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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Sollfrank & Snelting
Performing Graphic Design Practice
2014
Femke Snelting
Performing Graphic Design Practice
Leipzig, 7 April 2014
[00:12]
What is Libre Graphics?
[00:16]
Libre Graphics is quite a large ecosystem of software tools, of people –
people that develop these tools, but also people that use these tools;
practices, like how do you then work with them, not just how you make things
quickly and in an impressive way, but also these tools might change your
practice and the cultural artefacts that result from it. So it’s all these
elements that come together, and we call Libre Graphics. [00:53] The term
“Libre” is chosen deliberately. It’s slightly more mysterious that the term
“free”, especially when it turns up in the English language. It sort of hints
that there’s something different, that there’s something done on purpose.
[01:16] And it is a group of people that are inspired by free software
culture, by free culture, by thinking about how to share both their tools,
their recipes and the outcomes of all this. [01:31] So Libre Graphics is quite
wild, it goes in many directions, but it’s an interesting context to work in,
that for me it has been quite inspiring for a few years now.
[01:46]
The context of Libre Graphics
[01:50]
The context of Libre Graphics is multiple. I think that’s part of why I’m
excited about it, and also part of why it’s sometimes difficult to describe it
in a short sentence. [02:04] The context is design – so people that are
interested in design, in creating visuals, in creating animations, videos,
typography. And that is already a multiple context, because each of these
disciplines have their own histories, and their own sort of types of people
that get touched by them. [02:23] Then there is software, people that are
interested in the digital material – so, let’s say, excited about raw bits and
the way a vector gets produced. So that’s a very, almost formal interest in
how graphics are made. [02:47] Then there’s people that do software, so they
are interested in programming, in programming languages, in thinking about
interfaces and thinking about ways software can become a tool. And then
there’s people that are interested in free software, so how can you make
digital tools that can be shared, but also how can you produce processes that
can be shared. [03:11] So there you have from free software activists to
people that are interested in developing specific tools for sharing design and
software development processes, like Git or [Apache] Subversion, or those
kinds of things. So I think that multiple context is really special and rich
in Libre Graphics.
[03:34]
Free software culture
[03:38]
Free software culture… And I use the term culture because I’m more interested
in, let’s say, the cultural aspect of it, and this includes software, for me
software is a cultural object – but I think it’s important to emphasise this,
because it's easily turned into a very technocentric approach which I think is
important to stay away from. [04:01] So free software culture is the thinking
that, when you develop technology – and I’m using technology in the sense that
is cultural as well, to me, deeply cultural – you need to take care of sharing
the recipes for how this technology has been developed as well. [04:28] And
this produces many different other tools, ways of working, ways of speaking,
vocabularies, because it changes radically the way we make and the way we
produce hierarchies. [04:49] So it means, for example, if you produce a
graphic design artefact, for example, that you share all the source files that
were necessary to make it. But you also share, as much as you can,
descriptions and narrations of how it came to be, which does include, maybe,
how much was paid for it, what difficulties were in negotiating with the
printer, and what elements were included – because the graphic design object
is usually a compilation of different elements –, what software was used to
make it and where it might have resisted. [05:34] So the consequences of
taking free software culture seriously in a graphic design or a design
context, means that you care about all these different layers of the work, all
the different conditions that actually make the work happen.
[05:50]
Free culture
[05:54]
The relationship from Libre Graphics to free culture is not always that
explicit. For some people it’s enough to work with tools that are released
under GPL (GNU General Public License), or like an open content license, and
there it stops. So even their work would be released under proprietary
licenses. [06:18] For others it’s important to make the full circle and to
think about what the legal status is of the work they release. So that’s the
more general one. [06:34] Then free culture – we can use that very loosely, as
in everything that is circulating under conditions that it can be reused and
remade, that would be my position – free culture, of course, also refers to
the very specific idea of how that would work, namely Creative Commons.
