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«.
Sollfrank & Dockray
Expanded Appropriation
2013
Sean Dockray
Expanded Appropriation
Berlin, 4 January 2013
[00:13]
Public School [00:17]
We decided to give up doing a gallery because… Well, for one, the material
conditions weren’t so great for it. But I think people who open up galleries
do it in really challenging conditions, so there is no reason why we couldn’t
have done a gallery in that basement. [00:37] I think we were actually
disinterested in exhibition as a format. After a few years – I mean, we did
something like 35 things that could easily be called exhibitions, in a span of
5 years leading up to that. [00:55] I think we just wanted to try something
else. And so we already had started a project called The Public School a year
prior, so we decided that we would use our space primarily as a school.
[01:10] At that time those two things happened. We eliminated the gallery and
then ended up with two new galleries and a school instead!
[01:20] What The Public School is… it’s been going now for five fears. It
began just as a structure or even a diagram, or an idea or something. [01:43]
And the idea is that people would propose things that they wanted to learn
about, or to teach to other people. And then there would be a kind of process
where we use our space or the Internet to allow people to sign up to say they
are also interested in this idea. And then the School’s job would be to turn
those ideas into real meetings of people, real classes where people got
together. [02:15] So in that sense the curriculum would be developed in
public. It wouldn't be public just simply in the sense that anyone could go to
it, but it’d be public in the sense that anyone could produce the form of it.
[02:32] And again, I need a lot more time, I think, to talk about all the
dimensions to it, but in broad strokes that’s kind of what it is. [02:43]
Although we started in Los Angeles, in the basement of our original gallery
five years ago, it’s now been in around a dozen cities around the world, where
people are operating according to the same process, and then sometimes in
conversation with one another. And there’ve been 500-600 classes, and 2000 or
so proposals made in that time.
[03:18]
Motivation
[03:22]
It was in the air at the time already, so I don’t think it’d be an entirely
independent impulse – number one. But I had actually tried to start a couple
of things that had failed. [03:41] Like Aaaaarg – I tried to set up some
physical reading groups that would complement the online archive. So, in Los
Angeles the idea would be that we’d meet and talk about things that were being
posted to the website. So, yes, reading groups. But they never really went
anywhere. They were always really small, and they kind of run out of steam
quite quickly because no one was interested. [04:10] So in a way The Public
School was a later iteration of something that I’d already been trying for a
while. But the other thing was that by doing these reading groups,
intuitively, I knew what was wrong. [04:31] Although I like to read, that is
not all of what education is to me. To me learning and education is something
that is more inclusive of a lot more of what we experience in life, than
simply theoretical discussions. The structures didn’t really allow that in a
way. [04:56] The Public School came out of just trying to imagine what kind of
structure would be inclusive to overcome some of those self-imposed
limitations. [05:14] I’m very interested in technology in a hands-on way. I
like to code and electronics – hacking around with electronics. And at the
same time, I like to read and I like to write. And then once you go down that
line then you think, well, I like music a lot and I like to play chess as
well. [05:46] I think about all these things that I like to do, and I just
thought about how a lot of these gestures towards education that I tried to do
previously, in no way embraced me as a whole person. So in that sense, it was
based in personal interest. [06:22] But the other personal interest had to do
with personal motivation, it had to do with running an art space for, at that
point, four years. And actually seeing the way that that happened, because I’m
not a curator. [06:38] And so the act of putting on exhibitions for me was
less about making value judgments, and more about trying to contribute to the
cultural life of my city, and also provide opportunities that didn’t exist in
Los Angeles. [06:57] For example, no one really knew how to show work with
technology, and we were able to, because, for instance I knew how to set up
projectors, fix electronics or get things to start and stop, and that kind of
stuff. [07:13] But over the course of running it, because it is an exhibition
space, I found myself put into the role of being a curator – Fiona and I both
did. And it was kind of an uncomfortable role to be deciding what became
visible and what wouldn’t be. [07:32] And one thing that was never visible was
the sort of mechanisms by which an institution made certain things visible.
[07:40] So the public in The Public School actually in a way is trying to
eliminate that whole apparatus, or at least, put that apparatus as something
that we didn’t want to be solely the ones interacting with. We wanted that
apparatus to be… that our entire community, the community of people who is
participating in the programme – that they were the ones responsible for it.
[08:14] So that would shift programming, but also accountability and all these
things, to the people who are actually participating in the life of the space.
