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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Mars, Medak & Sekulic
Taken Literally
2016
Taken literally
Marcell Mars
Tomislav Medak
Dubravka Sekulic
Free people united in building a society of
equals, embracing those whom previous
efforts have failed to recognize, are the historical foundation of the struggle against
enslavement, exploitation, discrimination
and cynicism. Building a society has never
been an easy-going pastime.
During the turbulent 20th century,
different trajectories of social transformation moved within the horizon set by
the revolutions of the 18th and 19th century: equality, brotherhood and liberty
– and class struggle. The 20th century experimented with various combinations
of economic and social rationales in the
arrangement of social reproduction. The
processes of struggle, negotiation, empowerment and inclusion of discriminated social groups constantly complexified and
dynamised the basic concepts regulating
social relations. However, after the process
of intensive socialisation in the form of either welfare state or socialism that dominated a good part of the 20th century, the
end of the century was marked by a return
in the regulation of social relations back
to the model of market domination and
private appropriation. Such simplification
and fall from complexity into a formulaic
state of affairs is not merely a symptom
of overall exhaustion, loss of imagination
and lacking perspective on further social
development, but rather indicates a cynical
abandonment of the effort to build society,
its idea, its vision – and, as some would
want, of society altogether.
In this article, we wish to revisit the
evolution of regulation of ownership in the
field of intellectual production and housing
as two examples of the historical dead-end
in which we find ourselves.
T H E C A P I TA L I S T M O D E
O F P RO D U C T I O N
According to the text-book definition, the
capitalist mode of production is the first
historical organisation of socio-economic relations in which appropriation of the
surplus from producers does not depend
on force, but rather on neutral laws of economic processes on the basis of which the
capitalist and the worker enter voluntarily
into a relation of production. While under
feudalism it was the aristocratic oligopoly
on violence that secured a hereditary hierarchy of appropriation, under capitalism the
neutral logic of appropriation was secured
by the state monopoly on violence. However, given that the early capitalist relations
in the English country-side did not emerge
outside the existing feudal inequalities, and
that the process of generalisation of capitalist relations, particularly after the rise of industrialisation, resulted in even greater and
even more hardened stratification, the state
monopoly on violence securing the neutral
logic of appropriation ended up mostly securing the hereditary hierarchy of appropriation. Although in the new social formation
neither the capitalist nor the worker was born
capitalist or born worker, the capitalist would
rarely become a worker and the worker a capitalist even rarer. However, under conditions
where the state monopoly on violence could
no longer coerce workers to voluntarily sell
their labour and where their resistance to
accept existing class relations could be
229
expressed in the withdrawal of their labour
power from the production process, their
consent would become a problem for the existing social model. That problem found its
resolution through a series of conflicts that
have resulted in historical concessions and
gains of class struggle ranging from guaranteed labor rights, through institutions of the
welfare state, to socialism.
The fundamental property relation
in the capitalist mode of production is that
the worker has an exclusive ownership over
his/her own labour power, while the capitalist has ownership over the means of production. By purchasing the worker's labour
power, the capitalist obtains the exclusive
right to appropriate the entire product of
worker's labour. However, as the regulation
of property in such unconditional formulaic
form quickly results in deep inequalities, it
could not be maintained beyond the early
days of capitalism. Resulting class struggles
and compromises would achieve a series of
conditions that would successively complexify the property relations.
Therefore, the issue of private property – which goods do we have the right to
call our own to the exclusion of others: our
clothes, the flat in which we live, means of
production, profit from the production process, the beach upon which we wish to enjoy
ourselves alone or to utilise by renting it out,
unused land in our neighbourhood – is not
merely a question of the optimal economic
allocation of goods, but also a question of
social rights and emancipatory opportunities that are required in order secure the
continuous consent of society's members to
its organisational arrangements.
230
Taken literally
OW NER S H I P R EG I M ES
Both the concept of private property over
land and the concept of copyright and
intellectual property have their shared
evolutionary beginnings during the early capitalism in England, at a time when
the newly emerging capitalist class was
building up its position in relation to the
aristocracy and the Church. In both cases, new actors entered into the processes
of political articulation, decision-making
and redistribution of power. However, the
basic process of ( re )defining relations has
remained ( until today ) a spatial demarcation: the question of who is excluded or
remains outside and how.
