library in Art and Architecture and the Imagination, (Cambridge Galleries: ABC
Art Books Canada, 2008)._

Alberto Manguel, _The Library at Night_ , (Yale University Press 2009).

Ray Hastings and Esther Shipman, eds. _Logotopia: The Library in Architecture
Art and the Imagination_. Cambridge Galleries / ABC Art Books Canada, 2008.

Jacques Rancière, _The Nights of Labour: The Workers’ Dream in Nineteenth
Century France,_ (Philadelphia: Temple University Press, 1991).

Michel Foucault, “Different Spaces,” in _Aesthetics, Method, Epistemology_ ,
ed. James D. Faubion (New York: The New Press, 1998), 179; For Foucault on
language and heterotopias see _The Order of Things: An Archaeology of the
Human Sciences,_ (New York: Pantheon, 1970).

Ibid, xv.

In Foucault, “Different Spaces,” which was presented as a lecture to the
_Architecture Studies Circle_ in 1967, a few years after the writing of _The
Order of Things_.


Adema
Scanners, collectors and aggregators. On the underground movement of (pirated) theory text sharing
2009


# Scanners, collectors and aggregators. On the ‘underground movement’ of
(pirated) theory text sharing

_“But as I say, let’s play a game of science fiction and imagine for a moment:
what would it be like if it were possible to have an academic equivalent to
the peer-to-peer file sharing practices associated with Napster, eMule, and
BitTorrent, something dealing with written texts rather than music? What would
the consequences be for the way in which scholarly research is conceived,
communicated, acquired, exchanged, practiced, and understood?”_

Gary Hall – [Digitize this
book!](http://www.upress.umn.edu/Books/H/hall_digitize.html) (2008)

![ubuweb](https://openreflections.files.wordpress.com/2009/09/ubuweb.jpg?w=547)Ubu
web was founded in 1996 by poet [Kenneth
Goldsmith](http://en.wikipedia.org/wiki/Kenneth_Goldsmith "Kenneth Goldsmith")
and has developed from ‘a repository for visual, concrete and (later) sound
poetry, to a site that ‘embraced all forms of the avant-garde and beyond. Its
parameters continue to expand in all directions.’ As
[Wikipedia](http://en.wikipedia.org/wiki/UbuWeb) states, Ubu is non-commercial
and operates on a gift economy. All the same - by forming an amazing resource
and repository for the avant-garde movement, and by offering and hosting these
works on its platform, Ubu is violating copyright laws. As they state however:
‘ _should something return to print, we will remove it from our site
immediately. Also, should an artist find their material posted on UbuWeb
without permission and wants it removed, please let us know. However, most of
the time, we find artists are thrilled to find their work cared for and
displayed in a sympathetic context. As always, we welcome more work from
existing artists on site_.’

Where in the more affluent and popular media realms of block buster movies and
pop music the [Piratebay](http://thepiratebay.org/) and other download sites
(or p2p networks) like [Mininova](http://www.mininova.org/) are being sued and
charged with copyright infringement, the major powers to be seem to turn a
blind eye when it comes to Ubu and many other resource sites online that offer
digital versions of hard-to-get-by materials ranging from books to
documentaries.

This is and has not always been the case: in 2002 [Sebastian
Lütgert](http://www.wizards-of-
os.org/archiv/wos_3/sprecher/l_p/sebastian_luetgert.html) from Berlin/New York
was sued by the "Hamburger Stiftung zur Förderung von Wissenschaft und Kultur"
for putting online two downloadable texts from Theodor W. Adorno on his
website [textz.com](http://www.medienkunstnetz.de/artist/textz-
com/biography/), an underground archive for Literature. According to
[this](http://de.indymedia.org/2004/03/76975.shtml) Indymedia interview with
Lütgert, textz.com was referred to as ‘the Napster for books’ offering about
700 titles, focusing on, as Lütgert states _‘Theorie, Romane, Science-Fiction,
Situationisten, Kino, Franzosen, Douglas Adams, Kritische Theorie, Netzkritik
usw’._