[08:28]
Technical Infrastructure
[08:32]
The technical infrastructure is incredibly important because at the moment
that’s people’s primary experience of the project. They make proposals on the
website, and then the classes are actually organised by people through the
website. So the website, the entire technical infrastructure becomes the
engine for getting events to happen. [09:01] It’s not an essential part. At
the very beginning we did it on paper, and we had the website and the paper
kind of simultaneously. And we’d print things out onto paper that would be
accessible by coming into the space, and vice versa, we'd enter things from
the paper back into the website. [09:26] But at the moment it’s mostly
orchestrated through the website. And it’s been three versions of it, like
three separate pieces of software, and the last two it’s been Kayla Waldorf
and myself who have been programming it. And we have… [09:45] Number one,
we’ve organised lots of classes, so we’re very involved in the life of the
school. And in a way we try to programme the site according to (A) what would
make things work, but (B), like you say, in a way that expresses the politics,
as we see them, of the site. [10:14] And so almost at every level, at every
design decision that Kayla might be making, or every kind of code or database
decision, you know, interactive decision that I might be making – those
conversations and those ideas are finding their way into that. [10:45] And
vice versa, that you see code, in a certain way, as not determining politics,
but certainly influencing what people see as possible and also choices that
they see available to them, and things like that. [11:09] I guess as users of
the site, as organisers of The Public School and as programmers, this kind of
relationship between the project and the software is quite intertwined.
[11:28] And I don’t think that… I think that typically art institutions use a
website as a kind of publicity vehicle, as a kind of postcard or something
that fits into their broadcasting of a programme, as something as a glue
between their space and their audience. [11:49] And I think for us the website
is actually integral to the space and to the audience. There is more of a
continuum between the space, programme, website and audience.
[12:04]
Aaaaarg.org
[12:08]
It started out small. In a way, it was an extension of what I think as a
practice that all of us are familiar with, which is sharing books that we’ve
read, or sharing articles that we’ve read, especially if your work is somehow
in relationship to things that you might be reading. [12:41] In my
architecture school, for instance, we would read lots and lots, and then we’d
be making work in parallel. It wouldn’t be that either would determine the
other, but in the end, there is a strong relationship between the ideas that
you have and what you see as possible, and the things that you are reading.
[13:07] So as part of the student culture, especially among my friends, the
people that I identified with in school, we’d be discovering different parts
of the library independently. And then when we found something that was quite
moving in whatever way then we would photocopy it to keep it for ourselves
later. [13:34] And we’d also give it to each other as a kind of secret tool,
or something like that, you know, like you have the sense that when you found
something that is really good – and specially if other people aren’t even
interested – then you feel really empowered by having access to that, by being
able to read it and reread it. [14:02] And then you feel more empowered when
there is a community of other people. It may be a small one, but who have read
that thing as well, because then you start building a kind of shared frame of
reference, a shared vocabulary and a shared way of seeing the world, and
seeing what you’re working on. [14:22] And I think out of that comes projects,
like you actually work on projects together, you collaborate, you correspond
with other people or you actually share the work. And that’s what happened.
[14:41] I started Aaaaarg.org after I moved from New York to Los Angeles, so I
was quite far away from some of the people that I was working with – and just
continuing with that very basic activity of sharing reading material in order
to have that shared vocabulary to be able to work together.
[15:08]
Content
[15:12]
It turned out to be architecture at the very beginning. But we all had really
broad understandings of what architecture meant and what it included, so there
was a lot of media theory, art history and philosophy, and occasionally some
architecture too. [15:38] And so that became the initial kind of seed. And I
think everything has, as the site expanded from there, to be not just me and
some collaborators, or then collaborators of collaborators, and then friends
of those people, and so on. [16:03] It’s kind of a ripple effect outwards.
What happened was something that is quite common to almost any platform, which
is this kind of feedback. Even in an open structure, it's never truly open.
There’re always rules in place, there’s always a past history, and those two
things go a long way to influence what happens in the future. [16:33] I’m sure
a lot of people will come to the site who are interested in one thing, and
then find nothing in the site that speaks to them, and then disappear. Whereas
other people, the site really spoke to them, and so what they would contribute
can also fit according to that sense, to that inclination.
[16:59]
Dynamics of growth and community-building
[17:04]
Especially when I’m involved in this kind of projects, I don’t like being
alone. Obviously it contributes a lot to the work, not only because there’s
more people, but actually the kind of relationships and negotiations that
happen in that work are interesting in themselves. [17:29] So anyway, it was
never all that interesting for it to be a private library. I mean, we all have
private libraries, but there is this potential as well, which I think wasn’t
part of the project at the beginning, it really was a tool for sharing in a
particular kind of context. [17:56] But I think, obviously, you know, once
people saw it then they saw a sort of potential in it, because you see what
happens on the Internet and you know that in certain cases you can read from
it and you can write to it. [18:18] And you also know that, although there
still [are] various forms of digital exclusion, that it's quite accessible
relative to other forms, other libraries, like university libraries, for
instance.
