Giorgetta, Nicoletti & Adema
A Conversation on Digital Archiving Practices
2015
# A Conversation on Digital Archiving Practices
A couple of months ago Davide Giorgetta and Valerio Nicoletti (both ISIA
Urbino) did an interview with me for their MA in Design of Publishing. Silvio
Lorusso, was so kind to publish the interview on the fantastic
[p-dpa.net](http://p-dpa.net/a-conversation-on-digital-archiving-practices-
with-janneke-adema/). I am reblogging it here.
* * *
[Davide Giorgetta](http://p-dpa.net/creator/davide-giorgetta/) and [Valerio
Nicoletti](http://p-dpa.net/creator/valerio-nicoletti/) are both students from
[ISIA Urbino](http://www.isiaurbino.net/home/), where they attend the Master
Course in Design for Publishing. They are currently investigating the
independent side of digital archiving practices within the scope of the
publishing world.
As part of their research, they asked some questions to Janneke Adema, who is
Research Fellow in Digital Media at Coventry University, with a PhD in Media
(Coventry University) and a background in History (MA) and Philosophy (MA)
(both University of Groningen) and Book and Digital Media Studies (MA) (Leiden
University). Janneke’s PhD thesis focuses on the future of the scholarly book
in the humanities. She has been conducting research for the
[OAPEN](http://project.oapen.org/index.php/about-oapen) project, and
subsequently the OAPEN foundation, from 2008 until 2013 (including research
for OAPEN-NL and DOAB). Her research for OAPEN focused on user needs and
publishing models concerning Open Access books in the Humanities and Social
Sciences.
**Davide Giorgetta & Valerio Nicoletti: Does a way out from the debate between
publishers and digital independent libraries (Monoskop Log, Ubuweb,
Aaaarg.org) exist, in terms of copyright? An alternative solution able to
solve the issue and to provide equal opportunities to everyone? Would the fear
of publishers of a possible reduction of incomes be legitimized if the access
to their digital publications was open and free?**
Janneke Adema: This is an interesting question, since for many academics this
‘way out’ (at least in so far it concerns scholarly publications) has been
envisioned in or through the open access movement and the use of Creative
Commons licenses. However, the open access movement, a rather plural and
loosely defined group of people, institutions and networks, in its more
moderate instantiations tends to distance itself from piracy and copyright
infringement or copy(far)left practices. Through its use of and favoring of
Creative Commons licenses one could even argue that it has been mainly
concerned with a reform of copyright rather than a radical critique of and
rethinking of the common and the right to copy (Cramer 2013, Hall
2014).1(http://p-dpa.net/a-conversation-on-digital-archiving-practices-
with-janneke-adema/#fn:1 "see footnote") Nonetheless, in its more radical
guises open access can be more closely aligned with the practices associated
with digital pirate libraries such as the ones listed above, for instance
through Aaron Swartz’s notion of [Guerilla Open
Access](https://archive.org/stream/GuerillaOpenAccessManifesto/Goamjuly2008_djvu.txt):
> We need to take information, wherever it is stored, make our copies and
share them with the world. We need to take stuff that’s out of copyright and
add it to the archive. We need to buy secret databases and put them on the
Web. We need to download scientific journals and upload them to file sharing
networks. We need to fight for Guerilla Open Access. (Swartz 2008)
However whatever form or vision of open access you prefer, I do not think it
is a ‘solution’ to any problem—such as copyright/fight—, but I would rather
see it, as I have written
[elsewhere](http://blogs.lse.ac.uk/impactofsocialsciences/2014/11/18
/embracing-messiness-adema-pdsc14/), ‘as an ongoing processual and critical
engagement with changes in the publishing system, in our scholarly
communication practices and in our media and technologies of communication.’
And in this sense open access practices offer us the possibility to critically
reflect upon the politics of knowledge production, including copyright and
piracy, openness and the commons, indeed, even upon the nature of the book
itself.
With respect to the second part of your question, again, where it concerns
scholarly books, [research by Ronald
Snijder](https://scholar.google.com/citations?view_op=view_citation&hl=en&user=PuDczakAAAAJ&citation_for_view=PuDczakAAAAJ:u-x6o8ySG0sC)
shows no decline in sales or income for publishers once they release their
scholarly books in open access. The open availability does however lead to
more discovery and online consultation, meaning that it actually might lead to
more ‘impact’ for scholarly books (Snijder 2010).
**DG, VN: In which way, if any, are digital archiving practices stimulating
new publishing phenomenons? Are there any innovative outcomes, apart the
obvious relation to p.o.d. tools? (or interesting new projects in this
field)**
JA: Beyond extending access, I am mostly interested in how digital archiving
practices have the potential to stimulate the following practices or phenomena
(which in no way are specific to digital archiving or publishing practices, as
they have always been a potential part of print publications too): reuse and
remix; processual research and iterative publishing; and collaborative forms
of knowledge production. These practices interest me mainly as they have the
potential to critique the way the (printed) book has been commodified and
essentialised over the centuries, in a bound, linear and fixed format, a
practice which is currently being replicated in a digital context. Indeed, the
book has been fixed in this way both discursively and through a system of
material production within publishing and academia—which includes our
institutions and practices of scholarly communication—that prefers book
objects as quantifiable and auditable performance indicators and as marketable
commodities and objects of symbolic value exchange. The practices and
phenomena mentioned above, i.e. remix, versioning and collaboration, have the
potential to help us to reimagine the bound nature of the book and to explore
both a spatial and temporal critique of the book as a fixed object; they can
aid us to examine and experiment with various different incisions that can be
made in our scholarship as part of the informal and formal publishing and
communication of our research that goes beyond the final research commodity.
In this sense I am interested in how these specific digital archiving,
research and publishing practices offer us the possibility to imagine a
different, perhaps more ethical humanities, a humanities that is processual,
contingent, unbound and unfinished. How can these practices aid us in how to
cut well in the ongoing unfolding of our research, how can they help us
explore how to make potentially better interventions? How can we take
responsibility as scholars for our entangled becoming with our research and
publications? (Barad 2007, Kember and Zylinska 2012)
Examples that I find interesting in the realm of the humanities in this
respect include projects that experiment with such a critique of our fixed,
print-based practices and institutions in an affirmative way: for example Mark
Amerika’s [remixthebook](http://www.remixthebook.com/) project; Open
Humanities’ [Living Books about Life](http://www.livingbooksaboutlife.org/)
series; projects such as
[Vectors](http://vectors.usc.edu/issues/index.php?issue=7) and
[Scalar](http://scalar.usc.edu/); and collaborative knowledge production,
archiving and creation projects, from wiki-based research projects to AAAARG.
**DG, VN: In which way does a digital container influence its content? Does
the same book — if archived on different platforms, such as _Internet Archive_
, _The Pirate Bay_ , _Monoskop Log_ — still remain the same cultural item?**
JA: In short my answer to this question would be ‘no’. Books are embodied
entities, which are materially established through their specific affordances
in relationship to their production, dissemination, reception and
preservation. This means that the specific materiality of the (digital) book
is partly an outcome of these ongoing processes. Katherine Hayles has argued
in this respect that materiality is an emergent property:
> In this view of materiality, it is not merely an inert collection of
physical properties but a dynamic quality that emerges from the interplay
between the text as a physical artifact, its conceptual content, and the
interpretive activities of readers and writers. Materiality thus cannot be
specified in advance; rather, it occupies a borderland— or better, performs as
connective tissue—joining the physical and mental, the artifact and the user.
(2004: 72)
Similarly, Matthew Kirschenbaum points out that the preservation of digital
objects is:
> _logically inseparable_ from the act of their creation’ (…) ‘The lag between
creation and preservation collapses completely, since a digital object may
only ever be said to be preserved _if_ it is accessible, and each individual
access creates the object anew. One can, in a very literal sense, _never_
access the “same” electronic file twice, since each and every access
constitutes a distinct instance of the file that will be addressed and stored
in a unique location in computer memory. (Kirschenbaum 2013)
Every time we access a digital object, we thus duplicate it, we copy it and we
instantiate it. And this is exactly why, in our strategies of conservation,
every time we access a file we also (re)create these objects anew over and
over again. The agency of the archive, of the software and hardware, are also
apparent here, where archives are themselves ‘active ‘‘archaeologists’’ of
knowledge’ (Ernst 2011: 239) and, as Kirschenbaum puts it, ‘the archive writes
itself’ (2013).
In this sense a book can be seen as an apparatus, consisting of an
entanglement of relationships between, among other things, authors, books, the
outside world, readers, the material production and political economy of book
publishing, its preservation and material instantiations, and the discursive
formation of scholarship. Books as apparatuses are thus reality shaping, they
are performative. This relates to Johanna Drucker’s notion of ‘performative
materiality’, where Drucker argues for an extension of what a book _is_ (i.e.
from a focus on its specific properties and affordances), to what a book
_does_ : ‘Performative materiality suggests that what something _is_ has to be
understood in terms of what it _does_ , how it works within machinic,
systemic, and cultural domains.’ For, as Drucker argues, ‘no matter how
detailed a description of material substrates or systems we have, their use is
performative whether this is a reading by an individual, the processing of
code, the transmission of signals through a system, the viewing of a film,
performance of a play, or a musical work and so on. Material conditions
provide an inscriptional base, a score, a point of departure, a provocation,
from which a work is produced as an event’ (Drucker 2013).
So, to come back to your question, these specific digital platforms (Monoskop,
The Pirate Bay etc.) become integral aspects of the apparatus of the book and
each in their own different way participates in the performance and
instantiation of the books in their archives. Not only does a digital book
therefore differ as a material or cultural object from a printed book, a
digital object also has materially distinct properties related to the platform
on which it is made available. Indeed, building further on the theories
described above, a book is a different object every time it is instantiated or
read, be it by a human or machinic entity; they become part of the apparatus
of the book, a performative apparatus. Therefore, as Silvio Lorusso has
stated:
**DG, VN: In your opinion, can scholarly publishing, in particular self-
archiving practices, constitute a bridge covering the gap between authors and
users in terms of access to knowledge? Could we hope that these practices will
find a broader use, moving from very specific fields (academic papers) to book
publishing in general?**
JA: On the one hand, yes. Self-archiving, or the ‘green road’ to open access,
offers a way for academics to make their research available in a preprint form
via open access repositories in a relatively simple and straightforward way,
making it easily accessible to other academics and more general audiences.