① In the early period of trade in books, after
the invention of the printing press in the 15th
century, the exclusive rights to commercial
exploitation of written works were obtained
through special permits from the Royal Censors, issued solely to politically loyal printers.
The copyright itself was constituted only in
the 17th century. It's economic function is to
unambiguously establish the ownership title
over the products of intellectual labour. Once
that title is established, there is a person with
whose consent the publisher can proceed in
commodifying and distributing the work to
the exclusion of others from its exploitation.
And while that right to economic benefit was
exclusively that of the publishers at the outset, as authors became increasingl aware that
the income from books guaranteed then an
autonomy from the sponsorship of the King
and the aristocracy, in the 19th century copyright gradually transformed into a legal right
that protected both the author and the publisher in equal measure. The patent rights underwent a similar development. They were
standardised in the 17th century as a precondition for industrial development, and were
soon established as a balance between the
rights of the individual-inventor and the
commercial interest of the manufacturer.
However, the balance of interests between the productive creative individuals
and corporations handling production and
distribution did not last long and, with
time, that balance started to lean further
towards protecting the interests of the corporations. With the growing complexity of
companies and their growing dependence
on intellectual property rights as instruments in 20th century competitive struggles, the economic aspect of intellectual
property increasingly passed to the corporation, while the author/inventor was
left only with the moral and reputational
element. The growing importance of intellectual property rights for the capitalist
economy has been evident over the last
three decades in the regular expansions of
the subject matter and duration of protection, but, most important of all – within
the larger process of integration of the capitalist world-system – in the global harmonisation and enforcement of rights protection. Despite the fact that the interests of
authors and the interests of corporations,
of the global south and the global north, of
the public interest and the corporate interest do not fall together, we are being given
a global and uniform – formulaic – rule of
the abstract logic of ownership, notwithstanding the diverging circumstances and
interests of different societies in the context of uneven development.
No-one is surprised today that, in
spite of their initial promises, the technological advances brought by the Internet,
once saddled with the existing copyright
regulation, did not enhance and expand
access to knowledge. But that dysfunction
is nowhere more evident than in academic publishing. This is a global industry of
the size of music recording industry dominated by an oligopoly of five major commercial publishers: Reed Elsevier, Taylor
& Francis, Springer, Wiley-Blackwell and
Sage. While scientists write their papers,
do peer-reviews and edit journals for free,
these publishers have over past decades
taken advantage of their oligopolistic position to raise the rates of subscriptions they
sell mostly to publicly financed libraries at
academic institutions, so that the majority of libraries, even in the rich centres of
the global north, are unable to afford access to many journals. The fantastic profit
margins of over 30% that these publishers
reap from year to year are premised on denying access to scientific publications and
the latest developments in science not only
to the general public, but also students and
scholars around the world. Although that
oligopoly rests largely on the rights of the
authors, the authors receive no benefit
from that copyright. An even greater irony is, if they want to make their work open
access to others, the authors themselves or
the institutions that have financed the underlying research through the proxy of the
author are obliged to pay additionally to
the publishers for that ‘service’. ×
231
② With proliferation of enclosures and
signposts prohibiting access, picturesque
rural arcadias became landscapes of capitalistic exploitation. Those evicted by the
process of enclosure moved to the cities
and became wage workers. Far away from
the parts of the cities around the factories,
where working families lived squeezed
into one room with no natural light and
ventilation, areas of the city sprang up in
which the capitalists built their mansions.
At that time, the very possibility of participation in political life was conditioned
on private property, thus excluding and
discriminating by legal means entire social
groups. Women had neither the right to
property ownership nor inheritance rights.
Engels' description of the humiliating
living conditions of Manchester workers in
the 19th century pointed to the catastrophic
effects of industrialisation on the situation
of working class ( e.g. lower pay than during
the pre-industrial era ) and indicated that
the housing problem was not a direct consequence of exploitation but rather a problem
arising from inequitable redistribution of
assets. The idea that living quarters for the
workers could be pleasant, healthy and safe
places in which privacy was possible and
that that was not the exclusive right of the
rich, became an integral part of the struggle
for labor rights, and part of the consciousness of progressive, socially-minded architects and all others dedicated to solving the
housing problem.