[18:37]
Cornelia Sollfrank: It’s not just about having access to certain material, but
what is related to it, and what’s really important, is the dynamics of
building a community and the context, and even smaller discourses around
certain issues, which you don’t have necessarily if you just download a text.
Then you have the text but you don’t have somebody to talk to, or you don’t
write your opinion about it to someone. So that’s, I think, what comes with
the project, which makes it very valuable to a lot of people.
[19:13]
Yes. That’s going back to what I was saying about some of the failures before
The Public School, which was... As the site was growing, as Aaaaarg was
growing, all of a sudden there would be things in there that I didn’t know
about before, that someone felt it was important to share. [19:37] And because
someone felt that it was important to share it, I felt it was important to
read it. And I did, but then I wanted to read it with other people. [19:51]
So, some of those reading groups were always attempts to produce some social
context for the theory.
[20:06] Having a library as if the archive itself is the library – but having
that isn't really that interesting to me. What's interesting is having some
social context that I can feel involved in (not that I ‘have’ to be involved
in it), but having some social context to make use of that reading material.
[20:42]
Copyright
[20:47]
At the beginning it was never a component of the project, because of that sort
of natural extension between what I see as a perfectly… something that I think
that we all do already. And especially in architecture and art, if you are
involved in reading you give books to people. Like you gave me your book… And
I’ve passed on a number of books. [21:34] If I print out something to read and
I’m done with it, then I’m more likely to pass it on than I’m to shred it – I
have to keep it in my closet forever, what do I do with it? If I think I’m
truly done with it, even for a moment, then I’m more likely to pass it on.
[22:00] So at the beginning it had nothing to do with piracy, it had
everything to do with wanting to share things with other people. And a lot of
times it's not just in this abstract “I kind of like to share,” but it was
project-based, and I think it became a little bit more abstract. [22:24] But I
think actually over time, when people were sharing things, sometimes they did
it with this sort of abstract recipient of that sharing, and that they would
think, “I have access to this and I know that other people want access to it,
and so that’s going to be why I share it.” [22:46] In other cases, I know that
people were trying to organise a reading group, and this is quite common,
which is that people would be organising something and then how are they going
to distribute the reading material. Yes, they could give everyone a link to
Amazon so they all order their own book, maybe that would be better for
Amazon. [23:13] But there are another ways that they would organise the
reading material there. A lot of times the stuff they wanted to read was
already on Aaaaarg. Sometimes they had to upload a few new things. [23:26] And
so that’s how a lot of it grew and that’s why people are involved. And I think
sharing was what drove the project. And then it really wasn’t for 3 years that
even there was anything even relating to copyright issues. No one complained
for all that time. [23:53] And then when complains came in then, you know, we
responded by taking it down. It was quite simple. [24:05] But then later in
the life of the project, the copyright problems sort of, in a way,
retroactively made the project more about piracy than about sharing.
[24:22]
Attempts to control file-sharing
[24:26]
Either through making activity which used to be legal, illegal, or which used
to be in a kind of grey area because there wasn’t a framework in place for it,
that sort of draw hard lines to say that something in now illegal. [24:46] And
then there is the technological forms of negation, I think, which is to
actually make it impossible for people to do something that they used to be
able to do – signing copies of a file and not allowing it to open if it’s not
opening in the right place, or through the cloud, through this kind of new
marketing opportunities of centralising a lot of files in one place, and then
sort of governing the access through sites like Spotify. [25:29] Amazon does
the same thing, you know, also with their e-books, where they own the device,
the distribution network and the servers. And so by controlling the entire
pipeline, there’s a lot more control over what people do. [25:51] For
instance, you have to jailbreak the Kindle in to order to share a book. Again,
something that we used to be able to do, now we actually have to break the law
or break our devices. [26:05] So these two things, I think, are how it gets
dealt with. And of course, there’s always responses to those things. [26:12] I
think the technological one is a big [one] ... to me that’s the more
challenging one, especially now, because what’s been produced is much more
miniaturised and a lot more difficult to...
C.S.: Hack?
[26:30] Yes. And also you can’t hack the server farm that’s located in, you
know, this really remote part of some country that you’ve never been to.
Shouldn’t say never. In fact, I’ll say never, just to see if someone can.
[26:50] Positive things would be to say, if we take a more expansive view of
the economy, look at who is making money, and then make an appeal for that.