However, it can be argued that as a strategy, the green road doesn’t seem to
be very subversive, where it doesn’t actively rethink, re-imagine, or
experiment with the system of scholarly knowledge production in a more
substantial way, including peer-review and the print-based publication forms
this system continues to promote. With its emphasis on achieving universal,
free, online access to research, a rigorous critical exploration of the form
of the book itself doesn’t seem to be a main priority of green open access
activists. Stevan Harnad, one of the main proponents of green open access and
self-archiving has for instance stated that ‘it’s time to stop letting the
best get in the way of the better: Let’s forget about Libre and Gold OA until
we have managed to mandate Green Gratis OA universally’ (Harnad 2012). This is
where the self-archiving strategy in its current implementation falls short I
think with respect to the ‘breaking-down’ of barriers between authors and
users, where it isn’t necessarily committed to following a libre open access
strategy, which, one could argue, would be more open to adopting and promoting
forms of open access that are designed to make material available for others
to (re) use, copy, reproduce, distribute, transmit, translate, modify, remix
and build upon? Surely this would be a more substantial strategy to bridge the
gap between authors and users with respect to the production, dissemination
and consumption of knowledge?
With respect to the second part of your question, could these practices find a
broader use? I am not sure, mainly because of the specific characteristics of
academia and scholarly publishing, where scholars are directly employed and
paid by their institutions for the research work they do. Hence, self-
archiving this work would not directly lead to any or much loss of income for
academics. In other fields, such as literary publishing for example, this
issue of remuneration can become quite urgent however, even though many [free
culture](https://en.wikipedia.org/wiki/Free_culture_movement) activists (such
as Lawrence Lessig and Cory Doctorow) have argued that freely sharing cultural
goods online, or even self-publishing, doesn’t necessarily need to lead to any
loss of income for cultural producers. So in this respect I don’t think we can
lift something like open access self-archiving out of its specific context and
apply it to other contexts all that easily, although we should certainly
experiment with this of course in different domains of digital culture.
**DG, VN: After your answers, we would also receive suggestions from you. Do
you notice any unresolved or raising questions in the contemporary context of
digital archiving practices and their relation to the publishing realm?**
JA: So many :). Just to name a few: the politics of search and filtering
related to information overload; the ethics and politics of publishing in
relationship to when, where, how and why we decide to publish our research,
for what reasons and with what underlying motivations; the continued text- and
object-based focus of our archiving and publishing practices and platforms,
where there is a lack of space to publish and develop more multimodal,
iterative, diagrammatic and speculative forms of scholarship; issues of free
labor and the problem or remuneration of intellectual labor in sharing
economies etc.
**Bibliography**
* Adema, J. (2014) ‘Embracing Messiness’. [17 November 2014] available from [17 November 2014]
* Adema, J. and Hall, G. (2013) ‘The Political Nature of the Book: On Artists’ Books and Radical Open Access’. _New Formations_ 78 (1), 138–156
* Barad, K. (2007) _Meeting the Universe Halfway: Quantum Physics and the Entanglement of Matter and Meaning_. Duke University Press
* Cramer, F. (2013) _Anti-Media: Ephemera on Speculative Arts_. Rotterdam : New York, NY: nai010 publishers
* Drucker, J. (2013) _Performative Materiality and Theoretical Approaches to Interface_. [online] 7 (1). available from [4 April 2014]
* Ernst, W. (2011) ‘Media Archaeography: Method and Machine versus History and Narrative of Media’. in _Media Archaeology: Approaches, Applications, and Implications_. ed. by Huhtamo, E. and Parikka, J. University of California Press
* Hall, G. (2014) ‘Copyfight’. in _Critical Keywords for the Digital Humanities_ , [online] Lueneburg: Centre for Digital Cultures (CDC). available from [5 December 2014]
* Harnad, S. (2012) ‘Open Access: Gratis and Libre’. [3 May 2012] available from [4 March 2014]
* Hayles, N.K. (2004) ‘Print Is Flat, Code Is Deep: The Importance of Media-Specific Analysis’. _Poetics Today_ 25 (1), 67–90
* Kember, S. and Zylinska, J. (2012) _Life After New Media: Mediation as a Vital Process_. MIT Press
* Kirschenbaum, M. (2013) ‘The .txtual Condition: Digital Humanities, Born-Digital Archives, and the Future Literary’. _DHQ: Digital Humanities Quarterly_ [online] 7 (1). available from [20 July 2014]
* Lorusso, S. (2014) _The Post-Digital Publishing Archive: An Inventory of Speculative Strategies_. in ‘The Aesthetics of the Humanities: Towards a Poetic Knowledge Production’ [online] held 11 June 2014 at Coventry University. available from [31 May 2015]
* Snijder, R. (2010) ‘The Profits of Free Books: An Experiment to Measure the Impact of Open Access Publishing’. _Learned Publishing_ 23 (4), 293–301
* Swartz, A. (2008) _Guerilla Open Access Manifesto_ [online] available from [31 May 2015]
Murtaugh
A bag but is language nothing of words
2016
In text indexing and other machine reading applications the term "bag of
words" is frequently used to underscore how processing algorithms often
represent text using a data structure (word histograms or weighted vectors)
where the original order of the words in sentence form is stripped away. While
"bag of words" might well serve as a cautionary reminder to programmers of the
essential violence perpetrated to a text and a call to critically question the
efficacy of methods based on subsequent transformations, the expression's use
seems in practice more like a badge of pride or a schoolyard taunt that would
go: Hey language: you're nothin' but a big BAG-OF-WORDS.
## Bag of words
In information retrieval and other so-called _machine-reading_ applications
(such as text indexing for web search engines) the term "bag of words" is used
to underscore how in the course of processing a text the original order of the
words in sentence form is stripped away. The resulting representation is then
a collection of each unique word used in the text, typically weighted by the
number of times the word occurs.
Bag of words, also known as word histograms or weighted term vectors, are a
standard part of the data engineer's toolkit. But why such a drastic
transformation? The utility of "bag of words" is in how it makes text amenable
to code, first in that it's very straightforward to implement the translation
from a text document to a bag of words representation. More significantly,
this transformation then opens up a wide collection of tools and techniques
for further transformation and analysis purposes. For instance, a number of
libraries available in the booming field of "data sciences" work with "high
dimension" vectors; bag of words is a way to transform a written document into
a mathematical vector where each "dimension" corresponds to the (relative)
quantity of each unique word. While physically unimaginable and abstract
(imagine each of Shakespeare's works as points in a 14 million dimensional
space), from a formal mathematical perspective, it's quite a comfortable idea,
and many complementary techniques (such as principle component analysis) exist
to reduce the resulting complexity.
What's striking about a bag of words representation, given is centrality in so
many text retrieval application is its irreversibility. Given a bag of words
representation of a text and faced with the task of producing the original
text would require in essence the "brain" of a writer to recompose sentences,
working with the patience of a devoted cryptogram puzzler to draw from the
precise stock of available words. While "bag of words" might well serve as a
cautionary reminder to programmers of the essential violence perpetrated to a
text and a call to critically question the efficacy of methods based on
subsequent transformations, the expressions use seems in practice more like a
badge of pride or a schoolyard taunt that would go: Hey language: you're
nothing but a big BAG-OF-WORDS. Following this spirit of the term, "bag of
words" celebrates a perfunctory step of "breaking" a text into a purer form
amenable to computation, to stripping language of its silly redundant
repetitions and foolishly contrived stylistic phrasings to reveal a purer
inner essence.
## Book of words
Lieber's Standard Telegraphic Code, first published in 1896 and republished in
various updated editions through the early 1900s, is an example of one of
several competing systems of telegraph code books. The idea was for both
senders and receivers of telegraph messages to use the books to translate
their messages into a sequence of code words which can then be sent for less
money as telegraph messages were paid by the word. In the front of the book, a
list of examples gives a sampling of how messages like: "Have bought for your
account 400 bales of cotton, March delivery, at 8.34" can be conveyed by a
telegram with the message "Ciotola, Delaboravi". In each case the reduction of
number of transmitted words is highlighted to underscore the efficacy of the
method. Like a dictionary or thesaurus, the book is primarily organized around
key words, such as _act_ , _advice_ , _affairs_ , _bags_ , _bail_ , and
_bales_ , under which exhaustive lists of useful phrases involving the
corresponding word are provided in the main pages of the volume. [1]
> [...] my focus in this chapter is on the inscription technology that grew
parasitically alongside the monopolistic pricing strategies of telegraph
companies: telegraph code books. Constructed under the bywords “economy,”
“secrecy,” and “simplicity,” telegraph code books matched phrases and words
with code letters or numbers. The idea was to use a single code word instead
of an entire phrase, thus saving money by serving as an information
compression technology. Generally economy won out over secrecy, but in
specialized cases, secrecy was also important.[2]
In Katherine Hayles' chapter devoted to telegraph code books she observes how:
> The interaction between code and language shows a steady movement away from
a human-centric view of code toward a machine-centric view, thus anticipating
the development of full-fledged machine codes with the digital computer. [3]
[](/wiki/index.php?title=File:Liebers_P1016851.JPG)
Aspects of this transitional moment are apparent in a notice included
prominently inserted in the Lieber's code book:
> After July, 1904, all combinations of letters that do not exceed ten will
pass as one cipher word, provided that it is pronounceable, or that it is
taken from the following languages: English, French, German, Dutch, Spanish,
Portuguese or Latin -- International Telegraphic Conference, July 1903 [4]
Conforming to international conventions regulating telegraph communication at
that time, the stipulation that code words be actual words drawn from a
variety of European languages (many of Lieber's code words are indeed
arbitrary Dutch, German, and Spanish words) underscores this particular moment
of transition as reference to the human body in the form of "pronounceable"
speech from representative languages begins to yield to the inherent potential
for arbitrariness in digital representation.
What telegraph code books do is remind us of is the relation of language in
general to economy. Whether they may be economies of memory, attention, costs
paid to a telecommunicatons company, or in terms of computer processing time
or storage space, encoding language or knowledge in any form of writing is a
form of shorthand and always involves an interplay with what one expects to
perform or "get out" of the resulting encoding.