The interview becomes even more interesting when Lütgert remarks that one can
still easily download both Adorno texts without much ado if one wants to. This
leads to the bigger question of the real reasons underlying the charge against
textz.com; why was textz.com sued? As Lütgert says in the interview: “ _Das
kann man sowieso_ [when referring to the still available Adorno texts] _._
_Aber es gibt schon lange einen klaren Unterschied zwischen offener
Verfügbarkeit und dem Untergrund. Man kann die freie Verbreitung von Inhalten
nicht unterbinden, aber man scheint verhindern zu wollen dass dies allzu offen
und selbstverständlich geschieht. Das ist es was sie stört.”
_

_![I don't have any
secrets](https://openreflections.files.wordpress.com/2009/09/i-dont-have-any-
secrets.jpg?w=547)_

But how can something be truly underground in an online environment whilst
still trying to spread or disseminate texts as widely as possible? This seems
to be the paradox of many - not quite legal and/or copyright protected -
resource sharing and collecting communities and platforms nowadays. However,
multiple scenario’s are available to evade this dilemma: by being frankly open
about the ‘status’ of the content on offer, as Ubu does, or by using little
‘tricks’ like an easy website registration, classifying oneself as a reading
group, or by relieving oneself from responsibility by stating that one is only
aggregating sources from elsewhere (linking) and not hosting the content on
its own website or blog. One can also state the offered texts or multimedia
files form a special issue or collection of resources, emphasizing their
educational and not-for-profit value.

Most of the ‘underground’ text and content sharing communities seem to follow
the concept of (the inevitability of) ‘[information wants to be
free](https://openreflections.wordpress.com/tag/information-wants-to-be-
free/)’, especially on the Internet. As Lütgert States: “ _Und vor allem sind
die über Walter Benjamin nicht im Bilde, der das gleiche Problem der
Reproduzierbarkeit von Werken aller Art schon zu Beginn des letzten
Jahrhunderts vor sich hatte und erkannt hat: die Massen haben das Recht, sich
das alles wieder anzueignen. Sie haben das Recht zu kopieren, und das Recht,
kopiert zu werden. Jedenfalls ist das eine ganz schön ungemütliche Situation,
dass dessen Nachlass jetzt von solch einem Bürokraten verwaltet wird._ _A:
Glaubst Du es ist überhaupt legitim intellektuellen Inhalt zu "besitzen"? Oder
__Eigentümer davon zu sein?_ _S: Es ist *unmöglich*. "Geistiges" Irgendwas
verbreitet sich immer weiter. Reemtsmas Vorfahren wären nie von den Bäumen
runtergekommen oder aus dem Morast rausgekrochen, wenn sich "geistiges"
Irgendwas nicht verbreitet hätte.”_

![646px-
Book_scanner_svg.jpg](https://openreflections.files.wordpress.com/2009/09
/646px-book_scanner_svg-jpg1.png?w=547)

What seems to be increasingly obvious, as the interview also states, is that
one can find virtually all Ebooks and texts one needs via p2p networks and
other file sharing community’s (the true
[Darknet](http://en.wikipedia.org/wiki/Darknet_\(file_sharing\)) in a way) –
more and more people are offering (and asking for!) selections of texts and
books (including the ones by Adorno) on openly available websites and blogs,
or they are scanning them and offering them for (educational) use on their
domains. Although the Internet is mostly known for the pirating and
dissemination of pirated movies and music, copyright protected textual content
has (of course) always been spread too. But with the rise of ‘born digital’
text content, and with the help of massive digitization efforts like Google
Books (and accompanying Google Books [download
tools](http://www.codeplex.com/GoogleBookDownloader)) accompanied by the
appearance of better (and cheaper) scanning equipment, the movement of
‘openly’ spreading (pirated) texts (whether or not focusing on education and
‘fair use’) seems to be growing fast.

The direct harm (to both the producers and their publishers) of the free
online availability of (in copyright) texts is also maybe less clear than for
instance with music and films. Many feel texts and books will still be
preferred to be read in print, making the online and free availability of text
nothing more than a marketing tool for the sales of the printed version. Once
discovered, those truly interested will find and buy the print book. Also more
than with music and film, it is felt essential to share information, as a
cultural good and right, to prevent censorship and to improve society.