Because there are people who are making money, like Apple is making a lot of
money, and other people who aren’t making money. [27:15] And I don’t think you
can blame the readers, for instance, for the fact that writers and publishers
aren’t making money, because the readers are going into that too, because of
the same forces. [27:28] So you look at who is making the money, and I think
that is a political argument that needs to be made, that this money is
actually being kind of hoarded by some of these companies, because they are
sort of gaming the system and the restructuring of the economy, but also how
we consume entertainment, and all this kind of things, and the restructuring
of production around the globe.
[27:59] I don’t think sites like Aaaaarg do anything more than point out a
kind of dynamic that is existing in the world – to think that somehow you can
sort of turn that into something positive, you know, in a way that gets
capitalism to stop exploiting people – like it seems silly to me, capitalism
exploits people...
[28:31]
Publishing landscape
[28:35]
I think that the role of the publishers [is] already changing, because of the
Internet and because of companies like Amazon, who changed not only selling
books. They changed not only the bookstore, but also changed the entire
distribution model, which then changes the way publishers work – and more and
more, even the entire life cycle of a book, you know, from the writing to the
sort of organisation and communication, to the distribution to the
consumption. [29:09] The entire life cycle of a book is happening through
these networks, from the software that we write it on, and where is that stuff
stored, you know – is a Google Docs or some other thing? –, and our e-mails
that are circulating, and the accounting software. [29:31] A lot of it is
changing through the entire pipeline anyway, so to me, it’s really difficult
to say how publishing is changing because the entire flow, the entire
apparatus is changing.
[29:48] At the beginning, Aaaaarg was a way of bringing readers together, and
to allow readers to sort of give value to certain things that they were
reading. And I think that’s always been a form of publishing to me. [30:09]
Yes, someone is responsible for having the book edited, having it printed it,
distributing it, there’s a huge material expense in all of that. [30:21] But
then you also have the life of the book after it gets to the store. And it
continues to have a life, like sometimes it lives for decades and decades, and
it goes between readers, it goes through sidewalk vendors, and used book
stores, and sits on people’s libraries, and goes to public libraries. [30:44]
And I would say that Aaaaarg is sort of in that part of the life cycle.
[30:54] These platforms become sort of new publishers themselves, but I
haven’t really thought that kind of statement through enough. In a way, if
publishing is to make something public and to create publics, then of course,
that’s something that Aaaaarg has done since the beginning. [31:22] It made
things public to people who maybe didn’t exist for before, and it also
produced communities of people around books – I mean, if that’s what a
publication and a publisher does, then, of course, it kind of does that within
the context of the Internet, and it does that by both using and producing
social relations between people.
[31:50]
Reading / books
[31:54]
I have lots of books, and I buy them from anywhere. I buy them, as much as it
pains me to admit it, I buy them from Amazon, I buy them from bookstores, I
buy them from used books stores, I buy them on the street, I find them in
trash, I’ve photocopied so many parts of books at the library, because they
didn’t circulate or something, or because I only had four hours to look at the
book; I’ve gotten things for my friends, I’ve gotten things from classes that
I used to take when I was a student but I still have. [32:37] And then with
the Internet, then I'd see it on a screen, sometimes I print that out, you
know. I’m not a purist in any way about reading or about books, I’m not
particularly sentimental about ‘the book.’ Even though I love books and I see
what’s nice about them, I think that every sort of form a book takes has its
own kind of… there’s something unique about it. [33:11] Honestly, this kind
of, let’s say, increase in e-Pubs and PDFs hasn’t really changed my
relationship to books at all. It’s the same as it’s always been, which is,
I’ll read it, how I can get it. And maybe there’s slightly now forms, and
sometimes I read on a little… I bought a touchpad when they had a fire sale a
while ago, so I read on that.
[33:44] And maybe I’m making an obvious argument here, but you see, if you've
ever scanned a book you know that it takes time, and you know that you screw
up quite a lot, and sometimes those screw ups find their way in, and the
labour that goes into making a scan finds its way in. [34:02] And it’s only
through really good scans that you can manage to sort of eliminate a lot of
that, a lot of the traces of that labour. But I know that, in the entire
history of Aaaaarg, the files will always show the labour of the person who is
trying to get something up to share it with other people. It’s not a
frictionless easy activity, there is work that’s involved in it. [34:31] And I
find some of the scans were quite beautiful in that way, even when they
weren’t necessarily so good to read.