> Along with the invention of telegraphic codes comes a paradox that John
Guillory has noted: code can be used both to clarify and occlude. Among the
sedimented structures in the technological unconscious is the dream of a
universal language. Uniting the world in networks of communication that
flashed faster than ever before, telegraphy was particularly suited to the
idea that intercultural communication could become almost effortless. In this
utopian vision, the effects of continuous reciprocal causality expand to
global proportions capable of radically transforming the conditions of human
life. That these dreams were never realized seems, in retrospect, inevitable.
[5]
Far from providing a universal system of encoding messages in the English
language, Lieber's code is quite clearly designed for the particular needs and
conditions of its use. In addition to the phrases ordered by keywords, the
book includes a number of tables of terms for specialized use. One table lists
a set of words used to describe all possible permutations of numeric grades of
coffee (Choliam = 3,4, Choliambos = 3,4,5, Choliba = 4,5, etc.); another table
lists pairs of code words to express the respective daily rise or fall of the
price of coffee at the port of Le Havre in increments of a quarter of a Franc
per 50 kilos ("Chirriado = prices have advanced 1 1/4 francs"). From an
archaeological perspective, the Lieber's code book reveals a cross section of
the needs and desires of early 20th century business communication between the
United States and its trading partners.
The advertisements lining the Liebers Code book further situate its use and
that of commercial telegraphy. Among the many advertisements for banking and
law services, office equipment, and alcohol are several ads for gun powder and
explosives, drilling equipment and metallurgic services all with specific
applications to mining. Extending telegraphy's formative role for ship-to-
shore and ship-to-ship communication for reasons of safety, commercial
telegraphy extended this network of communication to include those parties
coordinating the "raw materials" being mined, grown, or otherwise extracted
from overseas sources and shipped back for sale.
## "Raw data now!"
From [La ville intelligente - Ville de la connaissance](/wiki/index.php?title
=La_ville_intelligente_-_Ville_de_la_connaissance "La ville intelligente -
Ville de la connaissance"):
Étant donné que les nouvelles formes modernistes et l'utilisation de matériaux
propageaient l'abondance d'éléments décoratifs, Paul Otlet croyait en la
possibilité du langage comme modèle de « [données
brutes](/wiki/index.php?title=Bag_of_words "Bag of words") », le réduisant aux
informations essentielles et aux faits sans ambiguïté, tout en se débarrassant
de tous les éléments inefficaces et subjectifs.
From [The Smart City - City of Knowledge](/wiki/index.php?title
=The_Smart_City_-_City_of_Knowledge "The Smart City - City of Knowledge"):
As new modernist forms and use of materials propagated the abundance of
decorative elements, Otlet believed in the possibility of language as a model
of '[raw data](/wiki/index.php?title=Bag_of_words "Bag of words")', reducing
it to essential information and unambiguous facts, while removing all
inefficient assets of ambiguity or subjectivity.
> Tim Berners-Lee: [...] Make a beautiful website, but first give us the
unadulterated data, we want the data. We want unadulterated data. OK, we have
to ask for raw data now. And I'm going to ask you to practice that, OK? Can
you say "raw"?
>
> Audience: Raw.
>
> Tim Berners-Lee: Can you say "data"?
>
> Audience: Data.
>
> TBL: Can you say "now"?
>
> Audience: Now!
>
> TBL: Alright, "raw data now"!
>
> [...]
>
> So, we're at the stage now where we have to do this -- the people who think
it's a great idea. And all the people -- and I think there's a lot of people
at TED who do things because -- even though there's not an immediate return on
the investment because it will only really pay off when everybody else has
done it -- they'll do it because they're the sort of person who just does
things which would be good if everybody else did them. OK, so it's called
linked data. I want you to make it. I want you to demand it. [6]
## Un/Structured
As graduate students at Stanford, Sergey Brin and Lawrence (Larry) Page had an
early interest in producing "structured data" from the "unstructured" web. [7]
> The World Wide Web provides a vast source of information of almost all
types, ranging from DNA databases to resumes to lists of favorite restaurants.
However, this information is often scattered among many web servers and hosts,
using many different formats. If these chunks of information could be
extracted from the World Wide Web and integrated into a structured form, they
would form an unprecedented source of information. It would include the
largest international directory of people, the largest and most diverse
databases of products, the greatest bibliography of academic works, and many
other useful resources. [...]
>
> **2.1 The Problem**
> Here we define our problem more formally:
> Let D be a large database of unstructured information such as the World
Wide Web [...] [8]
In a paper titled _Dynamic Data Mining_ Brin and Page situate their research
looking for _rules_ (statistical correlations) between words used in web
pages. The "baskets" they mention stem from the origins of "market basket"
techniques developed to find correlations between the items recorded in the
purchase receipts of supermarket customers. In their case, they deal with web
pages rather than shopping baskets, and words instead of purchases. In
transitioning to the much larger scale of the web, they describe the
usefulness of their research in terms of its computational economy, that is
the ability to tackle the scale of the web and still perform using
contemporary computing power completing its task in a reasonably short amount
of time.
> A traditional algorithm could not compute the large itemsets in the lifetime
of the universe. [...] Yet many data sets are difficult to mine because they
have many frequently occurring items, complex relationships between the items,
and a large number of items per basket. In this paper we experiment with word
usage in documents on the World Wide Web (see Section 4.2 for details about
this data set). This data set is fundamentally different from a supermarket
data set. Each document has roughly 150 distinct words on average, as compared
to roughly 10 items for cash register transactions. We restrict ourselves to a
subset of about 24 million documents from the web. This set of documents
contains over 14 million distinct words, with tens of thousands of them
occurring above a reasonable support threshold. Very many sets of these words
are highly correlated and occur often. [9]
## Un/Ordered
In programming, I've encountered a recurring "problem" that's quite
symptomatic. It goes something like this: you (the programmer) have managed to
cobble out a lovely "content management system" (either from scratch, or using
any number of helpful frameworks) where your user can enter some "items" into
a database, for instance to store bookmarks. After this ordered items are
automatically presented in list form (say on a web page). The author: It's
great, except... could this bookmark come before that one? The problem stems
from the fact that the database ordering (a core functionality provided by any
database) somehow applies a sorting logic that's almost but not quite right. A
typical example is the sorting of names where details (where to place a name
that starts with a Norwegian "Ø" for instance), are language-specific, and
when a mixture of languages occurs, no single ordering is necessarily
"correct". The (often) exascerbated programmer might hastily add an additional
database field so that each item can also have an "order" (perhaps in the form
of a date or some other kind of (alpha)numerical "sorting" value) to be used
to correctly order the resulting list. Now the author has a means, awkward and
indirect but workable, to control the order of the presented data on the start
page. But one might well ask, why not just edit the resulting listing as a
document? Not possible! Contemporary content management systems are based on a
data flow from a "pure" source of a database, through controlling code and
templates to produce a document as a result. The document isn't the data, it's
the end result of an irreversible process. This problem, in this and many
variants, is widespread and reveals an essential backwardness that a
particular "computer scientist" mindset relating to what constitutes "data"
and in particular it's relationship to order that makes what might be a
straightforward question of editing a document into an over-engineered
database.
Recently working with Nikolaos Vogiatzis whose research explores playful and
radically subjective alternatives to the list, Vogiatzis was struck by how
from the earliest specifications of HTML (still valid today) have separate
elements (OL and UL) for "ordered" and "unordered" lists.
> The representation of the list is not defined here, but a bulleted list for
unordered lists, and a sequence of numbered paragraphs for an ordered list
would be quite appropriate. Other possibilities for interactive display
include embedded scrollable browse panels. [10]
Vogiatzis' surprise lay in the idea of a list ever being considered
"unordered" (or in opposition to the language used in the specification, for
order to ever be considered "insignificant"). Indeed in its suggested
representation, still followed by modern web browsers, the only difference
between the two visually is that UL items are preceded by a bullet symbol,
while OL items are numbered.
The idea of ordering runs deep in programming practice where essentially
different data structures are employed depending on whether order is to be
maintained. The indexes of a "hash" table, for instance (also known as an
associative array), are ordered in an unpredictable way governed by a
representation's particular implementation. This data structure, extremely
prevalent in contemporary programming practice sacrifices order to offer other
kinds of efficiency (fast text-based retrieval for instance).
## Data mining
In announcing Google's impending data center in Mons, Belgian prime minister
Di Rupo invoked the link between the history of the mining industry in the
region and the present and future interest in "data mining" as practiced by IT
companies such as Google.
Whether speaking of bales of cotton, barrels of oil, or bags of words, what
links these subjects is the way in which the notion of "raw material" obscures
the labor and power structures employed to secure them. "Raw" is always
relative: "purity" depends on processes of "refinement" that typically carry
social/ecological impact.
Stripping language of order is an act of "disembodiment", detaching it from
the acts of writing and reading. The shift from (human) reading to machine
reading involves a shift of responsibility from the individual human body to
the obscured responsibilities and seemingly inevitable forces of the
"machine", be it the machine of a market or the machine of an algorithm.
From [X = Y](/wiki/index.php?title=X_%3D_Y "X = Y"):
Still, it is reassuring to know that the products hold traces of the work,
that even with the progressive removal of human signs in automated processes,
the workers' presence never disappears completely. This presence is proof of
the materiality of information production, and becomes a sign of the economies
and paradigms of efficiency and profitability that are involved.
The computer scientists' view of textual content as "unstructured", be it in a
webpage or the OCR scanned pages of a book, reflect a negligence to the
processes and labor of writing, editing, design, layout, typesetting, and
eventually publishing, collecting and cataloging [11].
"Unstructured" to the computer scientist, means non-conformant to particular
forms of machine reading. "Structuring" then is a social process by which
particular (additional) conventions are agreed upon and employed. Computer
scientists often view text through the eyes of their particular reading
algorithm, and in the process (voluntarily) blind themselves to the work
practices which have produced and maintain these "resources".
Berners-Lee, in chastising his audience of web publishers to not only publish
online, but to release "unadulterated" data belies a lack of imagination in
considering how language is itself structured and a blindness to the need for
more than additional technical standards to connect to existing publishing
practices.