![Piracy by Mikel Casal](https://openreflections.files.wordpress.com/2009/09
/piracy-by-mikel-casal.jpg?w=432&h=312)

This is one of the reasons the [Open
Access](http://en.wikipedia.org/wiki/Open_access_\(publishing\)) movement for
scientific research has been initiated. But where the amount of people and
institutions supportive of this movement is gradually growing (especially
where it concerns articles and journals in the Sciences), the spread
concerning Open Access (or even digital availability) of monographs in the
Humanities and Social Sciences (of which the majority of the resources on
offer in the underground text sharing communities consists) has only just
started.

This has lead to a situation in which some have decided that change is not
coming fast enough. Instead of waiting for this utopian Open Access future to
come gradually about, they are actively spreading, copying, scanning and
pirating scholarly texts/monographs online. Although many times accompanied by
lengthy disclaimers about why they are violating copyright (to make the
content more widely accessible for one), many state they will take down the
content if asked. Following the
[copyleft](http://en.wikipedia.org/wiki/Copyleft) movement, what has in a way
thus arisen is a more ‘progressive’ or radical branch of the Open Access
movement. The people who spread these texts deem it inevitable they will be
online eventually, they are just speeding up the process. As Lütgert states: ‘
_The desire of an increasingly larger section of the population to 100-percent
of information is irreversible. The only way there can be slowed down in the
worst case, but not be stopped._

![scribd-logo](https://openreflections.files.wordpress.com/2009/09/scribd-
logo.jpg?w=547)

Still we have not yet answered the question of why publishers (and their
pirated authors) are not more upset about these kinds of websites and
platforms. It is not a simple question of them not being aware that these kind
of textual disseminations are occurring. As mentioned before, the harm to
producers (scholars) and their publishers (in Humanities and Social Sciences
mainly Not-For-Profit University Presses) is less clear. First of all, their
main customers are libraries (compare this to the software business model:
free for the consumer, companies pay), who are still buying the legal content
and mostly follow the policy of buying either print or both print and ebook,
so there are no lost sales there for the publishers. Next to that it is not
certain that the piracy is harming sales. Unlike in literary publishing, the
authors (academics) are already paid and do not loose money (very little maybe
in royalties) from the online availability. Perhaps some publishers also see
the Open Access movement as something inevitably growing and they thus don’t
see the urge to step up or organize a collaborative effort against scholarly
text piracy (where most of the presses also lack the scale to initiate this).
Whereas there has been some more upsurge and worries about _[textbook
piracy](http://bookseller-association.blogspot.com/2008/07/textbook-
piracy.html)_ (since this is of course the area where individual consumers –
students – do directly buy the material) and websites like
[Scribd](http://www.scribd.com/), this mostly has to do with the fact that
these kind of platforms also host non-scholarly content and actively promote
the uploading of texts (where many of the text ‘sharing’ platforms merely
offer downloading facilities). In the case of Scribd the size of the platform
(or the amount of content available on the platform) also has caused concerns
and much [media coverage](http://labnol.blogspot.com/2007/04/scribd-youtube-
for-pirated-ebooks-but.html).

All of this gives a lot of potential power to text sharing communities, and I
guess they know this. Only authors might be directly upset (especially famous
ones gathering a lot of royalties on their work) or in the case of Lütgert,
their beneficiaries, who still do see a lot of money coming directly from
individual customers.

Still, it is not only the lack of fear of possible retaliations that is
feeding the upsurge of text sharing communities. There is a strong ideological
commitment to the inherent good of these developments, and a moral and
political strive towards institutional and societal change when it comes to
knowledge production and dissemination.

![Information Libre](https://openreflections.files.wordpress.com/2009/09
/information-libre.jpg?w=547)As Adrian Johns states in his
[article](http://www.culturemachine.net/index.php/cm/article/view/345/348)
_Piracy as a business force_ , ‘today’s pirate philosophy is a moral
philosophy through and through’. As Jonas Andersson
[states](http://www.culturemachine.net/index.php/cm/article/view/346/359), the
idea of piracy has mostly lost its negative connotations in these communities
and is seen as a positive development, where these movements ‘have begun to
appear less as a reactive force (i.e. ‘breaking the rules’) and more as a
proactive one (‘setting the rules’). Rather than complain about the
conservatism of established forms of distribution they simply create new,
alternative ones.’ Although Andersson states this kind of activism is mostly
_occasional_ , it can be seen expressed clearly in the texts accompanying the
text sharing sites and blogs. However, copyright is perhaps so much _an issue_
on most of these sites (where it is on some of them), as it is something that
seems to be simply ignored for the larger good of aggregating and sharing
resources on the web. As is stated clearly for instance in an
[interview](http://blog.sfmoma.org/2009/08/four-dialogues-2-on-aaaarg/) with
Sean Dockray, who maintains AAAARG:

