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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Tenen
Preliminary Thoughts on the Way to the Free Library Congress
2016
# Preliminary Thoughts on the Way to the Free Library Congress
Figure 1: Article titles obscuring citation network topography. Image by Denis
Y Tenen.
**In the framework of the[Authorship](http://www.akademie-
solitude.de/en/events/~no3764/) project, Akademie Schloss Solitude together
with former and current fellows initiated a debate on the status of the author
in the 21st century as well as closely related questions on the copyright
system. The event »[Custodians.online – The Struggle over the Future of
›Pirate‹ Libraries and Universal Access to Knowledge](http://www.akademie-
solitude.de/en/events/custodiansonline-the-struggle-over-the-future-of-pirate-
libraries-and-universal-access-to-knowledge~no3779/)« was part of the debate
by which the Akademie offers its fellows to articulate diverse and already
long existing positions regarding this topic. In this article, published in
the special online-issue on _[Authorship](http://schloss-
post.com/category/issues/authorship/), _ Dennis Yi Tenen, PiracyLab/Columbia
University, New York, reports his personal experiences from the
»[Custodians.online](http://custodians.online/)« discussion. Edited by
Rosemary Grennan, MayDay Rooms, London/UK.**
I am on my way to the Free Library Congress at Akademie Schloss Solitude, in
Stuttgart. The event is not really called the »Free Library Congress,« but
that is what I imagine it to be. It will be a meeting about the growing
conflict between those who assert their intellectual property rights and those
who assert their right to access information freely.
Working at a North American university, it is easy to forget that most people
in the United States and abroad lack affordable access to published
information – books, medical research, science, and law. Outside of a
university subscription, reading a single academic article may cost upwards of
several hundred dollars. The pricing structure precludes any meaningful idea
of independent research.
Imagine yourself a physician or a young scientist somewhere in the global
south, or in Eastern Europe, or anywhere really without a good library and
without the means to pay exorbitant subscription prices demanded by the
distributors. How will you keep current in your field? How are you to do right
for your patients in following the latest treatment protocols? What about
citizen science or simply due diligence on the part of patients, litigants, or
primary school students in search for reputable sources? Wherever library
budgets do not soar into the millions, research involves building archives
that exist outside of the intellectual property regime. It involves the
organizational effort required to collect, sort, and share information widely.
A number of prominent sites and communities emerged in the past decade in an
attempt to address the global imbalance of access to information. Among them,
Sci-Hub. [1] Founded by Alexandra Elbakyan, a young neuroscientist from
Kazakhstan, the site makes close to 50 million scientific articles available
for download. Elbakyan describes the mission of her library as »removing all
barriers that impede the widest possible distribution of knowledge in human
society.« Compare this with Google’s mission »to organize the world’s
information and make it universally accessible and useful.« [2] The two
visions are not so different. Sci-Hub violates intellectual property law in
many jurisdictions, including the United States. Elsevier, one of the world’s
largest scientific publishers, has filed a complaint against Sci-Hub in New
York Southern District Court. [3] Of course, Google also continually finds
itself at odds with intellectual property holders. The very logic of
collecting and organizing human knowledge is, fundamentally, a public works
project at odds with the idea of private intellectual property.
Addressing the judge directly in her defense, Elbakyan appeals to universal
ethical principles, like those enshrined in Article 27 of the United Nations
Declaration of Human Rights, which holds that: »Everyone has the right to
freely participate in the cultural life of the community, to enjoy the arts
and to share in scientific advancement and its benefits.« [4] [5] Her
language – our language – evokes also the »unquiet« history of the public
library. [6] I call this small, scrappy group of artists, academics,
librarians, and technologists »free« to evoke the history of »free and public«
libraries and to appeal also to the intellectual legacy of the free software
movement: as Richard Stallman famously put it »free as in free speech not as
in free beer.« [7]
The word »piracy« is also often used to describe the online free library
world. For some it carries an unwelcome connotation. In most cases, the
maintenance of large online archives is a drain on resources, not
profiteering. It resembles much more the work of a librarian than that of a
corsair. Nevertheless, many in the community actually embrace a few of the
political implications that come with the idea of piracy. Piracy, in that
sense, appeals to ideas and strategies similar to those of the Occupy
Movement. When public resources are unjustly appropriated and when such
systematic appropriation is subsequently defended through the use of law and
force, the only available response is counter occupation.
The agenda notes introducing the event calls for a »solidarity platform« in
support of free online public libraries like Sci-Hub and Library Genesis,
which increasingly find themselves in legal peril. I do not yet know what the
organizers have in mind, but my own thoughts in preparation for the day’s
activities revolve around the following few premises:
1\. The case for universal and free access to knowledge is stronger when it is
made on ethical, technological, and **tactical** grounds, not just legal.
The cost of sharing and reproduction in the digital world are too low to
sustain practices and institutions built on the assumptions of print. The
attempt to re-introduce »stickiness« to electronic documents artificially
through digital rights management technology and associated legislation like
the Digital Millennium Copyright Act are doomed to fail. Information does not
(and cannot) »want« to be free, [8] but it definitely has lost some of its
purchase on the medium when words moved from vellum to magnetic charge and
subsequently to solid storage medium that – I kid you not – works through
mechanisms like quantum tunneling and electron avalanche injection.