Last Revision: 2*08*2016
1. ↑ Benjamin Franklin Lieber, Lieber's Standard Telegraphic Code, 1896, New York;
2. ↑ Katherine Hayles, "Technogenesis in Action: Telegraph Code Books and the Place of the Human", How We Think: Digital Media and Contemporary Technogenesis, 2006
3. ↑ Hayles
4. ↑ Lieber's
5. ↑ Hayles
6. ↑ Tim Berners-Lee: The next web, TED Talk, February 2009
7. ↑ "Research on the Web seems to be fashionable these days and I guess I'm no exception." from Brin's [Stanford webpage](http://infolab.stanford.edu/~sergey/)
8. ↑ Extracting Patterns and Relations from the World Wide Web, Sergey Brin, Proceedings of the WebDB Workshop at EDBT 1998,
9. ↑ Dynamic Data Mining: Exploring Large Rule Spaces by Sampling; Sergey Brin and Lawrence Page, 1998; p. 2
10. ↑ Hypertext Markup Language (HTML): "Internet Draft", Tim Berners-Lee and Daniel Connolly, June 1993,
11. ↑
Bodo
A Short History of the Russian Digital Shadow Libraries
2014
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A short history of the Russian digital shadow libraries
Balazs Bodo, Institute for Information Law, University of Amsterdam
“What I see as a consequence of the free educational book distribution: in decades generations of people
everywhere in the World will grow with the access to the best explained scientific texts of all times.
[…]The quality and accessibility of education to poors will drastically grow too. Frankly, I'm seeing this as
the only way to naturally improve mankind: by breeding people with all the information given to them at
any time.” – Anonymous admin of Aleph, explaining the reason d’étre of the site
Abstract
RuNet, the Russian segment of the internet is now the home of the most comprehensive scientific pirate
libraries on the net. These sites offer free access to hundreds of thousands of books and millions of
journal articles. In this contribution we try to understand the factors that led to the development of
these sites, and the sociocultural and legal conditions that enable them to operate under hostile legal
and political conditions. Through the reconstruction of the micro-histories of peer produced online text
collections that played a central role in the history of RuNet, we are able to link the formal and informal
support for these sites to the specific conditions developed under the Soviet and post Soviet times.
(pirate) libraries on the net
The digitization and collection of texts was one of the very first activities enabled by computers. Project
Gutenberg, the first in line of digital libraries was established as early as 1971. By the early nineties, a
number of online electronic text archives emerged, all hoping to finally realize the dream that was
chased by humans every since the first library: the collection of everything (Battles, 2004), the Memex
(Bush, 1945), the Mundaneum (Rieusset-Lemarié, 1997), the Library of Babel (Borges, 1998). It did not
take long to realize that the dream was still beyond reach: the information storage and retrieval
technology might have been ready, but copyright law, for the foreseeable future was not. Copyright
protection and enforcement slowly became one of the most crucial issues around digital technologies.
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And as that happened, the texts, which were archived without authorization were purged from the
budding digital collections. Those that survived complete deletion were moved into the dark, locked
down sections of digital libraries that sometimes still lurk behind the law-abiding public façades. Hopes
for a universal digital library can be built was lost in just a few short years as those who tried it (such as
Google or Hathitrust) got bogged down in endless court battles.
There are unauthorized texts collections circulating on channels less susceptible to enforcement, such as
DVDs, torrents, or IRC channels. But the technical conditions of these distribution channels do not enable
the development of a library. Two of the most essential attributes of any proper library: the catalogue
and the community are hard to provide on such channels. The catalog doesn’t just organize the
knowledge stored in the collection; it is not just a tool of searching and browsing. It is a critical
component in the organization of the community of “librarians” who preserve and nourish the
collection. The catalog is what distinguishes an unstructured heap of computer files from a wellmaintained library, but it is the same catalog, which makes shadow libraries, unauthorized texts
collections an easy target of law enforcement. Those few digital online libraries that dare to provide
unauthorized access to texts in an organized manner, such as textz.org, a*.org, monoskop or Gigapedia/
library.nu, all had their bad experiences with law enforcement and rights holder dismay.
Of these pirate libraries, Gigapedia—later called Library.nu—was the largest at the turn of the 2010’s. At
its peak, it was several orders of magnitudes bigger than its peers, offering access to nearly a million
English language documents. It was not just size that made Gigapedia unique. Unlike most sites, it
moved beyond its initial specialization in scientific texts to incorporate a wide range of academic
disciplines. Compared to its peers, it also had a highly developed central metadata database, which
contained bibliographic details on the collection and also, significantly, on gaps in the collection, which
underpinned a process of actively solicited contributions from users. With the ubiquitous
scanner/copiers, the production of book scans was as easy as copying them, thus the collection grew
rapidly.
Gigapedia’s massive catalog made the site popular, which in turn made it a target. In early 2012, a group
of 17 publishers was granted an injunction against the site (now called Library.nu; and against iFile.it—
the hosting site that stored most of Library.nu’s content). Unlike the record and movie companies,
which had collaborated on dozens of lawsuits over the past decade, the Library.nu injunction and lawsuit
were the first coordinated publisher actions against a major file-sharing site, and the first to involve
major university publishers in particular. Under the injunction, the Library.nu adminstrators closed the
site. The collection disappeared and the community around it dispersed. (Liang, 2012)
Gigapedia’s collection was integrated into Aleph’s predominantly Russian language collection before the
shutdown, making Aleph the natural successor of Gigapedia/library.nu.
Libraries in the RuNet
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Electronic copy available at: http://ssrn.com/abstract=2616631
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The search soon zeroed in on a number of sites with strong hints to their Russian origins. Sites like Aleph,
[sc], [fi], [os] are open, completely free to use, and each offers access to a catalog comparable to the late
Gigapedia’s.
The similarity of these seemingly distinct services is no coincidence. These sites constitute a tightly knit
network, in which Aleph occupies the central position. Aleph, as its name suggests, is the source library,
it aims to seed of all scientific digital libraries on the net. Its mission is simple and straightforward. It
collects free-floating scientific texts and other collections from the Internet and consolidates them (both
content and metadata) into a single, open database. Though ordinary users can search the catalog and
retrieve the texts, its main focus is the distribution of the catalog and the collection to anyone who
wants to build services upon them. Aleph has regularly updated links that point to its own, neatly packed
source code, its database dump, and to the terabytes worth of collection. It is a knowledge infrastructure
that can be freely accessed, used and built upon by anyone. This radical openness enables a number of
other pirate libraries to offer Aleph’s catalogue along with books coming from other sources. By
mirroring Aleph they take over tasks that the administrators of Aleph are unprepared or unwilling to do.
Handling much of the actual download traffic they relieve Aleph from the unavoidable investment in
servers and bandwidth, which, in turn puts less pressure on Aleph to engage in commercial activities to
finance its operation. While Aleph stays in the background, the network of mirrors compete for
attention, users and advertising revenue as their design, business model, technical sophistication is finetuned to the profile of their intended target audience.
This strategy of creating an open infrastructure serves Aleph well. It ensures the widespread distribution
of books while it minimizes (legal) exposure. By relinquishing control, Aleph also ensures its own longterm survival, as it is copied again and again. In fact, openness is the core element in the philosophy of
Aleph, which was summed up by one of its administrators as to:
“- collect valuable science/technology/math/medical/humanities academic literature. That is,
collect humanity's valuable knowledge in digital form. Avoid junky books. Ignore "bestsellers".
- build a community of people who share knowledge, improve quality of books, find good and
valuable books, and correct errors.
- share the files freely, spreading the knowledge altruistically, not trying to make money, not
charging money for knowledge. Here people paid money for many books that they considered
valuable and then shared here on [Aleph], for free. […]
This is the true spirit of the [Aleph] project.”
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Reading, publishing, censorship and libraries in Soviet-Russia
“[T]he library of the Big Lubyanka was unique. In all probability it had been assembled out of confiscated
private libraries. The bibliophiles who had collected those books had already rendered up their souls to
God. But the main thing was that while State Security had been busy censoring and emasculating all the
libraries of the nation for decades, it forgot to dig in its own bosom. Here, in its very den, one could read
Zamyatin, Pilnyak, Panteleimon Romanov, and any volume at all of the complete works of Merezhkovsky.
(Some people wisecracked that they allowed us to read forbidden books because they already regarded
us as dead. But I myself think that the Lubyanka librarians hadn't the faintest concept of what they were
giving us—they were simply lazy and ignorant.)”
(Solzhenitsyn, 1974)
In order to properly understand the factors that shaped Russian pirate librarians’ and their wider
environments’ attitudes towards bottom-up, collaborative, copyright infringing open source digital
librarianship, we need to go back nearly a century and take a close look at the specific social and political
conditions of the Soviet times that shaped the contemporary Russian intelligentsia’s attitudes towards
knowledge.
The communist ideal of a reading nation
Russian culture always had a reverence for the printed word, and the Soviet state, with its Leninist
program of mass education further stressed the idea of the educated, reading public. As Stelmach (1993)
put it:
Reading almost transplanted religion as a sacred activity: in the secularized socialist state, where the
churches were closed, the free press stifled and schools and universities politicized, literature became the
unique source of moral truth for the population. Writers were considered teachers and prophets.
The Soviet Union was a reading culture: in the last days of the USSR, a quarter of the adult population
were considered active readers, and almost everyone else categorized as an occasional reader. Book
prices were low, alternative forms of entertainment were scarce, and people were poor, making reading
one of the most attractive leisure activities.
The communist approach towards intellectual property protection reflected the idea of the reading
nation. The Soviet Union inherited a lax and isolationist copyright system from the tsarist Russia. Neither
the tsarist Russian state nor the Soviet state adhered to international copyright treaties, nor did they
enter into bilateral treaties. Tsarist Russia’s refusal to grant protection to foreign authors and
translations had primarily an economic rationale. The Soviet regime added a strong ideological claim:
granting exclusive ownership to authors was against the interests of the reading public, and “the cultural
development of the masses,” and only served the private interests of authors and heirs.
“If copyright had an economic function, that was only as a right of remuneration for his contribution to
the extension of the socialist art heritage. If copyright had a social role, this was not to protect the author
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from the economically stronger exploiter, but was one of the instruments to get the author involved in
the great communist educational project.” (Elst, 2005, p 658)
The Soviet copyright system, even in its post-revolutionary phase, maintained two persistent features
that served as important instruments of knowledge dissemination. First, the statutorily granted
“freedom of translation” meant that translation was treated as an exception to copyright, which did not
require rights holder authorization. This measure dismantled a significant barrier to access in a
multicultural and multilingual empire. By the same token, the denial of protection to foreign authors and
rights holders eased the imports of foreign texts (after, of course the appropriate censorship review).