_" The project wasn’t about criticizing institutions, copyright, authority,
and so on. It was simply about sharing knowledge. This wasn’t as general as it
sounds; I mean literally the sharing of knowledge between various individuals
and groups that I was in correspondence with at the time but who weren’t
necessarily in correspondence with each other."_

Back to Lütgert. The files from textz.com have been saved and are still
[accessible](http://web.archive.org/web/20031208043421/textz.gnutenberg.net/index.php3?enhanced_version=http://textz.com/index.php3)
via [The Internet Archive Wayback
Machine](http://web.archive.org/collections/web.html). In the case of
textz.com, these files contain ’typed out text’, so no scanned contents or
PDF’s. Textz.com (or better said its shadow or mirror) offers an amazing
collection of texts, including artists statements/manifestos and screenplays
from for instance David Lynch.

The text sharing community has evolved and now knows many players. Two other
large members in this kind of ‘pirate theory base network’ (although – and I
have to make that clear! – they offer many (and even mostly) legal and out of
copyright texts), still active today, are
[Monoskop/Burundi](http://burundi.sk/monoskop/log/) and
[AAAARG.ORG](http://a.aaaarg.org/). These kinds of platforms all seem to
disseminate (often even on a titular level) similar content, focusing mostly
on Continental Philosophy and Critical Theory, Cultural Studies and Literary
Theory, The Frankfurter Schule, Sociology/Social Theory, Psychology,
Anthropology and Ethnography, Media Art and Studies, Music Theory, and
critical and avant-garde writers like Kafka, Beckett, Burroughs, Joyce,
Baudrillard, etc.etc.

[Monoskop](http://www.burundi.sk/monoskop/index.php/Main_Page) is, as they
state, a collaborative wiki research on the social history of media art or a
‘living archive of writings on art, culture and media technology’. At the
sitemap of their log, or under the categories section, you can browse their
resources on genre: book, journal, e-zine, report, pamphlet etc. As I found
[here](http://www.slovakia.culturalprofiles.net/?id=7958), Burundi originated
in 2003 as a (Slovakian) media lab working between the arts, science and
technologies, which spread out to a European city based cultural network; They
even functioned as a press, publishing the Anthology of New Media Literature
(in Slovak) in 2006, and they hosted media events and curated festivals. It
dissolved in June 2005 although the
[Monoskop](http://www.slovakia.culturalprofiles.net/?id=7964) research wiki on
media art, has continued to run since the dissolving of Burundi.

![AAAARG](https://openreflections.files.wordpress.com/2009/09/aaaarg.jpg?w=547)As
is stated on their website, AAAARG is a conversation platform, or
alternatively, a school, reading group or journal, maintained by Los Angeles
artist[ Sean Dockray](http://www.design.ucla.edu/people/faculty.php?ID=64
"Sean Dockray"). In the true spirit of Critical Theory, its aim is to ‘develop
critical discourse outside of an institutional framework’. Or even more
beautiful said, it operates in the spaces in between: ‘ _But rather than
thinking of it like a new building, imagine scaffolding that attaches onto
existing buildings and creates new architectures between them_.’ To be able to
access the texts and resources that are being ‘discussed’ at AAAARG, you need
to register, after which you will be able to browse the
[library](http://a.aaaarg.org/library). From this library, you can download
resources, but you can also upload content. You can subscribe to their
[feed](http://aaaarg.org/feed) (RSS/XML) and [like
Monoskop](http://twitter.com/monoskop), AAAARG.org also maintains a [Twitter
account](http://twitter.com/aaaarg) on which updates are posted. The most
interesting part though is the ‘extra’ functions the platform offers: after
you have made an account, you can make your own collections, aggregations or
issues out of the texts in the library or the texts you add. This offers an
alternative (thematically ordered) way into the texts archived on the site.
You also have the possibility to make comments or start a discussion on the
texts. See for instance their elaborate [discussion
lists](http://a.aaaarg.org/discussions). The AAAARG community thus serves both
as a sharing and feedback community and in this way operates in a true p2p
fashion, in a way like p2p seemed originally intended. The difference being
that AAAARG is not based on a distributed network of computers, but is based
on one platform, to which registered users are able to upload a file (which is
not the case on Monoskop for instance – only downloading here).