2\. Any proposed action will require the close **alignment of interests**
between authors, publishers, readers, and librarians.
For our institutions to catch up to the changing material conditions *and* our
(hopefully not so rapidly changing) sense of what’s right and wrong in the
world, writers, readers, publishers, and archivists need to coordinate their
action. We are a community. And I think we want more or less the same thing:
to reach an audience, to find and share information, and to remain a vital
intellectual force. The real battle for the hearts and minds of an informed
public lies elsewhere. Massive forces of capital and centralization threaten
the very existence of a public commons. To survive, we need to nurture a
conversation across organizational boundaries.
By my calculations, Library Genesis, one of the most influential free online
book libraries sustains itself on a budget of several thousand dollars per
year. [9] The maintenance of Sci-Hub requires a bit more to reach millions of
readers. [10] How do pirate libraries achieve so much with so little? The
fact that these libraries do not pay exorbitant license fees can only comprise
a small part of the answer. The larger part includes their ability to rely on
the support of the community, in what I have called elsewhere »peer
preservation.« Why can’t readers and writers contribute to the development of
infrastructures within their own institutions? Why are libraries so reliant on
outside vendors, who take most of the profits out of our ecosystem?
I am conflicted about leaving booksellers out of the equation. In response
about my question about booksellers – do they help or hinder project of
universal access? – [Marcell Mars](https://www.memoryoftheworld.org/nenad-
romic-aka-marcell-mars/) spoke about »a nostalgia for capitalism we used to
know.« [Tomislav Medak](https://www.memoryoftheworld.org/tomislav-medak/)
spoke in defense of small book publishers that produce beautiful objects. But
the largest of booksellers are no longer strictly in the business of selling
books. They build cloud infrastructures, they sell online services to the
military, build autonomous drones, and much much more. The project of
corporate growth just may be incompatible with the project to provide free and
universal access to information.
3\. Libraries and publishing conclude a **long chain of literary production**.
Whatever ails the free library must be also addressed at the source of
authorship.
Much of the world’s knowledge is locked behind paywalls. Such closed systems
at the point of distribution reflect labor practices that also rely on closed
and proprietary tools. Inequities of access mirror inequities of production.
Techniques of writing are furthermore impoverished when writers are not free
to modify their instruments. This means that as we support free libraries we
must also convince our peers to write using software that can be freely
modified, hacked, personalized, and extended. Documents written in that way
have a better chance of ending up in open archives.
4\. We need **more empirical evidence** about the impact of media piracy.
The political and economic response to piracy is often guided by fear and
speculation. The work of researchers like [Bodo
Balazs](http://www.warsystems.hu/) is beginning to connect the business of
selling books with the practices of reading them. [11] Balazs makes a
powerful argument, holding that the flourishing of shadow media markets
indicates a failure in legitimate markets. Research suggests that piracy does
not decrease, it increases sales, particularly in places which are not well-
served by traditional publishers and distributors. A more complete, »thick
description« of global media practice requires more research, both qualitative
and quantitative.
5\. **Multiplicity is key**.
As everyone arrives and the conversation begins in earnest, several
participants remark on the notable absences around the table. North America,
Eastern and Western Europe are overrepresented. I remind the group that we
travel widely and in good company of artists, scholars, activists, and
philosophers who would stand in support of what [Antonia
Majaca](http://izk.tugraz.at/people/faculty-staff/visiting-professor-antonia-
majaca/) has called (after Walter Mignolo) »epistemic disobedience« and who
need to be invited to this table. [12] I speak up to say, along with [Femke
Snelting](http://snelting.domainepublic.net/) and [Ted
Byfield](http://nettime.org/), that whatever is meant by »universal« access to
knowledge must include a multiplicity of voices – not **the** universal but a
tangled network of universalisms – international, planetary, intergalactic.
1. Jump Up
2. Jump Up [https://www.google.com/about/company/>](https://www.google.com/about/company/>)
3. Jump Up
4. Jump Up
5. Jump Up
6. Jump Up In reference to Battles, Matthew. _Library: An Unquiet History._ New York: Norton, 2003.
7. Jump Up
8. Jump Up Doctorow, Cory, Neil Gaiman, and Amanda Palmer. _Information Doesn’t Want to Be Free: Laws for the Internet Age_. San Francisco: McSweeney’s, 2014.
9. Jump Up
10. Jump Up
11. Jump Up See for example Bodo, B. 2015. [Eastern Europeans in the pirate library] – _Visegrad Insight_ 7 1.
12. Jump Up
[Dennis Yi Tenen](https://schloss-post.com/person/dennis-yi-tenen/), New
York/USA
[Dennis Yi Tenen](http://denten.plaintext.in/) is an assistant professor of
English and Comparative Literature at Columbia University. He is the author of
the forthcoming »Plain Text: The Poetics of Human-Computer Interaction«.