Due to these instruments:
“[s]oon after its founding, the Soviet Union became as well the world's leading literary pirate, not only
publishing in translation the creations of its own citizens but also publishing large numbers of copies of
the works of Western authors both in translation and in the original language.” (Newcity, 1980, p 6.)
Looking simply at the aggregate numbers of published books, the USSR had an impressive publishing
industry on a scale appropriate to a reading nation. Between 1946 and 1970 more than 1 billion copies of
over 26 thousand different work were published, all by foreign authors (Newcity, 1978). In 1976 alone,
more than 1.7 billion copies of 84,304 books were printed. (Friedberg, Watanabe, & Nakamoto, 1984, fn
4.)
Of course these impressive numbers reflected neither a healthy public sphere, nor a well-functioning
print ecology. The book-based public sphere was both heavily censored and plagued by the peculiar
economic conditions of the Soviet, and later the post-Soviet era.
Censorship
The totalitarian Soviet state had many instruments to control the circulation of literary and scientific
works. 1 Some texts never entered official circulation in the first hand: “A particularly harsh
prepublication censorship [affected] foreign literature, primarily in the humanities and socioeconomic
disciplines. Books on politics, international relations, sociology, philosophy, cybernetics, semiotics,
linguistics, and so on were hardly ever published.” (Stelmakh, 2001, p 145.)
Many ‘problematic’ texts were only put into severely limited circulation. Books were released in small
print runs; as in-house publications, or they were only circulated among the trustworthy few. As the
resolution of the Central Committee of the Communist Party of June 4, 1959, stated: “Writings by
bourgeois authors in the fields of philosophy, history, economics, diplomacy, and law […] are to be
published in limited quantities after the excision from them of passages of no scholarly or practical
1
We share Helen Freshwater’s (2003) approach that censorship is a more complex phenomenon than the state just
blocking the circulation of certain texts. Censorship manifested itself in more than one ways and its dominant
modus operandi, institutions, extent, focus, reach, effectiveness showed extreme variations over time. This short
chapter however cannot go into the intricate details of the incredibly rich history of censorship in the Soviet Union.
Instead, through much simplification we try to demonstrate that censorship did not only affect literary works, but
extended deep into scholarly publishing, including natural science disciplines.
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interest. They are to be supplied with extensive introductions and detailed annotations." (quoted in
Friedberg et al., 1984)
Truncation and mutilation of texts was also frequent. Literary works and texts from humanities and
social sciences were obvious subjects of censorship, but natural sciences and technical fields did not
escape:
“In our film studios we received an American technical journal, something like Cinema, Radio and
Television. I saw it on the chief engineer's desk and noticed that it had been reprinted in Moscow.
Everything undesirable, including advertisements, had been removed, and only those technical articles
with which the engineer could be trusted were retained. Everything else, even whole pages, was missing.
This was done by a photo copying process, but the finished product appeared to be printed.” (Dewhirst &
Farrell, 1973, p. 127)
Mass cultural genres were also subject to censorship and control. Women's fiction, melodrama, comics,
detective stories, and science fiction were completely missing or heavily underrepresented in the mass
market. Instead, “a small group of officially approved authors […] were published in massive editions
every year, [and] blocked readers' access to other literature. […]Soviet literature did not fit the formula
of mass culture and was simply bad literature, but it was issued in huge print-runs.” (Stelmakh, 2001, p.
150)
Libraries were also important instruments of censorship. When not destroyed altogether, censored
works ended up in the spetskhrans, limited access special collections established in libraries to contain
censored works. Besides obvious candidates such as anti-Soviet works and western ‘bourgeois’
publications, many scientific works from the fields of biology, nuclear physics, psychology, sociology,
cybernetics, and genetics ended up in these closed collections (Ryzhak, 2005). Access to the spetskhrans
was limited to those with special permits issued by their employers. “Only university educated readers
were enrolled and only those holding positions of at least junior scientific workers were allowed to read
the publications kept by the spetskhran” (Ryzhak, 2005). In the last years of the USSR, the spetskhran of
the Russian State Library—the largest of them with more than 1 million items in the collection—had 43
seats for its roughly 4500 authorized readers. Yearly circulation was around 200,000 items, a figure that
included “the history and literature of other countries, international relations, science of law, technical
sciences and others.” (Ryzhak, 2005)
Librarians thus played a central role in the censorship machinery. They did more than guard the contents
of limited-access collections and purge the freely accessible stocks according to the latest Party
directives. As the intermediaries between the readers and the closed stacks, their task was to carefully
guide readers’ interests:
“In the 1970s, among the staff members of the service department of the Lenin State Library of the
U.S.S.R., there were specially appointed persons-"politcontrollers"-who, apart from their regular
professional functions, had to perform additional control over the literature lent from the general stocks
(not from the restricted access collections), thus exercising censorship over the percolation of avant-garde
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aesthetics to the reader, the aesthetics that introduced new ways of thinking and a new outlook on life
and social behavior.” (Stelmakh, 2001)
Librarians also used library cards and lending histories to collect and report information on readers and
suspicious reading habits.
Soviet economic dysfunction also severely limited access to printed works. Acute and chronic shortages
of even censor-approved texts were common, both on the market and in libraries. When the USSR
joined its first first international copyright treaty in its history in 1973 (the UNESCO-backed Universal
Copyright Convention), which granted protection to foreign authors and denied “freedom of
translation,” the access problems only got worse. Soviet concern that granting protection to foreign
authors would result in significant royalty payments to western rightsholders proved valid. By 1976, the
yearly USSR trade deficit in publishing reached a million rubles (~5.5 million current USD) (Levin, 1983, p.
157). This imbalance not only affected the number of publications that were imported into the cashpoor country, but also raised the price of translated works to the double that of Russian-authored books
(Levin, 1983, p. 158).
The literary and scientific underground in Soviet times
Various practices and informal institutions evolved to address the problems of access. Book black
markets flourished: “In the 1970s and 1980s the black market was an active part of society. Buying books
directly from other people was how 35 percent of Soviet adults acquired books for their own homes, and
68 percent of families living in major cities bought books only on the black market.” (Stelmakh, 2001, p
146). Book copying and hoarding was practiced to supplement the shortages:
“People hoarded books: complete works of Pushkin, Tolstoy or Chekhov. You could not buy such things.
So you had the idea that it is very important to hoard books. High-quality literary fiction, high quality
science textbooks and monographs, even biographies of famous people (writers, scientists, composers,
etc.) were difficult to buy. You could not, as far as I remember, just go to a bookstore and buy complete
works of Chekhov. It was published once and sold out and that's it. Dostoyevsky used to be prohibited in
the USSR, so that was even rarer. Lots of writers were prohibited, like Nabokov. Eventually Dostoyevsky
was printed in the USSR, but in very small numbers.
And also there were scientists who wanted scientific books and also could not get them. Mathematics
books, physics - only very few books were published every year, you can't compare this with the market in
the U.S. Russian translations of classical monographs in mathematics were difficult to find.
So, in the USSR, everyone who had a good education shared the idea that hoarding books is very, very
important, and did just that. If someone had free access to a Xerox machine, they were Xeroxing
everything in sight. A friend of mine had entire room full of Xeroxed books.”2
From the 1960s onwards, the ever-growing Samizdat networks tried to counterbalance the effects of
censorship and provide access to both censored classics and information on the current state of Soviet
2
Anonymous source #1
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society. Reaching a readership of around 200,000, these networks operated in a networked, bottom-up
manner. Each node in the chain of distribution copied the texts it received, and distributed the copies.
The nodes also carried information backwards, towards the authors of the samizdat publications.
In the immediate post-Soviet political turmoil and economic calamity, access to print culture did not get
any easier. Censorship officially ended, but so too did much of the funding for the state-funded
publishing sector. Mass unemployment, falling wages, and the resulting loss of discretionary income did
not facilitate the shift toward market-based publishing models. The funding of libraries also dwindled,
limiting new acquisitions (Elst, 2005, p. 299-300). Economic constraints took the place of political ones.
But in the absence of political repression, self-organizing efforts to address these constraints acquired
greater scope of action. Slowly, the informal sphere began to deliver alternative modes of access to
otherwise hard-to-get literary and scientific works.
Russian pirate libraries emerged from these enmeshed contexts: communist ideologies of the reading
nation and mass education; the censorship of texts; the abused library system; economic hardships and
dysfunctional markets, and, most importantly, the informal practices that ensured the survival of
scholarship and literary traditions under hostile political and economic conditions. The prominent place
of Russian pirate libraries in the larger informal media economy—and of Russian piracy of music, film,
and other copyrighted work more generally—cannot be understood outside this history.
The emergence of DIY digital libraries in RuNet
The copying of censored and uncensored works (by hand, by typewriters, by photocopying or by
computers), the hoarding of copied texts, the buying and selling of books on the black market, and the
informal, peer-to-peer distribution of samizdat material were integral parts of the everyday experience
of much of educated Soviet and post-Soviet readers. The building and maintenance of individual
collections and the participation in the informal networks of exchange offered a sense of political,
economic and cultural agency—especially as the public institutions that supported the core professions
of the intelligentsia fell into sustained economic crisis.
Digital technologies were embraced by these practices as soon as they appeared:
"From late 1970s, when first computers became used in the USSR and printers became available,
people started to print forbidden books, or just books that were difficult to find, not necessarily
forbidden. I have seen myself a print-out on a mainframe computer of a science fiction novel,
printed in all caps! Samizdat was printed on typewriters, xeroxed, printed abroad and xeroxed, or
printed on computers. Only paper circulated, files could not circulate until people started to have
PCs at home. As late as 1992 most people did not have a PC at home. So the only reason to type
a big text into a computer was to print it on paper many times.”3
People who worked in academic and research institutions were well positioned in this process: they had
access to computers, and many had access to the materials locked up in the spetskhrans. Many also had
3
Anonymous source #1
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the time and professional motivations to collect and share otherwise inaccessible texts. The core of
current digital collections was created in this late-Soviet/early post-Soviet period by such professionals.
Their home academic and scientific institutions continued to play an important role in the development
of digital text collections well into the era of home computing and the internet.
Digitized texts first circulated in printouts and later on optical/magnetic storage media. With the
emergence of digital networking these texts quickly found their way to the early Internet as well. The
first platform for digital text sharing was the Russian Fidonet, a network of BBS systems similar to
Usenet, which enabled the mass distribution of plain text files. The BBS boards, such as the Holy Spirit
BBS’ “SU.SF & F.FANDOM” group whose main focus was Soviet-Russian science fiction and fantasy
literature, connected fans around emerging collections of shared texts. As an anyonmous interviewee
described his experience in the early 1990s…
“Fidonet collected a large number of plaintext files in literature / fiction, mostly in Russian, of course.