[06:56] For myself, Creative Commons is problematic, although I value the fact
that it exists and has really created a broader discussion around licenses in
creative practices, so I value that. [07:11] For me, the distinction Creative
Commons makes, almost for all the licenses they promote, between commercial
and non-commercial work, and as a consequence between professional and amateur
work – I find that very problematic, because I think one of the most important
elements of free software culture, for me, is the possibility of people from
different backgrounds, with different skill sets, to actually engage the
digital artefacts they are surrounded with. [07:47] And so by making this
quite lazy separation between commercial and non-commercial, which, especially
in the context of the web as it is right now, since it’s not very easy to hold
up, seems really problematic, because it creates an illusion of clarity that I
think actually makes more trouble than clarity. [08:15] So I use free culture
licenses, I use licenses that are more explicit about the fact that anyone can
use whatever I produce, in any context, because I think that’s where the real
power is of free software culture. [08:31] For me, free software licenses and
all the licenses around them – because I think there are many different types,
and that’s interesting – is that they have a viral power built in. So if you
apply a free software license to, for example, a typeface, it means that
someone else, even someone else you don’t know, has the permission, and
doesn’t have to ask for the permission to reuse the typeface, to change it, to
mix it with something else, to distribute it and to sell it. [09:08] That’s
one part that is already very powerful. But the real secret of such a license
is that once this person re-releases a typeface, it means that they need to
keep the same license. So it means that it propagates across the network, and
that is where it’s really powerful.
[09:31]
Free tools
[09:35]
It’s important to have tools that are released under conditions that allow me
to look further than its surface, for many reasons. There is an ethical
reason. It’s very problematic, I think, to, as a friend explained last week,
to feel like you are renting a room in a hotel – because that is often the way
practitioners nowadays relate to their tools, they have no right to remove the
furniture, they’ve no right to invite friends to their hotel room, they have
to check out at 11, etc. So it’s a very sterile relationship to your tools. So
that’s one part. [10:24] The other is that there is little way of coming into
contact with the cultural aspects of the tools. Something that I suspected
before I started to use free software tools for my practice, but has been
already for almost ten years continuously exciting, is the whole… let’s say,
all the other elements around it: the way people organise themselves in
conferences, mailing lists, the fact that the kinds of communications that
happens, the vocabularies, the histories, the connections between different
disciplines. [11:07] And all that is available to look at, to work with, to
come into contact with, even to speak to people that do these tools and ask
them, why is like this and not like that. And so to me it seems obvious that
artists want to have that kind of, let’s say, layered relation with their
tools, and not just accept whatever comes out of the next-door shop. [11:36] I
have a very different, almost different physical experience of these tools,
because I can enter on many levels. And that makes them part of my practice
and not just means to an end, I really can take them into my practice, and
that I find interesting as an artist and as a designer.
[11:56] Artefacts
[12:00] The outcomes of this type of practice are different, or at least the
kind of work I make, try to make, and the people I like to work with. There’s
obviously also a group of people that would like to do Hollywood movies with
those tools. And, you know, that’s kind of interesting too, that that happens.
[12:21] For me, somehow the technological context or conditions that made the
work possible will always occur in the final result. So that’s one part.
[12:38] And the other is that the, let’s say, the product is never the end. So
it means that because, in whatever way, source materials would be released,
would be made available, it means that the product is always the beginning of
another project or product, either by me or by other people. [13:02] So I
think that’s two things that you can always see in the kind of works we make
when we do Libre Graphics – my style.
[13:15] Libre Fonts
[13:18] A very exciting part of Libre Graphics is the Libre Font movement,
which is strong, and has been strong for a long time. Fonts are the basic
building block of how a graphic comes to life. I mean, when you type
something, it’s there. [13:40] And the fact that that part of the work is free
is important in many levels. Things that you often don’t think about when we
speak English and we stay within a limited character set, is that when you
live in, let’s say, India, the language you speak is not available as a
digital typeface, meaning that when you want to produce book in the tools that
are available, or publish it online, your language has no way of expressing
itself. [14:26] And so it’s important, and that has to do with commercial
interests, laws, ways that the technical infrastructure has been built. And so
by understanding that it’s important that you can express yourself in the
language and with the characters you need, it’s also obvious that that part
needs to be free. [14:53] Fonts are also interesting because they exist on
many levels. They exist on your system. They are almost software, because they
are quite complicated objects. They appear in your screen, when you print a
document – they are there all the time. [15:17] But at the same time it’s the
alphabet. It’s the most, let’s say… we consider it as a totally accessible,
available and universal right, to have the alphabet at our disposal. [15:29]
So I think, politically and, let’s say, from a sort of interest in that kind
of practice that is very technical but at the same time also very basic, in
the sense that is about “freeing an A,” that’s quite a beautiful energy – I
think that that has made the Libre Font movement very strong.
