Graziano, Mars & Medak
Learning from #Syllabus
2019


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LEARNING FROM
#SYLLABUS
VALERIA GRAZIANO,
MARCELL MARS,
TOMISLAV MEDAK

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LEARNING FROM #SYLLABUS
VALERIA GRAZIANO, MARCELL MARS, TOMISLAV MEDAK
The syllabus is the manifesto of the 21st century.
—Sean Dockray and Benjamin Forster1
#Syllabus Struggles
In August 2014, Michael Brown, an 18-year-old boy living in Ferguson, Missouri,
was fatally shot by police officer Darren Wilson. Soon after, as the civil protests denouncing police brutality and institutional racism began to mount across the United
States, Dr. Marcia Chatelain, Associate Professor of History and African American
Studies at Georgetown University, launched an online call urging other academics
and teachers ‘to devote the first day of classes to a conversation about Ferguson’ and ‘to recommend texts, collaborate on conversation starters, and inspire
dialogue about some aspect of the Ferguson crisis.’2 Chatelain did so using the
hashtag #FergusonSyllabus.
Also in August 2014, using the hashtag #gamergate, groups of users on 4Chan,
8Chan, Twitter, and Reddit instigated a misogynistic harassment campaign against
game developers Zoë Quinn and Brianna Wu, media critic Anita Sarkeesian, as well as
a number of other female and feminist game producers, journalists, and critics. In the
following weeks, The New Inquiry editors and contributors compiled a reading list and
issued a call for suggestions for their ‘TNI Syllabus: Gaming and Feminism’.3
In June 2015, Donald Trump announced his candidacy for President of the United
States. In the weeks that followed, he became the presumptive Republican nominee,
and The Chronicle of Higher Education introduced the syllabus ‘Trump 101’.4 Historians N.D.B. Connolly and Keisha N. Blain found ‘Trump 101’ inadequate, ‘a mock college syllabus […] suffer[ing] from a number of egregious omissions and inaccuracies’,
failing to include ‘contributions of scholars of color and address the critical subjects
of Trump’s racism, sexism, and xenophobia’. They assembled ‘Trump Syllabus 2.0’.5
Soon after, in response to a video in which Trump engaged in ‘an extremely lewd
conversation about women’ with TV host Billy Bush, Laura Ciolkowski put together a
‘Rape Culture Syllabus’.6

1
2
3
4
5
6

Sean Dockray, Benjamin Forster, and Public Office, ‘README.md’, Hyperreadings, 15 February
2018, https://samiz-dat.github.io/hyperreadings/.
Marcia Chatelain, ‘Teaching the #FergusonSyllabus’, Dissent Magazine, 28 November 2014,
https://www.dissentmagazine.org/blog/teaching-ferguson-syllabus/.
‘TNI Syllabus: Gaming and Feminism’, The New Inquiry, 2 September 2014, https://thenewinquiry.
com/tni-syllabus-gaming-and-feminism/.
‘Trump 101’, The Chronicle of Higher Education, 19 June 2016, https://www.chronicle.com/article/
Trump-Syllabus/236824/.
N.D.B. Connolly and Keisha N. Blain, ‘Trump Syllabus 2.0’, Public Books, 28 June 2016, https://
www.publicbooks.org/trump-syllabus-2-0/.
Laura Ciolkowski, ‘Rape Culture Syllabus’, Public Books, 15 October 2016, https://www.
publicbooks.org/rape-culture-syllabus/.