Via[
mercurunionhall](http://mercerunionhall.blogspot.com/2009/06/aaaargorg.html),
I found the image underneath which depicts AAAARG.ORG's article index
organized as a visual map, showing the connections between the different
texts. This map was created and posted by AAAARG user john, according to
mercurunionhall.

![Connections-v1 by
John](https://openreflections.files.wordpress.com/2009/09/connections-v1-by-
john.jpg?w=547)

Where AAAArg.org focuses again on the text itself - typed out versions of
books - Monoskop works with more modern versions of textual distribution:
scanned versions or full ebooks/pdf’s with all the possibilities they offer,
taking a lot of content from Google books or (Open Access) publishers’
websites. Monoskop also links back to the publishers’ websites or Google
Books, for information about the books or texts (which again proves that the
publishers should know about their activities). To download the text however,
Monoskop links to [Sharebee](http://www.sharebee.com/), keeping the actual
text and the real downloading activity away from its platform.

Another part of the text sharing content consists of platforms offering
documentaries and lectures (so multi-media content) online. One example of the
last is the [Discourse Notebook Archive](http://www.discoursenotebook.com/),
which describes itself as an effort which has as its main goal ‘to make
available lectures in contemporary continental philosophy’ and is maintained
by Todd Kesselman, a PhD Student at The New School for Social Research. Here
you can find lectures from Badiou, Kristeva and Zizek (both audio and video)
and lectures aggregated from the European Graduate School. Kesselman also
links to resources on the web dealing with contemporary continental
philosophy.

![Eule - Society of
Control](https://openreflections.files.wordpress.com/2009/09/eule-society-of-
control.gif?w=547)Society of Control is a website maintained by [Stephan
Dillemuth](http://www.kopenhagen.dk/fileadmin/oldsite/interviews/solmennesker.htm),
an artist living and working in Munich, Germany, offering amongst others an
overview of his work and scientific research. According to
[this](http://www2.khib.no/~hovedfag/akademiet_05/tekster/interview.html)
interview conducted by Kristian Ø Dahl and Marit Flåtter his work is a
response to the increased influence of the neo-liberal world order on
education, creating a culture industry that is more than often driven by
commercial interests. He asks the question ‘How can dissidence grow in the
blind spots of the ‘society of control’ and articulate itself?’ His website,
the [Society of Control](http://www.societyofcontrol.com/disclaimer1.htm) is,
as he states, ‘an independent organization whose profits are entirely devoted
to research into truth and meaning.’

Society of Control has a [library
section](http://www.societyofcontrol.com/library/) which contains works from
some of the biggest thinkers of the twentieth century: Baudrillard, Adorno,
Debord, Bourdieu, Deleuze, Habermas, Sloterdijk und so weiter, and so much
more, a lot in German, and all ‘typed out’ texts. The library section offers a
direct search function, a category function and a a-z browse function.
Dillemuth states that he offers this material under fair use, focusing on not
for profit, freedom of information and the maintenance of freedom of speech
and information and making information accessible to all:

_“The Societyofcontrol website site contains information gathered from many
different sources. We see the internet as public domain necessary for the free
flow and exchange of information. However, some of these materials contained
in this site maybe claimed to be copyrighted by various unknown persons. They
will be removed at the copyright holder 's request within a reasonable period
of time upon receipt of such a request at the email address below. It is not
the intent of the Societyofcontrol to have violated or infringed upon any
copyrights.”_