[15:55] Free artefacts / open standards
[15:59] It took me a while to figure out myself – that for me it was so
obvious that if you do free software, that you would produce free artefacts, I
mean, it seems kind of obvious, but that is not at all the case. [16:12] There
is full-fledged commercial production happening with these tools. But one
thing that sort of keeps the results, the outcomes of these projects, freer
than most commercial tools is that there is really an emphasis on open
document formats. [16:34] And that is extremely important because, first of
all, through this sort of free software thinking it’s very obvious that the
documents that you produce with the tool should not belong to the software
vendor, they are yours. [16:49] And to be able to own your own documents you
need to be able to look, to inspect how they are produced. I know many tragic
stories of designers that with several upgrades of “their” tool set lost
documents, because they could never open them again. [17:12] So there’s really
an emphasis and a lot of work in making sure that the documents produced from
these tools remain inspectable, are documented, so that either you can open
them in another tool, or could develop a tool to open them in, to have these
files available for you. [17:38] So it’s really part and parcel of free
software culture, it’s that you care about that what generates your artefact,
but also about the materiality of your artefact. And so there, open standards
are extremely important – or maybe, let’s say, that file formats are
documented and can be understood. [18:04] And what’s interesting to see is
that in this whole Libre Graphics world there is also a very strong group of
reverse engineers, that are document formants, document activists, I would
say. [18:19] And I think that’s really interesting. They claim, they say,
documents need to be free, and so we would go against… let’s say, we would
risk breaking the law to be able to understand how non-free documents actually
are constructed. [18:37] So they are really working to be able to understand
non-free documents, to be able to read them, and to be able to develop tools
for them, so that they can be reused and remade. [18:54] So the difference
between a free and a non-free document is that, for example, an InDesign file,
which is the result of a commercial product, there’s no documentation
available to how this file works. [19:10] This means that the only way to open
the file is with that particular program. So there is a connection between
that what you’ve made and the software you’ve used to produce it. [19:24] It
also means that if the software updates, or the license runs out, you will not
have access to your own file. It means it’s fixed, you can never change it,
and you can never allow anyone else to change it. [19:39] And open document
format has documentation. That means that not only the software that created
it is available, and so that way you can understand how it was made, but also
there’s independent documentation available. [19:55] So that whenever a
project, like a software, doesn’t work anymore or it’s too old to be run, or
you don’t have it available, you have other ways of understanding the document
and being able to open it, and reuse and remake it. [20:11] Examples of open
document formats are, for example, SVG (Scalable Vector Graphics), ODT (Open
Document Text format), or OGG, a format for video that allows you to look at
all the elements that are packed into the video format. [20:31] What’s
important is that, around these open formats, you see a whole ecosystem exists
of tools to inspect, to create, to read, to change, to manipulate these
formats. And I think it’s very easy to see how around InDesign files this
culture does not exist at all.
[20:55] Getting started
[20:59] If you would be interested to start using Libre Graphics, you can
enter it in different levels. There’s well-developed tools that look a bit
like commercial photo manipulation tools, or layout tools. [21:19] There’s
something called Gimp, which is a well-developed software for treating photos.
There’s Blender, which is a fast-developing animation software, that’s being
used by thousands of thousands of people, and even it’s being used in
commercial productions, Pixar-style stuff. [21:43] These tools can be
installed on any system, so you don’t have to run a Linux system to be able to
use them. You can install them on a Macintosh or on a Windows, for example. Of
course, they are usually more powerful when you run them on a system that
recognises that power.
[22:09] Sharing practice / re-learn
[22:14] This way of working changes the way you learn, and also therefore the
way you teach. And so, as many of us have understood the relation between
learning and practice, we’ve all been somehow involved in education, many of
us are teaching in formal design or art education. [22:43] And it’s very clear
how those traditional schools are really not fit for the type of learning and
teaching that needs to happen around Libre Graphics. [22:57] So one of the
problems that we run into is the fact that art academies are traditionally
really organised on many levels – so that the validation systems are really
geared towards judging individuals. And our type of practice is always
multiple, it’s always about, let’s say, things that happen with many people.