[34:41] There’s actually, if we go to scale… Again, I have way more books that
I could possibly read, physical books. And I’m going to continue buying more,
acquiring more through my entire life, I’m sure of it. And I think that’s just
part of loving books and loving to read, you have more than you can possibly
deal with. [35:11] And I think, on a level of scale, maybe, with the Internet
we find ourselves, in orders of magnitude, [with] more than we could possibly
deal with. But in a way, it’s the same kind of anxiety, and the limits are
more or less the same. [35:29] But then there are maybe even new opportunities
for new ways of reading that weren’t available before. I could flip through a
book in a certain way, but maybe now with the possibility of indexing the
whole content of a book, and doing searches, and creating ways of visually
displaying books and relationships between books, and between parts of books,
and this kind of things, and also making lists, and making lists with other
people – all of these maybe provide new ways of reading which weren't
available. [36:13] And of course it means that then other ways of reading that
get sort of buried and, you know, lost. And I’m sure that that's true too,
that slow deep reading maybe isn’t as prevalent as different types of
referencing and stuff. [36:32] Not to say that it’s totally identical, but
certainly an evolution. I don’t think that progression is so linear, that it’s
pure loss, or anything like that.
[36:44]
Form and content
[36:49] For me what’s interesting is to try and examine how structure and
form, or structure and content, form and content – I mean, that’s kind of
another on-going question, how structure is not divorced from content.
Structure is not simply a container for the content, any more than the mind
and body are distinct entities – but that the structure that something takes
influences the shape that content takes, and also the ways that people might
approach that context, or use it in this kind of things. And likewise, the
content begins to affect the structure as well. [37:47] Why I’m interested in
structures is because they aren’t deterministic, they don’t determine what’s
going to happen. And all the projects that you mention are things that I think
of, let’s say, as platforms or something, in the sense that they have… they
involve a lot of people quite often, more than just me, and they also have…
the duration is not specified in advance, and what’s going to happen in them
is not specified in advance. [38:30] So they’re experimental in that way, and
they have that in common. And that is what’s interesting to me, is the
production of situations where we don’t know what’s going to happen. [38:51]
And sometimes when focusing on a work you have vision for what that work is
going to be, and then all your work goes into realising that, and, of course,
you have surprises along the way, but then you get something that surprisingly
ends up like what you kind of imagined at the beginning – that way of working
doesn’t really interest me. I sort of become bored pretty early on in that
process. [39:23] Whereas the kind of longer term thing where the initial
conditions actually produce a situation that’s a little unstable, and
therefore what happens is also kind of unpredictable and unstable, to me this
is about opening up other possibilities for things as small as being together
for a short time, but also as big as ways of living.
[40:00] On the one level, these are structural projects, but on another level
they are all kind of structural appropriations in a way, or appropriations of
structures, like from a gallery, a library, a school, another gallery. [40:23]
And I was actually thinking about that I kind of wish that (and I imagine
soon, maybe in the next decade or two) an art historian will make this kind of
argument for evolving the concept of appropriation, to go beyond objects to…
Because in a way appropriation enters into the discourse when reproduction…
[40:52] I think appropriation it’s been something, let’s say, that maybe is a
historical concept. So at certain point in history maybe it even has a
different name, there’s different ways that it happens, there are different
cultural responses to it. [41:09] And I think that in the twentieth century,
especially with mechanical reproduction, appropriation becomes quite clear
what it is, because images or sounds, you know, things became distributed and
available for people to actually materially use. [41:30] And the tools that
people have available to make work as well allow for this type of reuse of
what’s being circulated through the world. [41:45] And I guess what I’m sort
of saying is, if that’s appropriation of objects, then there might even be a
time now, especially as the economy sort of shifted from being simply about
commodity – the production, and sale and consumption of commodities) – to now,
if we try to understand critically the economy now, it’s something that’s much
more complicated – it involves financialization, debt and derivative trading,
and all this kind of things. [42:25] And so, perhaps also if appropriation is
a historical idea, then appropriation also needs to be updated, and this would
mean – for me this would mean appropriation of systems. [42:46] So rather than
the appropriation of what’s been distributed, it’s the appropriation of the
system of distribution. And to me these are also projects that I get excited
about at the moment. [43:04] In a way it also makes sense, because if
photographs were circulating around the world, and that was, you know, a new
thing, to see that sort of imagery circulating in that way, at a certain point
in time a century ago; then now I think we are even having a similar reaction
to something like Facebook, which to me kind comes out of nowhere, and
suddenly it exists in the world as a structure that is organising a certain
part of the activity of, you know, hundreds of millions of people. [43:47] And
so I think, in a way, that’s the level on which maybe we can start thinking of
appropriation, at a level of this kind of large scale systems. But then that
brings up a whole new set of questions, like what do you call that, number
one. Number two, obviously the legal framework that’s in place, obviously that
will cause problems.