Traditional libraries are increasingly putting their holdings online, if not
in competition with Google Books then in partnership, in order to keep pace
with the mass digitization of content. Yet it isn't only the big institutional
actors that are driving this process forward: small-scale, independent
initiatives based on open source principles offer interesting approaches to
re-defining the role and meaning of the library, writes Alessandro Ludovico.
A deep conflict is brewing silently in libraries around the globe. Traditional
librarians - skilled, efficient and acknowledged - are being threatened by
bosses, themselves trying to cope with substantial funding cuts, with the word
"digital", touted as a panacea for saving space and money. At the same time,
in other (less traditional) places, there is a massive digitization of books
underway aimed at establishing virtual libraries much bigger than any
conventional one. These phenomena are questioning the library as point of
reference and as public repository of knowledge. Not only is its bulky
physicality being questioned, but the core idea that, after the advent of
truly ubiquitous networks, we still need a central place to store, preserve,
index, lend and share knowledge.
Tablet-PC on hardcover book. Photo: Anton Kudelin. Source: Shutterstock
It is important not to forget that traditional libraries (public and private)
still guarantee the preservation of and access to a huge number of digitally-
unavailable texts, and that a book's material condition sometimes tells part
of the story, not to mention the experience of reading it in a library. Still,
it is evident that we are facing the biggest digitization ever attempted, in a
process comparable to what Napster meant for music in the early 2000s. But
this time there are many more "institutional" efforts running simultaneously,
so that we are constantly hearing announcements that new historical material
has been made accessible online by libraries and institutions of all sizes.
The biggest digitizers are Google Books (private) and Internet Archive (non-
profit). The former is officially aiming to create a privately owned,
"universal library", which in April 2013 claimed to contain 30 millions
digitized books.1 The latter is an effort to make a comparably huge public
library by using Creative Commons licenses and getting rid of Digital Rights
Management chains, and currently claims to hold almost 5 millions digitized
books.
These monumental efforts are struggling with one specific element: the time it
takes to create digital content by converting it from another medium. This
process, of course, creates accidents. Krissy Wilson's blog/artwork _The Art
of Google Books_2 explores daily the non-digital elements (accidental or not)
emerging in scanned pages, which can be purely material - such as scribbled
notes, parts of the scanning person's hand, dried flowers - or typographical
or linguistic, or deleted or missing parts, all of them precisely annotated.
This small selection of illustrations of how physicality causes technology to
fail may be self-reflective, but it shows a particular aspect of a larger
development. In fact, industrial scanning is only one side of the coin. The
other is the private and personal digitization and sharing of books.
On the basis of brilliant open source tools like the DIY Bookscanner,3 there
are various technical and conceptual efforts to building specialist digital
libraries. _Monoskop_4 is exemplary: its creator Dusan Barok has transformed
his impressive personal collection of media (about contemporary art, culture
and politics, with a special focus on eastern Europe) into a common resource,
freely downloadable and regularly updated. It is a remarkably inspired
selection that can be shared regardless of possible copyright restrictions.
_Monoskop_ is an extreme and excellent example of a personal digital library
made public. But any small or big collection can be easily shared. Calibre5 is
an open source software that enables one to efficiently manage a personal
library and to create temporary or stable autonomous zones in which entire
libraries can be shared among a few friends or entire communities.
Marcell Mars,6 a hacktivist and programmer, has worked intensively around this
subject. Together with Tomislav Medak and Vuk Cosic, he organized the HAIP
2012 festival in Ljubljana, where software developers worked collectively on a
complex interface for searching and downloading from major independent online
e-book collections, turning them into a sort of temporary commons. Mars'
observation that, "when everyone is a librarian, the library is everywhere,"
explains the infinite and recursive de-centralization of personal digital
collections and the role of the digital in granting much wider access to
published content.
This access, however, emphasizes the intrinsic fragility of the digital - its
complete dependence on electricity and networks, on the integrity of storage
media and on updated hard and software. Among the few artists to have
conceptually explored this fragility as it affects books is David Guez, whose
work _Humanpédia_7 can be defined as an extravagant type of "time-based art".
The work is clearly inspired by Ray Bradbury's _Fahrenheit 451_ , in which a
small secret community conspires against a total ban on books by memorizing
entire tomes, preserving and orally transmitting their contents. Guez applies
this strategy to Wikipedia, calling for people to memorize a Wikipedia
article, thereby implying that our brains can store information more reliably
than computers.
So what, in the end, will be the role of old-fashioned libraries?
Paradoxically enough, they could become the best place to learn how to
digitize books or how to print out and bind digitized books that have gone out
of print. But they must still be protected as a common good, where cultural
objects can be retrieved and enjoyed anytime in the future. A timely work in
this respect is La Société Anonyme's _The SKOR Codex_.8 The group (including
Dusan Barok, Danny van der Kleij, Aymeric Mansoux and Marloes de Valk) has
printed a book whose content (text, pictures and sounds) is binary encoded,
with enclosed visual instructions about how to decode it. A copy will be
indefinitely preserved at the Bibliothèque nationale de France by signed
agreement. This work is a time capsule, enclosing information meant to be
understood in the future. At any rate, we can rest assured that it will be
there (with its digital content), ready to be taken from the shelf, for many
years to come.