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In April 2016, members of the Standing Rock Sioux tribe established the Sacred Stone
Camp and started the protest against the Dakota Access Pipeline, the construction of
which threatened the only water supply at the Standing Rock Reservation. The protest at the site of the pipeline became the largest gathering of native Americans in
the last 100 years and they earned significant international support for their ReZpect
Our Water campaign. As the struggle between protestors and the armed forces unfolded, a group of Indigenous scholars, activists, and supporters of the struggles of
First Nations people and persons of color, gathered under the name the NYC Stands
for Standing Rock Committee, put together #StandingRockSyllabus.7
The list of online syllabi created in response to political struggles has continued to
grow, and at present includes many more examples:
All Monuments Must Fall Syllabus
#Blkwomensyllabus
#BLMSyllabus
#BlackIslamSyllabus
#CharlestonSyllabus
#ColinKaepernickSyllabus
#ImmigrationSyllabus
Puerto Rico Syllabus (#PRSyllabus)
#SayHerNameSyllabus
Syllabus for White People to Educate Themselves
Syllabus: Women and Gender Non-Conforming People Writing about Tech
#WakandaSyllabus
What To Do Instead of Calling the Police: A Guide, A Syllabus, A Conversation, A
Process
#YourBaltimoreSyllabus
It would be hard to compile a comprehensive list of all the online syllabi that have
been created by social justice movements in the last five years, especially, but not
exclusively, those initiated in North America in the context of feminist and anti-racist
activism. In what is now a widely spread phenomenon, these political struggles use
social networks and resort to the hashtag template ‘#___Syllabus’ to issue calls for
the bottom-up aggregation of resources necessary for political analysis and pedagogy
centering on their concerns. For this reason, we’ll call this phenomenon ‘#Syllabus’.
During the same years that saw the spread of the #Syllabus phenomenon, university
course syllabi have also been transitioning online, often in a top-down process initiated
by academic institutions, which has seen the syllabus become a contested document
in the midst of increasing casualization of teaching labor, expansion of copyright protections, and technology-driven marketization of education.
In what follows, we retrace the development of the online syllabus in both of these
contexts, to investigate the politics enmeshed in this new media object. Our argument

7

‘#StandingRockSyllabus’, NYC Stands with Standing Rock, 11 October 2016, https://
nycstandswithstandingrock.wordpress.com/standingrocksyllabus/.

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is that, on the one hand, #Syllabus names the problem of contemporary political culture as pedagogical in nature, while, on the other hand, it also exposes academicized
critical pedagogy and intellectuality as insufficiently political in their relation to lived
social reality. Situating our own stakes as both activists and academics in the present
debate, we explore some ways in which the radical politics of #Syllabus could be supported to grow and develop as an articulation of solidarity between amateur librarians
and radical educators.
#Syllabus in Historical Context: Social Movements and Self-Education
When Professor Chatelain launched her call for #FergusonSyllabus, she was mainly
addressing a community of fellow educators:
I knew Ferguson would be a challenge for teachers: When schools opened across
the country, how were they going to talk about what happened? My idea was simple, but has resonated across the country: Reach out to the educators who use
Twitter. Ask them to commit to talking about Ferguson on the first day of classes.
Suggest a book, an article, a film, a song, a piece of artwork, or an assignment that
speaks to some aspect of Ferguson. Use the hashtag: #FergusonSyllabus.8
Her call had a much greater resonance than she had originally anticipated as it reached
beyond the limits of the academic community. #FergusonSyllabus had both a significant impact in shaping the analysis and the response to the shooting of Michael
Brown, and in inspiring the many other #Syllabus calls that soon followed.
The #Syllabus phenomenon comprises different approaches and modes of operating. In some cases, the material is clearly claimed as the creation of a single individual, as in the case of #BlackLivesMatterSyllabus, which is prefaced on the project’s
landing page by a warning to readers that ‘material compiled in this syllabus should
not be duplicated without proper citation and attribution.’9 A very different position on
intellectual property has been embraced by other #Syllabus interventions that have
chosen a more commoning stance. #StandingRockSyllabus, for instance, is introduced as a crowd-sourced process and as a useful ‘tool to access research usually
kept behind paywalls.’10
The different workflows, modes of engagements, and positioning in relation to
intellectual property make #Syllabus readable as symptomatic of the multiplicity
that composes social justice movements. There is something old school—quite
literally—about the idea of calling a list of online resources a ‘syllabus’; a certain
quaintness, evoking thoughts of teachers and homework. This is worthy of investigation especially if contrasted with the attention dedicated to other online cultural
phenomena such as memes or fake news. Could it be that the online syllabus offers