![Vilem Flusser, Andreas Strohl, Erik Eisel Writings
\(2002\)](https://openreflections.files.wordpress.com/2009/09/vilem-flusser-
andreas-strohl-erik-eisel-writings-2002.jpg?w=547)Important in this respect is
that he put the responsibility of reading/using/downloading the texts on his
site with the viewers, and not with himself: _“Anyone reading or looking at
copyright material from this site does so at his/her own peril, we disclaim
any participation or liability in such actions.”_

Fark Yaraları = [Scars of Différance](http://farkyaralari.blogspot.com/) and
[Multitude of blogs](http://multitudeofblogs.blogspot.com/) are maintained by
the same author, Renc-u-ana, a philosophy and sociology student from Istanbul.
The first is his personal blog (with also many links to downloadable texts),
focusing on ‘creating an e-library for a Heideggerian philosophy and
Bourdieuan sociology’ on which he writes ‘market-created inequalities must be
overthrown in order to close knowledge gap.’ The second site has a clear
aggregating function with the aim ‘to give united feedback for e-book
publishing sites so that tracing and finding may become easier.’ And a call
for similar blogs or websites offering free ebook content. The blog is
accompanied by a nice picture of a woman warning to keep quiet, very
paradoxically appropriate to the context. Here again, a statement from the
host on possible copyright infringement _: ‘None of the PDFs are my own
productions. I 've collected them from web (e-mule, avax, libreremo, socialist
bros, cross-x, gigapedia..) What I did was thematizing._’ The same goes for
[pdflibrary](http://pdflibrary.wordpress.com/) (which seems to be from the
same author), offering texts from Derrida, Benjamin, Deleuze and the likes:
_‘_ _None of the PDFs you find here are productions of this blog. They are
collected from different places in the web (e-mule, avax, libreremo, all
socialist bros, cross-x, …). The only work done here is thematizing and
tagging.’_

[![GRUP_Z~1](https://openreflections.files.wordpress.com/2009/09/grup_z11.jpg?w=547)](http://multitudeofblogs.blogspot.com/)Our
student from Istanbul lists many text sharing sites on Multitude of blogs,
including [Inishark](http://danetch.blogspot.com/) (amongst others Badiou,
Zizek and Derrida), [Revelation](http://revelation-online.blogspot.com/2009/02
/keeping-ten-commandments.html) (a lot of history and bible study), [Museum of
accidents](http://museumofaccidents.blogspot.com/) (many resources relating to
again, critical theory, political theory and continental philhosophy) and
[Makeworlds](http://makeworlds.net/) (initiated from the [make world
festival](http://www.makeworlds.org/1/index.html) 2001).
[Mariborchan](http://mariborchan.wordpress.com/) is mainly a Zizek resource
site (also Badiou and Lacan) and offers next to ebooks also video and audio
(lectures and documentaries) and text files, all via links to file sharing
platforms.

What is clear is that the text sharing network described above (I am sure
there are many more related to other fields and subjects) is also formed and
maintained by the fact that the blogs and resource sites link to each other in
their blog rolls, which is what in the end makes up the network of text
sharing, only enhanced by RSS feeds and Twitter accounts, holding together
direct communication streams with the rest of the community. That there has
not been one major platform or aggregation site linking them together and
uploading all the texts is logical if we take into account the text sharing
history described before and this can thus be seen as a clear tactic: it is
fear, fear for what happened to textz.com and fear for the issue of scale and
fear of no longer operating at the borders, on the outside or at the fringes.
Because a larger scale means they might really get noticed. The idea of
secrecy and exclusivity which makes for the idea of the underground is very
practically combined with the idea that in this way the texts are available in
a multitude of places and can thus not be withdrawn or disappear so easily.

This is the paradox of the underground: staying small means not being noticed
(widely), but will mean being able to exist for probably an extended period of
time. Becoming (too) big will mean reaching more people and spreading the
texts further into society, however it will also probably mean being noticed
as a treat, as a ‘network of text-piracy’. The true strategy is to retain this
balance of openly dispersed subversivity.