Just as joining forces was as the
foundation of their struggle for labor and
political rights, joining forces was and has
remained the mechanism for addressing the
232
Taken literally
inadequate housing conditions. As early as
during the 19th century, Dutch working class
and impoverished bourgeoisie joined forces
in forming housing co-operatives and housing societies, squatting and building without permits on the edges of the cities. The
workers' struggle, enlightened bourgeoisie,
continued industrial development, as well
as the phenomenon of Utopian socialist-capitalists like Jean-Baptiste André Godin, who, for example, under the influence
of Charles Fourier's ideas, built a palace for
workers – the Familistery, all these exerted
pressure on the system and contributed to
the improvement of housing conditions for
workers. Still, the dominant model continued to replicate the rentier system in which
even those with inadequate housing found
someone to whom they could rent out a segment of their housing unit.
The general social collapse after
World War I, the Socialist Revolution and
the coming to power in certain European
cities of the social-democrats brought new
urban strategies. In ‘red’ Vienna, initially
under the urban planning leadership of
Otto Neurath, socially just housing policy
and provision of adequate housing was regarded as the city's responsibility. The city
considered the workers who were impoverished by the war and who sought a way out
of their homelessness by building housing
themselves and tilling gardens as a phenomenon that should be integrated, and
not as an error that needed to be rectified.
Sweden throughout the 1930s continued
with its right to housing policy and served
as an example right up until the mid-1970s
both to the socialist and ( capitalist ) wel-
fare states. The idea of ( private ) ownership became complexified with the idea
of social ownership ( in Yugoslavia ) and
public/social housing elsewhere, but since
the bureaucratic-technological system responsible for implementation was almost
exclusively linked with the State, housing
ended up in unwieldy complicated systems
in which there was under-investment in
maintenance. That crisis was exploited as
an excuse to impose as necessary paradigmatic changes that we today regard as the
beginning of neo-liberal policies.
At the beginning of the 1980s in
Great Britain, Margaret Thatcher created an atmosphere of a state of emergency
around the issue of housing ownership
and, with the passing of the Housing Act
in 1980, reform was set in motion that
would deeply transform the lives of the
Brits. The promises of a better life merely
based on the opportunity to buy and become a ( private ) owner never materialised.
The transition from the ‘right to housing’ and the ‘right to ( participation in the
market through ) purchase’ left housing
to the market. There the prices first fell
drastically at the beginning of the 1990s.
That was followed by a financialisation
and speculation on the property market
making housing space in cities like London primarily an avenue of investment, a
currency, a tax haven and a mechanism
by which the rich could store their wealth.
In today's generation, working and lower
classes, even sometimes the upper middle
class can no longer even dream of buying
a flat in London. ×
P L AT F O R M I SAT I O N
Social ownership and housing – understood both literally as living space, but
also as the articulation of the right to decent life for all members of society – which
was already under attack for decades prior,
would be caught completely unprepared
for the information revolution and its
zero marginal cost economy. Take for
example the internet innovation: after a
brief period of comradely couch-surfing,
the company AirBnB in an even shorter period transformed from the service
allowing small enterprising home owners to rent out their vacant rooms into a
catalyst for amassing the ownership over
housing stock with the sole purpose of
renting it out through AirBnb. In the
last phase of that transformation, new
start-ups appeared that offered to the
newly consolidated feudal lords the service of easier management of their housing ‘fleet’, where the innovative approach
boils down to the summoning of service
workers who, just like Uber drivers, seek
out blue dots on their smart-phone maps
desperately rushing – in fear of bad rating,
for a minimal fee and no taxes paid – to
turn up there before their equally precarious competition does. With these innovations, the residents end up being offered
shorter and shorter but increasingly more
expensive contracts on rental, while in a
worse case the flats are left unoccupied
because the rich owner-investors have
realised that an unoccupied flat is a more
profitable deal than a risky investment in
a market in crisis.
233
The information revolution stepped out
onto the historical stage with the promise
of radical democratisation of communication, culture and politics. Anyone could
become the media and address the global
public, emancipate from the constrictive
space of identity, and obtain access to entire
knowledge of the world. However, instead
of resulting in democratising and emancipatory processes, with the handing over of
Internet and technological innovation to the
market in 1990s it resulted in the gradual
disruption of previous social arrangements
in the allocation of goods and in the intensification of the commodification process.