Fidonet was almost all typed in by hand. […] Maybe several thousand of the most important books,
novels that "everyone must read" and such stuff. People typed in poetry, smaller prose pieces. I have
myself read a sci-fi novel printed on a mainframe, which was obviously typed in. This novel was by
Strugatski brothers. It was not prohibited or dissident, but just impossible to buy in the stores. These
were culturally important, cult novels, so people typed them in. […] At this point it became clear that
there was a lot of value in having a plaintext file with some novels, and the most popular novels were first
digitized in this way.”
The next stage in the text digitization started around 1994. By that time growing numbers of people had
computers, scanning peripherals, OCR software. Russian internet and PC penetration while extremely
low overall in the 1990s (0.1% of the population having internet access in 1994, growing to 8.3% by
2003), began to make inroads in educational and scientific institutions and among Moscow and
St.Petersburg elites, who were often the critical players in these networks. As access to technologies
increased a much wider array of people began to digitize their favorite texts, and these collections began
to circulate, first via CD-ROMs, later via the internet.
One of such collection belonged to Maxim Moshkov, who published his library under the name lib.ru in
1994. Moshkov was a graduate of the Moscow State University Department of Mechanics and
Mathematics, which played a large role in the digitization of scientific works. After graduation, he started
to work for the Scientific Research Institute of System Development, a computer science institute
associated with the Russian Academy of Sciences. He describes the early days of his collection as follows:
“ I began to collect electronic texts in 1990, on a desktop computer. When I got on the Internet in 1994, I
found lots of sites with texts. It was like a dream came true: there they were, all the desired books. But
these collections were in a dreadful state! Incompatible formats, different encodings, missing content. I
had to spend hours scouring the different sites and directories to find something.
As a result, I decided to convert all the different file-formats into a single one, index the titles of the books
and put them in thematic directories. I organized the files on my work computer. I was the main user of
my collection. I perfected its structure, made a simple, fast and convenient search interface and
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developed many other useful functions and put it all on the Internet. Soon, people got into the habit of
visiting the site. […]
For about 2 years I have scoured the internet: I sought out and pulled texts from the network, which were
lying there freely accessible. Slowly the library grew, and the audience increased with it. People started
to send books to me, because they were easier to read in my collection. And the time came when I
stopped surfing the internet for books: regular readers are now sending me the books. Day after day I get
about 100 emails, and 10-30 of them contain books. So many books were sent in, that I did not have time
to process them. Authors, translators and publishers also started to send texts. They all needed the
library.”(Мошков, 1999)
In the second half of the 1990’s, the Russian Internet—RuNet—was awash in book digitization projects.
With the advent of scanners, OCR technology, and the Internet, the work of digitization eased
considerably. Texts migrated from print to digital and sometimes back to print again. They circulated
through different collections, which, in turn, merged, fell apart, and re-formed. Digital libraries with the
mission to collect and consolidate these free-floating texts sprung up by the dozens.
Such digital librarianship was the antithesis of official Soviet book culture: it was free, bottom-up,
democratic, and uncensored. It also offered a partial remedy to problems created by the post-Soviet
collapse of the economy: the impoverishment of libraries, readers, and publishers. In this context, book
digitization and collecting also offered a sense of political, economic and cultural agency, with parallels
to the copying and distribution of texts in Soviet times. The capacity to scale up these practices coincided
with the moment when anti-totalitarian social sentiments were the strongest, and economic needs the
direst.
The unprecedented bloom of digital librarianship is the result of the superimposition of multiple waves
of distinct transformations: technological, political, economical and social. “Maksim Moshkov's Library”
was ground zero for this convergence and soon became a central point of exchange for the community
engaged in text digitization and collection:
[At the outset] there were just a couple of people who started scanning books in large quantities. Literally
hundreds of books. Others started proofreading, etc. There was a huge hole in the market for books.
Science fiction, adventure, crime fiction, all of this was hugely in demand by the public. So lib.ru was to a
large part the response, and was filled by those books that people most desired and most valued.
For years, lib.ru integrated as much as it could of the different digital libraries flourishing in the RuNet. By
doing so, it preserved the collections of the many short-lived libraries.
This process of collection slowed in the early 2000’s. By that time, lib.ru had all of the classics, resulting
in a decrease in the flow of new digitized material. By the same token, the Russian book market was
finally starting to offer works aimed at the popular mainstream, and was flooded by cheap romances,
astrology, crime fiction, and other genres. Such texts started to appear in, and would soon flood lib.ru.
Many contributors, including Moshkov, were concerned that such ephemera would dilute the original
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library. And so they began to disaggregate the collection. Self-published literature, “user generated
content,” and fan fiction was separated into the aptly named samizdat.lib.ru, which housed original texts
submitted by readers. Popular fiction--“low-brow literature”—was copied from the relevant subsections
of lib.ru and split off. Sites specializing in those genres quickly formed their own ecosystem. [L], the first
of its kind, now charges a monthly fee to provide access to the collection. The [f] community split off
from [L] the same way that [L] split off from lib.ru, to provide free and unrestricted access to a
fundamentally similar collection. Finally, some in the community felt the need to focus their efforts on a
separate collection of scientific works. This became Kolhoz collection.
The genesis of a million book scientific library
A Kolhoz (Russian: колхо́ з) was one of the types of collective farm that emerged in the early Soviet
period. In the early days, it was a self-governing, community-owned collaborative enterprise, with many
of the features of a commons. For the Russian digital librarians, these historical resonances were
intentional.
The kolhoz group was initially a community that scanned and processed scientific materials: books and,
occasionally, articles. The ethos was free sharing. Academic institutes in Russia were in dire need of
scientific texts; they xeroxed and scanned whatever they could. Usually, the files were then stored on the
institute's ftp site and could be downloaded freely. There were at least three major research institutes
that did this, back in early 2000s, unconnected to each other in any way, located in various faraway parts
of Russia. Most of these scans were appropriated by the kolhoz group and processed into DJVU4.
The sources of files for kolhoz were, initially, several collections from academic institutes (downloaded
whenever the ftp servers were open for anonymous access; in one case, from one of the institutes of the
Chinese academy of sciences, but mostly from Russian academic institutes). At that time (around 2002),
there were also several commercialized collections of scanned books on sale in Russia (mostly, these were
college-level textbooks on math and physics); these files were also all copied to kolhoz and processed into
DJVU. The focus was on collecting the most important science textbooks and monographs of all time, in
all fields of natural science.
There was never any commercial support. The kolhoz group never had a web site with a database, like
most projects today. They had an ftp server with files, and the access to ftp was given by PM in a forum.
This ftp server was privately supported by one of the members (who was an academic researcher, like
most kolhoz members). The files were distributed directly by burning files on writable DVDs and giving the
4
DJVU is a file format that revolutionized online book distribution the way mp3 revolutionized the online music
distribution. For books that contain graphs, images and mathematical formulae scanning is the only digitization
option. However, the large number of resulting image files is difficult to handle. The DJVU file format allows for the
images of scanned book pages to be stored in the smallest possible file size, which makes it the perfect medium for
the distribution of scanned e-books.
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DVDs away. Later, the ftp access was closed to the public, and only a temporary file-swapping ftp server
remained. Today the kolhoz DVD releases are mostly spread via torrents.” 5
Kolhoz amassed around fifty thousand documents, the mexmat collection of the Moscow State
University Department of Mechanics and Mathematics (Moshkov’s alma mater) was around the same
size, the “world of books” collection (mirknig) had around thirty thousand files, and there were around a
dozen other smaller archives, each with approximately 10 thousand files in their respective collections.
The Kolhoz group dominated the science-minded ebook community in Russia well into the late 2000’s.
Kolhoz, however, suffered from the same problems as the early Fidonet-based text collections. Since it
was distributed in DVDs, via ftp servers and on torrents, it was hard to search, it lacked a proper catalog
and it was prone to fragmentation. Parallel solutions soon emerged: around 2006-7, an existing book site
called Gigapedia copied the English books from Kolhoz, set up a catalog, and soon became the most
influential pirate library in the English speaking internet.
Similar cataloguing efforts soon emerged elsewhere. In 2007, someone on rutracker.ru, a Russian BBS
focusing on file sharing, posted torrent links to 91 DVDs containing science and technology titles
aggregated from various other Russian sources, including Kolhoz. This massive collection had no
categorization or particular order. But it soon attracted an archivist: a user of the forum started the
laborious task of organizing the texts into a usable, searchable format—first filtering duplicates and
organizing existing metadata first into an excel spreadsheet, and later moving to a more open, webbased database operating under the name Aleph.
Aleph inherited more than just books from Kolhoz and Moshkov’s lib.ru. It inherited their elitism with
regard to canonical texts, and their understanding of librarianship as a community effort. Like the earlier
sites, Aleph’s collections are complemented by a stream of user submissions. Like the other sites, the
number of submissions grew rapidly as the site’s visibility, reputation and trustworthiness was
established, and like the others it later fell, as more and more of what was perceived as canonical
literature was uploaded:
“The number of mankind’s useful books is about what we already have. So growth is defined by newly
scanned or issued books. Also, the quality of the collection is represented not by the number of books but
by the amount of knowledge it contains. [ALEPH] does not need to grow more and I am not the only one
among us who thinks so. […]
We have absolutely no idea who sends books in. It is practically impossible to know, because there are a
million books. We gather huge collections which eliminate any traces of the original uploaders.
My expectation is that new arrivals will dry up. Not completely, as I described above, some books will
always be scanned or rescanned (it nowadays happens quite surprisingly often) and the overall process of
digitization cannot and should not be stopped. It is also hard to say when the slowdown will occur: I
expected it about a year ago, but then library.nu got shut down and things changed dramatically in many
respects. Now we are "in charge" (we had been the largest anyways, just now everyone thinks we are in
5
Anonymous source #1
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charge) and there has been a temporary rise in the book inflow. At the moment, relatively small or
previously unseen collections are being integrated into [ALEPH]. Perhaps in a year it will saturate.