Update 25 November 2005: Another interesting resource site came to my
attention recently: [Bedeutung](http://http://www.bedeutung.co.uk/index.php),
a philosophical and artistic initiative consisting of three projects:
[Bedeutung
Magazine](http://www.bedeutung.co.uk/index.php?option=com_content&view=article&id=1&Itemid=3),
[Bedeutung
Collective](http://www.bedeutung.co.uk/index.php?option=com_content&view=article&id=67&Itemid=4)
and [Bedeutung Blog](http://bedeutung.wordpress.com/), hosts a
[library](http://www.bedeutung.co.uk/index.php?option=com_content&view=article&id=85&Itemid=45)
section which links to freely downloadable online e-books, articles, audio
recordings and videos.

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### _Related_

### 17 comments on " Scanners, collectors and aggregators. On the
‘underground movement’ of (pirated) theory text sharing"

1. Pingback: [Humanism at the fringe « Snarkmarket](http://snarkmarket.com/2009/3428)

2. Pingback: [Scanners, collectors and aggregators. On the 'underground movement' of (pirated) theory text sharing « Mariborchan](http://mariborchan.wordpress.com/2009/09/20/scanners-collectors-and-aggregators-on-the-underground-movement-of-pirated-theory-text-sharing/)

3. Mariborchan

September 20, 2009

![](https://2.gravatar.com/avatar/b8eea582f7e9ac0a622e3dacecad5835?s=55&d=&r=G)

I took the liberty to pirate this article.

4. [jannekeadema1979](http://www.openreflections.wordpress.com)

September 20, 2009

![](https://2.gravatar.com/avatar/e4898febe4230b412db7f7909bcb9fc9?s=55&d=&r=G)

Thanks, it's all about the sharing! Hope you liked it.

5. Pingback: [links for 2009-09-20 « Blarney Fellow](http://blarneyfellow.wordpress.com/2009/09/21/links-for-2009-09-20/)

6. [scars of différance](http://farkyaralari.blogspot.com)

September 30, 2009

![](https://1.gravatar.com/avatar/7b10f9b53e5fe3d284857da59fe8919c?s=55&d=&r=G)

hi there, I'm the owner of the Scars of Différance blog, I'm grateful for your
reading which nurtures self-reflexivity.

text-sharers phylum is a Tardean phenomena, it works through imitation and
differences differentiate styles and archives. my question was inherited from
aby warburg who is perhaps the first kantian librarian (not books, but the
nomenclatura of books must be thought!), I shape up a library where books
speak to each other, each time fragmentary.

you are right about the "fear", that's why I don't reupload books that are
deleted from mediafire. blog is one of the ways, for ex there are e-mail
groups where chain-sharings happen and there are forums where people ask each
other from different parts of the world, to scan a book that can't be found in
their library/country. I understand publishers' qualms (I also work in a
turkish publishing house and make translations). but they miss a point, it was
the very movement which made book a medium that de-posits "book" (in the
Blanchotian sense): these blogs do indeed a very important service, they save
books from the databanks. I'm not going to make a easy rider argument and
decry technology.what I mean is this: these books are the very bricks which
make up resistance -they are not compost-, it is a sharing "partage" and these
fragmentary impartations (the act in which 'we' emancipate books from the
proper names they bear: author, editor, publisher, queen,…) make words blare.
our work: to disenfranchise.

to get larger, to expand: these are too ambitious terms, one must learn to
stay small, remain finite. a blog can not supplant the non-place of the
friendships we make up around books.

the epigraph at the top of my blog reads: "what/who exorbitates mutates into
its opposite" from a Turkish poet Cahit Zarifoğlu. and this logic is what
generates the slithering of the word. we must save books from its own ends.

thanks again, best.

p.s. I'm not the owner of pdf library.

7. Bedeutung

November 24, 2009

![](https://0.gravatar.com/avatar/665e8f5cb5d701f1c7e310b9b6fef277?s=55&d=&r=G)

Here, an article that might interest:

sharing-free-piracy>

8. [jannekeadema1979](http://www.openreflections.wordpress.com)

November 24, 2009

![](https://2.gravatar.com/avatar/e4898febe4230b412db7f7909bcb9fc9?s=55&d=&r=G)

Thanks for the link, good article, agree with the contents, especially like
the part 'Could, for instance, the considerable resources that might be
allocated to protecting, policing and, ultimately, sanctioning online file-
sharing not be used for rendering it less financially damaging for the
creative sector?'
I like this kind of pragmatic reasoning, and I know more people do.
By the way, checked Bedeutung, great journal, and love your
[library](http://www.bedeutung.co.uk/index.php?option=com_content&view=article&id=86&Itemid=46)
section! Will add it to the main article.