That trajectory reached its full-blown development in the form of Internet platforms
that simultaneously enabled old owners of
goods to control more closely their accessibility and permited new owners to seek out
new forms of commercial exploitation. Take
for example Google Books, where the process of digitization of the entire printed culture of the world resulted in no more than
ad and retail space where only few books
can be accessed for free. Or Amazon Kinde,
where the owner of the platform has such
dramatic control over books that on behest
of copyright holders it can remotely delete
a purchased copy of a book, as quite indicatively happened in 2009 with Orwell's 1984.
The promised technological innovation that
would bring a new turn of the complexity in
the social allocation of goods resulted in a
simplification and reduction of everything
into private property.
The history of resistance to such extreme forms of enclosure of culture and
knowledge is only a bit younger than the
234
Taken literally
processes of commodification themselves
that had begun with the rise of trade in
books. As early as the French Revolution,
the confiscation of books from the libraries
of clergy and aristocracy and their transfer
into national and provincial libraries signalled that the right of access to knowledge
was a pre-condition for full participation
in society. For its part, the British labor
movement of the mid-19th century had to
resort to opening workers' reading-rooms,
projects of proletarian self-education and
the class struggle in order to achieve the
establishment of the institution of public
libraries financed by taxes, and the right
thereby for access to knowledge and culture for all members of society.
SHAD OW P U B L I C L I B R A R I ES
Public library as a space of exemption from
commodification of knowledge and culture
is an institution that complexifies the unconditional and formulaic application of
intellectual property rights, making them
conditional on the public interest that all
members of the society have the right of
access to knowledge. However, with the
transition to the digital, public libraries
have been radically limited in acquiring
anything they could later provide a decommodified access to. Publishers do not
wish to sell electronic books to libraries,
and when they do decide to give them a
lending licence, that licence runs out after 26 lendings. Closed platforms for electronic publications where the publishers
technologically control both the medium
and the ways the work can be used take us
back to the original and not very well-conceived metaphor of ownership – anyone
who owns the land can literally control
everything that happens on that land –
even if that land is the collective process
of writing and reading. Such limited space
for the activity of public libraries is in radical contrast to the potentials for universal
access to all of culture and knowledge that
digital distribution could make possible
at a very low cost, but with considerable
change in the regulation of intellectual production in society.
Since such change would not be in the
interest of formulaic application of intellectual property, acts of civil disobedience to
that regime have over the last twenty years
created a number of 'shadow public libraries'
that provide universal access to knowledge
and culture in the digital domain in the way
that the public libraries are not allowed to:
Library Genesis, Science Hub, Aaaaarg,
Monoskop, Memory of the World or Ubuweb. They all have a simple objective – to
provide access to books, journals and digitised knowledge to all who find themselves
outside the rich academic institutions of the
West and who do not have the privilege of
institutional access.
These shadow public libraries bravely remind society of all the watershed moments in the struggles and negotiations
that have resulted in the establishment
of social institutions, so as to first enable
the transition from what was an unjust,
discriminating and exploitative to a better society, and later guarantee that these
gains would not be dismantled or rescinded. That reminder is, however, more than a
mere hacker pastime, just as the reactions
of the corporations are not easy-going at
all: in mid-2015, Reed Elsevier initiated
a court case against Library Genesis and
Science Hub and by the end of 2015 the
court in New York issued a preliminary
injunction ordering the shut-down of
their domains and access to the servers. At
the same time, a court case was brought
against Aaaaarg in Quebec.
Shadow public libraries are also a
reminder of how technological complexity does not have to be harnessed only in
the conversion of socialised resources back
into the simplified formulaic logic of private property, how we can take technology
in our hands, in the hands of society that is
not dismantling its own foundations, but
rather taking care of and preserving what
is worthwhile and already built – and thus
building itself further. But, most powerfully shadow public libraries are a reminder to us of how the focus and objective of
our efforts should not be a world that can
be readily managed algorithmically, but a
world in which our much greater achievement is the right guaranteed by institutions – envisioned, demanded, struggled
for and negotiated – a society. Platformisation, corporate concentration, financialisation and speculation, although complex
in themselves, are in the function of the
process of de-socialisation. Only by the
re-introduction of the complexity of socialised management and collective re-appropriation of resources can technological
complexity in a world of escalating expropriation be given the perspective of universal sisterhood, equality and liberation.