However, intuition is not a good guide. There are dynamic processes responsible for eBook availability. If
publishers massively digitize old books, they'll obviously be harvested and that will change the whole
picture.” 6
Aleph’s ambitions to create a universal library are limited , at least in terms of scope. It does not want to
have everything, or anything. What it wants is what is thought to be relevant by the community,
measured by the act of actively digitizing and sharing books. But it has created a very interesting strategy
to establish a library which is universal in terms of its reach. The administrators of Aleph understand that
Gigapedia’s downfall was due to its visibility and they wish to avoid that trap:
“Well, our policy, which I control as strictly as I can, is to avoid fame. Gigapedia's policy was to gain as
much fame as possible. Books should be available to you, if you need them. But let the rest of the world
stay in its equilibrium. We are taking great care to hide ourselves and it pays off.”7
They have solved the dilemma of providing access without jeopardizing their mission by open sourcing
the collection and thus allowing others to create widely publicized services that interface with the
public.They let others run the risk of getting famous.
Mirrors and communities
Aleph serves as a source archive for around a half-dozen freely accessible pirate libraries on the net. The
catalog database is downloadable, the content is downloadable, even the server code is downloadable.
No passwords are required to download and there are no gatekeepers. There are no obstacle to setting
up a similar library with a wider catalog, with improved user interface and better services, with a
different audience or, in fact, a different business model.
This arrangement creates a two-layered community. The core group of the Aleph admins maintains the
current service, while a loose and ever changing network of ‘mirror sites’ build on the Aleph
infrastructure.
“The unspoken agreement is that the mirrors support our ideas. Otherwise we simply do not interact with
them. If the mirrors do support this, they appear in the discussions, on the Web etc. in a positive context.
This is again about building a reputation: if they are reliable, we help with what we can, otherwise they
should prove the World they are good on their own. We do not request anything from them. They are free
to do anything they like. But if they do what we do not agree with, it'll be taken into account in future
relations. If you think for a while, there is no other democratic way of regulation: everyone expresses his
own views and if they conform with ours, we support them. If the ideology does not match, it breaks
down.”8
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The core Aleph team claims to exclusively control only two critical resources: the BBS that is the home of
the community, and the book-uploading interface. That claim is, however, not entirely accurate. For the
time being, the academic minded e-book community indeed gathers on the BBS managed by Aleph, and
though there is little incentive to move on, technically nothing stands in the way of alternatives to spring
up. As for the centralization of the book collection: many of the mirrors have their own upload pages
where one can contribute to a mirror’s collection, and it is not clear how or whether books that land at
one of the mirrors find their way back to the central database. Aleph also offers a desktop library
management tool, which enables dedicated librarians to see the latest Aleph database on their desktop
and integrate their local collections with the central database via this application. Nevertheless, it seems
that nothing really stands in the way of the fragmentation of the collection, apart from the willingness of
uploaders to contribute directly to Aleph rather than to one of its mirrors (or other sites).
Funding for Aleph comes from the administrators’ personal resources as well as occasional donations
when there is a need to buy or rent equipment or services:
“[W]e've been asking and getting support for this purpose for years. […] All our mirrors are supported
primarily from private pockets and inefficient donation schemes: they bring nothing unless a whole
campaign is arranged. I asked the community for donations 3 or 4 times, for a specific purpose only and
with all the budget spoken for. And after getting the requested amount of money we shut down the
donations.”9
Mirrors, however, do not need to be non-commercial to enjoy the support of the core Aleph community,
they just have to provide free access. Ad-supported business models that do not charge for individual
access are still acceptable to the community, but there has been serious fallout with another site, which
used the Aleph stock to seed its own library, but decided to follow a “collaborative piracy” business
approach.
“To make it utmost clear: we collaborate with anyone who shares the ideology of free knowledge
distribution. No conditions. [But] we can't suddenly start supporting projects that earn money. […]
Moreover, we've been tricked by commercial projects in the past when they used the support of our
community for their own benefit.”10
The site in question, [e], is based on a simple idea: If a user cannot find a book in its collection, the
administrators offer to purchase a digital or print copy, rip it, and sell it to the user for a fraction of the
original price—typically under $1. Payments are to be made in Amazon gift cards which make the
purchases easy but the de-anonymization of users difficult. [e] recoups its investment, in principle,
through resale. While clearly illegal, the logic is not that different from that of private subscription
libraries, which purchase a resource and distribute the costs and benefits among club members.
9
BBS comment posted on Jan 15, 2013
BBS comment posted on Jan 15, 2013
10
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Although from the rights holders’ perspective there is little difference between the two approaches,
many participants in the free access community draw a sharp line between the two, viewing the sales
model as a violation of community norms.
“[e] is a scam. They were banned in our forum. Yes, most of the books in [e] came from [ALEPH], because
[ALEPH] is open, but we have nothing to do with them... If you wish to buy a book, do it from legal
sources. Otherwise it must be free.[…]
What [e] wants:
- make money on ebook downloads, no matter what kind of ebooks.
- get books from all the easy sources - spend as little effort as possible on books - maximize profit.
- no need to build a community, no need to improve quality, no need to correct any errors - just put all
files in a big pile - maximize profit.
- files are kept in secret, never given away, there is no listing of files, there is no information about what
books are really there or what is being done.
There are very few similarities in common between [e]and [ALEPH], and these similarities are too
superficial to serve as a common ground for communication. […]
They run an illegal business, making a profit.”11
Aleph administrators describe a set of values that differentiates possible site models. They prioritize the
curatorial mission and the provision of long term free access to the collection with all the costs such a
position implies, such as open sourcing the collection, ignoring takedown requests, keeping a low profile,
refraining from commercial activities, and as a result, operating on a reduced budget . [e] prioritizes the
expansion of its catalogue on demand but that implies a commercial operation, a larger budget and the
associated high legal risk. Sites carrying Aleph’s catalogue prioritize public visibility, carry ads to cover
costs but respond to takedown requests to avoid as much trouble as they can. From the perspective of
expanding access, these are not easy or straightforward tradeoffs. In Aleph’s case, the strong
commitment to the mission of providing free access comes with significant sacrifices, the most important
of which is relinquishing control over its most valuable asset: its collection of 1.2 million scientific books.
But they believe that these costs are justified by the promise, that this way the fate of free access is not
tied to the fate of Aleph.
The fact that piratical file sharing communities are willing to make substantial sacrifices (in terms of selfrestraint) to ensure their long term survival has been documented in a number of different cases. (Bodó,
2013) Aleph is unique, however in its radical open source approach. No other piratical community has
given up all the control over itself entirely. This approach is rooted in the way how it regards the legal
status of its subject matter, i.e. scholarly publications in the first place. While norms of openness in the
field of scientific knowledge production were first formed in the Enlightenment period, Aleph’s
11
BBS comments posted on Jul 02, 2013, and Aug 25, 2013
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copynorms are as much shaped by the specificities of post-Soviet era as by the age old realization that in
science we can see further if we are allowed “standing on the shoulders of giants”.
Copyright and copynorms around Russian pirate libraries
The struggle to re-establish rightsholders’ control over digitized copyrighted works has defined the
copyright policy arena since Napster emerged in 1999. Russia brought a unique history to this conflict. In
Russia, digital libraries and their emerged in a period a double transformation: the post-Soviet copyright
system had to adopt global norms, while the global norms struggled to adapt to the emergence of digital
copying.
The first post-Soviet decade produced new copyright laws that conformed with some of the international
norms advocated by Western rightsholders, but little legal clarity or enforceability (Sezneva & Karaganis,
2011). Under such conditions, informally negotiated copynorms set in to fill the void of non-existent,
unreasonable, or unenforceable laws. The pirate libraries in the RuNet are as much regulated by such
norms as by the actual laws themselves.
During most of the 1990’s user-driven digitization and archiving was legal, or to be more exact, wasn’t
illegal. The first Russian copyright law, enacted in 1993, did not cover “internet rights” until a 2006
amendment (Budylin & Osipova, 2007; Elst, 2005, p. 425). As a result, many argued (including the
Moscow prosecutor’s office), that the distribution of copyrighted works via the internet was not
copyright infringement. Authors and publishers, who saw their works appear in digital form, and
circulated via CD-ROMs and the internet, had to rely on informal norms, still in development, to establish
control over their texts vis-à-vis enthusiastic collectors and for-profit entrepreneurs.
The HARRYFAN CD was one of the early examples of a digital text collection in circulation before internet
access was widespread. The CD contained around ten thousand texts, mostly Russian science fiction. It
was compiled in 1997 by Igor Zagumenov, a book enthusiast, from the texts that circulated on the Holy
Spirit BBS. The CD was a non-profit project, planned to be printed and sold in around 1000 copies.
Zagumenov did get in touch with some of the authors and publishers, and got permission to release
some of their texts, but the CD also included many other works that were uploaded to the BBS without
authorization. The CD included the following copyright notice, alongside the name and contact of
Zagumenov and those who granted permission:
Texts on this CD are distributed in electronic format with the consent of the copyright holders or their
literary agent. The disk is aimed at authors, editors, translators and fans SF & F as a compact reference
and information library. Copying or reproduction of this disc is not allowed. For the commercial use of
texts please refer directly to the copyright owners at the following addresses.
The authors whose texts and unpublished manuscripts appeared in the collection without authorization
started to complain to those whose contact details were in the copyright notice. Some complained
about the material damage the collection may have caused to them, but most complaints focused on
moral rights: unauthorized publication of a manuscript, the mutilation of published works, lack of
attribution, or the removal of original copyright and contact notices. Some authors had no problem
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appearing in non-commercially distributed collections but objected to the fact that the CDs were sold
(and later overproduced in spite of Zagumenov’s intentions).
The debate, which took place in the book-related fora of Fidonet, had some important points.
Participants again drew a significant distinction between free access provided first by Fidonet (and later
by lib.ru, which integrated some parts of the collection) and what was perceived as Zagumenov’s forprofit enterprise—despite the fact that the price of the CD only covered printing costs. The debate also
drew authors’ and publishers’ attention to the digital book communities’ actions, which many saw as
beneficial as long as it respected the wishes of the authors. Some authors did not want to appear online
at all, others wanted only their published works to be circulated.