9. Pingback: [Borderland › Critical Readings](http://borderland.northernattitude.org/2010/01/07/critical-readings/)

10. Pingback: [Mariborchan » Scanners, collectors and aggregators. On the 'underground movement' of (pirated) theory text sharing](http://mariborchan.com/scanners-collectors-and-aggregators-on-the-underground-movement-of-pirated-theory-text-sharing/)

11. Pingback: [Urgh! AAAARG dead? « transversalinflections](http://transversalinflections.wordpress.com/2010/05/29/urgh-aaaarg-dead/)

12. [nick knouf](http://turbulence.org/Works/JJPS)

June 18, 2010

![](https://0.gravatar.com/avatar/9908205c0ec5ecb5f27266e7cb7bff13?s=55&d=&r=G)

This is Nick, the author of the JJPS project; thanks for the tweet! I actually
came across this blog post while doing background research for the project and
looking for discussions about AAAARG; found out about a lot of projects that I
didn't already know about. One thing that I haven't been able to articulate
very well is that I think there's an interesting relationship between, say,
Kenneth Goldsmith's own poetry and his founding of Ubu Web; a collation and
reconfiguration of the detritus of culture (forgotten works of the avant-
gardes locked up behind pay walls of their own, or daily minutiae destined to
be forgotten), which is something that I was trying to do, in a more
circumscribed space, in JJPS Radio. But the question of distribution of
digital works is something I find fascinating, as there are all sorts of
avenues that we could be investigating but we are not. The issue, as it often
is, is one of technical ability, and that's why one of the future directions
of JJPS is to make some of the techniques I used easier to use. Those who want
to can always look into the code, which is of course freely available, but
that cannot and should not be a prerequisite.

13. [jannekeadema1979](http://www.openreflections.wordpress.com)

June 18, 2010

![](https://2.gravatar.com/avatar/e4898febe4230b412db7f7909bcb9fc9?s=55&d=&r=G)

Hi Nick, thanks for your comment. I love the JJPS and it would be great if the
technology you mention would be easily re-usable. What I find fascinating is
how you use another medium (radio) to translate/re-mediate and in a way also
unlock textual material. I see you also have an Open Access and a Cut-up hour.
I am very much interested in using different media to communicate scholarly
research and even more in remixing and re-mediating textual scholarship. I
think your project(s) is a very valuable exploration of these themes while at
the same time being a (performative) critique of the current system. I am in
awe.

14. Pingback: [Text-sharing "in the paradise of too many books" – SLOTHROP](http://slothrop.com/2012/11/16/text-sharing-in-the-paradise-of-too-many-books/)

15. [Jason Kennedy](http://www.facebook.com/903035234)

May 6, 2015

![](https://i2.wp.com/graph.facebook.com/v2.2/903035234/picture?q=type%3Dlarge%26_md5%3Da95c382cfe878c70aaad88831f511711&resize=55%2C55)

Some obvious fails suggest major knowledge gaps regarding sourcing texts
online (outside of legal channels).

And featuring Scribd doesn't help.

Q: What's the largest pirate book site on the net, with an inventory almost as
large as Amazon?

And it's not L_____ G_____

16. [Janneke Adema](http://www.openreflections.wordpress.com)

May 6, 2015

![](https://2.gravatar.com/avatar/e4898febe4230b412db7f7909bcb9fc9?s=55&d=&r=G)

Do enlighten us Jason… And might I remind you that this post was written in
2009?

17. Mike Andrews

May 7, 2015

![](https://0.gravatar.com/avatar/c255ce6922fbb867a2ee635beb85bd71?s=55&d=&r=G)

Interesting topic, but also odd in some respects. Not translating the German
quotes is very unthoughtful and maybe even arrogant. If you are interested in
open access accessibility needs to be your top priority. I can read German,
but many of my friends (and most of the world) can't. It take a little effort
to just fix this, but you can do it.


 

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