[23:17] And it’s really difficult to inspire students to work that way, and at
the same time know that at the end of the day, they will be judged on their
own, what they produce as an individual. So that’s one part. [23:31] In
traditional education there’s always like a separation between teaching
technology and practice. So you have, in different ways, let’s say, you have
the studio practice and then you have the workshops. And it’s very difficult
to make conceptual connections between the two, so we end up trying to make
that happen but it’s clearly not made for that. [24:02] And then there is the
problematics of the hierarchies between tutors and students, that are hard to
break in formal education, just because the set up is – even when it’s a very
informal situation – that someone comes to teach and someone else comes to be
taught. [24:28] And there’s no way to truly break that hierarchy because
that’s the way the school works. So since a year we’ve been starting to think
about how to do… Well, no, for years we’ve been thinking about how to do
teaching differently, or how to do learning differently. [24:48] And so last
year for the first time we organised a summer school, just as a kind of
experiment to see if we could learn and teach differently. And the title, the
name of the school is Relearn, because the sort of relearning, for yourself
but also to others, through teaching-learning, has became really a good
methodology, it seems.
[25:15] Affiliations
[25:19] If I say “we”, that’s always a bit uncomfortable, because I like to be
clear about who that is, but when I’m speaking here there’s many “we” in my
mind. So there’s a group of designers called OSP (Opens Source Publishing).
They started in 2006 with the simple decision to not use any proprietary
software anymore for their work. And from that this whole set of questions,
and practices and methods developed. [25:51] So right now that’s about twelve
people working in Brussels having a design practice. And I’m lucky to be an
honorary member of this group, and so I’m in close contact with them, but I’m
not actively working with the design group. [20:11] Another “we”, and
overlapping “we”, is Constant, an association for art and media active in
Brussels since 1996, 1997 maybe. Our interest is more in mixing copyleft
thinking, free software thinking and feminism. And in many ways that
intersects with OSP, but they might phrase it in a different way. [26:42]
Another “we” is the Libre Graphics community, which is even a more
uncomfortable “we” because it includes engineers that would like to conquer
the world, and small hyper-intelligent developers that creep out of their
corner to talk about the very strange world they are creating, or typographers
that care about universal typefaces. [27:16] I mean, there’s many different
people that are involved in that world. So I think, in this conversation the
“we” are Contant, OSP and Libre Graphics community, whatever that is.
[27:34] We worked on a Code of Conduct – which is something that seems to
appear in free software or tech conferences more and more, it comes a bit from
the U.S. context – where we have started to understand that the fact that free
software is free doesn’t mean that everyone feels welcome. [28:02] For long
there still are large problems with diversity in this community. The
excitement about freedom has led people to think that people that were no
there would probably not want to be there, and therefore had no role to be
there. [28:26] And so if you think, for example, the fact that there is very
little, that there’s not a lot of women active in free software, a lot less
than in proprietary software, which is quite painful if you think about it.
[28:41] That has to do with this sort of cyclical effects of: because women
are not there they would probably be not interested, and because they are not
interested they might not be capable, or feel capable of being active, and
they feel they might not belong. So that’s one part. [29:07] The other part is
that there’s a very brutal culture of harassment, of racist and sexist
language, of using imagery that is, let’s say, unacceptable. And that needs to
be dealt with. [29:26] Over the last two years, I think, the documents like
the Code of Conduct have started to come out from feminists active in this
world, like Geek Feminism or the Ada Initiative, as a way to deal with this.
And what it does is it describes, in a bit… let’s say, it’s slightly pompous
in the sense that you describe your values. [29:56] But it is a way to
acknowledge the fact that this communities have a problem with harassment,
first; that they explicitly say, we want diversity, which is important; that
it gives very clear and practical guidelines for what someone that feels
harassed can do, who he or she can speak to, and what will be the
consequences. [30:31] Meaning that it takes away the burden from, well, at
least as much as possible, from someone who is harassed to defend, actually,
the gravity of the case.
[30:43] Art as integrative concept
[30:47] For me, calling myself an artist is useful, it’s very useful. I’m not
so busy, let’s say, with the institutional art context – that doesn’t help me
at all. [31:03] But what does help me is the figure of the artist, the kinds
of intelligences that I sort of project on myself, and I use from others, from
my colleagues (before and contemporary), because it allows me to not have too
many… to be able to define my own context and concepts without forgetting
practice. [31:37] And I think art is one of the rare places that allows this.
Not only it allows it, but actually it rigorously asks for it. It’s really
wanting me to be explicit about my historical connections, my way of making,
my references, my choices, that are part of the situation I build. [32:11] So
the figure of the artist is a very useful toolbox in itself. And I think I use
it more than I would have thought, because it allows me to make these cross-
connections in a productive way.