Lib.ru of course integrated the parts of the HARRYFAN CD into its collection. Moshkov’s policy towards
authors’ rights was to ask for permission, if he could contact the author or publisher. He also honored
takedown requests sent to him. In 1999 he wrote on copyright issues as follows:
The author’s interests must be protected on the Internet: the opportunity to find the original copy, the
right of attribution, protection from distorting the work. Anyone who wants to protect his/her rights,
should be ready to address these problems, ranging from the ability to identify the offending party, to the
possibility of proving infringement.[…]
Meanwhile, it has become a stressing question how to protect authors-netizens' rights regarding their
work published on the Internet. It is known that there are a number of periodicals that reprint material
from the Internet without the permission of the author, without payment of a fee, without prior
arrangement. Such offenders need to be shamed via public outreach. The "Wall of shame" website is one
of the positive examples of effective instruments established by the networked public to protect their
rights. It manages to do the job without bringing legal action - polite warnings, an indication of potential
trouble and shaming of the infringer.
Do we need any laws for digital libraries? Probably we do, but until then we have to do without. Yes, of
course, it would be nice to have their status established as “cultural objects” and have the same rights as
a "real library" to collect information, but that might be in the distant future. It would also be nice to
have the e-library "legal deposits" of publications in electronic form, but when even Leninka [the Russian
State Library] cannot always afford that, what we really need are enthusiastic networkers. […]
The policy of the library is to take everything they give, otherwise they cease to send books. It is also to
listen to the authors and strictly comply with their requirements. And it is to grow and prosper. […] I
simply want the books to find their readers because I am afraid to live in a world where no one reads
books. This is already the case in America, and it is speeding up with us. I don’t just want to derail this
process, I would like to turn it around.”
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Moshkov played a crucial role in consolidating copynorms in the Russian digital publishing domain. His
reputation and place in the Russian literary domain is marked by a number of prizes12, and the library’s
continued existence. This place was secured by a number of closely intertwined factors:
Framing and anchoring the digitization and distribution practice in the library tradition.
The non-profit status of the enterprise.
Respecting the wishes of the rights holders even if he was not legally obliged to do so.
Maintaining active communication with the different stakeholders in the community,
including authors and readers.
Responding to a clear gap in affordable, legal access.
Conservatism with regard to the book, anchored in the argument that digital texts are not
substitutes for printed matter.
Many other digital libraries tried to follow Moshkov’s formula, but the times were changing. Internet and
computer access left the sub-cultural niches and became mainstream; commercialization became a
viable option and thus an issue for both the community and rightsholders; and the legal environment
was about to change.
Formalization of the IP regime in the 2000s
As soon as the 1993 copyright law passed, the US resumed pressure on the Russian government for
further reform. Throughout the period—and indeed to the present day—US Trade Representative
Special 301 reports cited inadequate protections and lack of enforcement of copyright. Russia’s plans to
join the WTO, over which the US had effective veto power, also became leverage to bring the Russian
copyright regime into compliance with US norms.
Book piracy was regularly mentioned in Special 301 reports in the 2000s, but the details, alleged losses,
and analysis changed little from year to year. The estimated $40M USD losses per year throughout this
period were dwarfed by claims from the studios and software vendors, and clearly were not among the
top priorities of the USTR. For most of the decade, the electronic availability of bestsellers and academic
textbooks was seen in the context of print substitution, rather than damage to the non-existent
electronic market. And though there is little direct indication, the Special 301 reports name sites which
(unlike lib.ru) were serving audiences beyond the RuNet, indicating that the focus of enforcement was
not to protect US interests in the Russian market, but to prevent sites based in Russia to cater for
demand in the high value Western-European and US markets.
A 1998 amendment to the 1993 copyright law extended the legal framework to encompass digital rights,
though in a fashion that continued to produce controversy. After 1998, digital services had to license
content from collecting societies, but those societies needed no permission from rightsholders provided
they paid royalites. The result was a proliferation of collective management organizations, competing to
license the material to digital services (Sezneva and Karaganis, 2011), which under this arrangement
12
ROTOR, the International Union of Internet Professionals in Russia voted lib.ru as the “literary site of the year” in
1999,2001 and 2003, “electronic library of the year” in 2004,2006,2008,2009, and 2010, “programmer of the year”
in 1999, and “man of the year” in 2004 and 2005.
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were compliant with Russian law, but were regarded as illegal by Western rights holders who claimed
that the Russian collecting societies were not representing them.
The best known of dispute from this time was the one around the legality of Allofmp3.com, a site that
sold music from western record labels at prices far below those iTunes or other officially licensed
vendors. AllofMP3.com claimed that it was licensed by ROMS, the Russian Society for Multimedia and
Internet (Российское общество по мультимедиа и цифровым сетям (НП РОМС)), but despite of that
became the focal point of US (and behind them, major label) pressure, leading to an unsuccessful
criminal prosecution of the site owner and eventual closure of the site in 2007. Although Lib.ru had
some direct agreements with authors, it also licensed much of its collection from ROMS, and thus was in
the same legal situation as AllofMP3.com. .
Lib.ru avoided the attention of foreign rightholders and Russian state pressure and even benefited from
state support during the period, the receiving a $30,000 grant from the Federal Agency for Press and
Mass Communications to digitize the most important works from the 1930’s. But the chaotic licensing
environment that governed their legal status also came back to haunt them. In 2005, a lawsuit was
brought against Moshkov by KM Online (KMO), an online vendor that sold digital texts for a small fee.
Although the KMO collection—like every other collection—had been assembled from a wide range of
sources on the Internet, KMO claimed to pay a 20% royalty on its income to authors. In 2004 KMO
requested that lib.ru take down works by several authors with whom (or with whose heirs) KMO claimed
to be in exclusive contract to distribute their texts online. KMO’s claims turned out to be only partly true.
KMO had arranged contracts with a number of the heirs to classics of the Soviet period, who hoped to
benefit from an obscure provision in the 1993 Russian copyright law that granted copyrights to the heirs
of politically prosecuted and later rehabilitated Soviet-era authors. Moshkov, in turn, claimed that he
had written or oral agreements with many of the same authors and heirs, in addition to his agreement
with ROMS.
The lawsuit was a true public event. It generated thousands of news items both online and in the
mainstream press. Authors, members of the publishing industry, legal professionals, librarians, internet
professionals publicly supported Moshkov, while KMO was seen as a rogue operator that would lie to
make easy money on freely-available digital resources.
Eventually, the court ruled that KMO indeed had one exclusive contract with Eduard Gevorgyan, and that
the publication of his texts by Moshkov infringed the moral (but not the economic) rights of the author.
Moshkov was ordered to pay 3000 Rubles (approximately $100) in compensation.
The lawsuit was a sign of a slow but significant transformation in the Russian print ecosystem. The idea
of a viable market for electronic books began to find a foothold. Electronic versions of texts began to be
regarded as potential substitutes for the printed versions, not advertisements for them or supplements
to them. More and more commercial services emerged, which regard the well-entrenched free digital
libraries as competitors. As Russia continued to bring its laws into closer conformance with WTO
requirements, ahead of Russia’s admission in 2012, western rightsholders gained enough power to
demand enforcement against RuNet pirate sites. The kinds of selective enforcement for political or
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business purposes, which had marked the Russian IP regime throughout the decade (Sezneva &
Karaganis, 2011), slowly gave way to more uniform enforcement.
Closure of the Legal Regime
The legal, economic, and cultural conditions under which Aleph and its mirrors operate today are very
different from those of two decades earlier. The major legal loopholes are now closed, though Russian
authorities have shown little inclination to pursue Aleph so far:
I can't say whether it's the Russian copyright enforcement or the Western one that's most dangerous for
Aleph; I'd say that Russian enforcement is still likely to tolerate most of the things that Western
publishers won't allow. For example, lib.ru and [L] and other unofficial Russian e-libraries are tolerated
even though far from compliant with the law. These kinds of e-libraries could not survive at all in western
countries.13
Western publishers have been slow to join record, film, and software companies in their aggressive
online enforcement campaigns, and academic publishers even more so. But such efforts are slowly
increasing, as the market for digital texts grows and as publishers benefit from the enforcement
precedents set or won by the more aggressive rightsholder groups. The domain name of [os], one of the
sites mirroring the Aleph collection was seized, apparently due to the legal action taken by a US
rightholder, and it also started to respond to DMCA notices, removing links to books reported to be
infringing. Aleph responds to this with a number of tactical moves:
We want books to be available, but only for those who need them. We do not want [ALEPH] to be visible.
If one knows where to get books, there are here for him or her. In this way we stay relatively invisible (in
search engines, e.g.), but all the relevant communities in the academy know about us. Actually, if you
question people at universities, the percentage of them is quite low. But what's important is that the
news about [ALEPH] is spread mostly by face-to-face communication, where most of the unnecessary
people do not know about it. (Unnecessary are those who aim profit)14
The policy of invisibility is radically different from Moshkov’s policy of maximum visibility. Aleph hopes
that it can recede into the shadows where it will be protected by the omerta of academics sharing the
sharing ethos:
In Russian academia, [Aleph] is tacitly or actively supported. There are people that do not want to be
included, but it is hard to say who they are in most cases. Since there are DMCA complaints, of course
there are people who do not want stuff to appear here. But in our experience the complainers are only
from the non-scientific fellows. […] I haven't seen a single complaint from the authors who should
constitute our major problem: professors etc. No, they don't complain. Who complains are either of such
type I have mentioned or the ever-hungry publishers.15
Draft Manuscript, 11/4/2014, DO NOT CITE!
The protection the academic community has to offer may not be enough to fend off the publishers’
enforcement actions. The option to recede further into the darknets and hide behind the veil of privacy
technologies is one option the Aleph site has: the first mirror on I2P, an anonymizing network designed
to hide the whereabouts and identity of web services is already operational. But
[i]f people are physically served court invitations, they will have to close the site. The idea is, however,
that the entire collection is copied throughout the world many times over, the database is open, the code
for the site is open, so other people can continue.16
On methodology
We tried to reconstruct the story behind Aleph by conducting interviews and browsing through the BBS
of the community. Access to the site and community members was given under a strict condition of
anonymity. We thus removed any reference to the names and URLs of the services in question.
At one point we shared an early draft of this paper with interested members and asked for their
feedback. Beyond access and feedback, community members were helping the writing of this article by
providing translations of some Russian originals, as well as reviewing the translations made by the
author. In return, we provided financial contributions to the community, in the value of 100 USD.
We reproduced forum entries without any edits to the language, we, however, edited interviews
conducted via IM services to reflect basic writing standards.
16
Anonymous source #1
21
Draft Manuscript, 11/4/2014, DO NOT CITE!
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