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Marcia Chatelain, ‘How to Teach Kids About What’s Happening in Ferguson’, The Atlantic, 25
August 2014, https://www.theatlantic.com/education/archive/2014/08/how-to-teach-kids-aboutwhats-happening-in-ferguson/379049/.
Frank Leon Roberts, ‘Black Lives Matter: Race, Resistance, and Populist Protest’, 2016, http://
www.blacklivesmattersyllabus.com/fall2016/.
‘#StandingRockSyllabus’, NYC Stands with Standing Rock, 11 October 2016, https://
nycstandswithstandingrock.wordpress.com/standingrocksyllabus/.

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a useful, fresh format precisely for the characteristics that foreground its connections to older pedagogical traditions and techniques, predating digital cultures?
#Syllabus can indeed be analyzed as falling within a long lineage of pedagogical tools
created by social movements to support processes of political subjectivation and the
building of collective consciousness. Activists and militant organizers have time and
again created and used various textual media objects—such as handouts, pamphlets,
cookbooks, readers, or manifestos—to facilitate a shared political analysis and foment
mass political mobilization.
In the context of the US, anti-racist movements have historically placed great emphasis on critical pedagogy and self-education. In 1964, the Council of Federated Organizations (an alliance of civil rights initiatives) and the Student Nonviolent
Coordinating Committee (SNCC), created a network of 41 temporary alternative
schools in Mississippi. Recently, the Freedom Library Project, a campaign born out
of #FergusonSyllabus to finance under-resourced pedagogical initiatives, openly
referenced this as a source of inspiration. The Freedom Summer Project of 1964
brought hundreds of activists, students, and scholars (many of whom were white)
from the north of the country to teach topics and issues that the discriminatory
state schools would not offer to black students. In the words of an SNCC report,
Freedom Schools were established following the belief that ‘education—facts to
use and freedom to use them—is the basis of democracy’,11 a conviction echoed
by the ethos of contemporary #Syllabus initiatives.
Bob Moses, a civil rights movement leader who was the head of the literary skills initiative in Mississippi, recalls the movement’s interest, at the time, in teaching methods
that used the very production of teaching materials as a pedagogical tool:
I had gotten hold of a text and was using it with some adults […] and noticed that
they couldn’t handle it because the pictures weren’t suited to what they knew […]
That got me into thinking about developing something closer to what people were
doing. What I was interested in was the idea of training SNCC workers to develop
material with the people we were working with.12
It is significant that for him the actual use of the materials the group created was much
less important than the process of producing the teaching materials together. This focus
on what could be named as a ‘pedagogy of teaching’, or perhaps more accurately ‘the
pedagogy of preparing teaching materials’, is also a relevant mechanism at play in the
current #Syllabus initiatives, as their crowdsourcing encourages different kinds of people
to contribute what they feel might be relevant resources for the broader movement.
Alongside the crucial import of radical black organizing, another relevant genealogy in
which to place #Syllabus would be the international feminist movement and, in particular, the strategies developed in the 70s campaign Wages for Housework, spearheaded

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12

Daniel Perlstein, ‘Teaching Freedom: SNCC and the Creation of the Mississippi Freedom Schools’,
History of Education Quarterly 30.3 (Autumn 1990): 302.
Perlstein, ‘Teaching Freedom’: 306.

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by Selma James and Silvia Federici. The Wages for Housework campaign drove home
the point that unwaged reproductive labor provides a foundation for capitalist exploitation. They wanted to encourage women to denaturalize and question the accepted
division of labor into remunerated work outside the house and labor of love within
the confines of domesticity, discussing taboo topics such as ‘prostitution as socialized housework’ and ‘forced sterilization’ as issues impacting poor, often racialized,
women. The organizing efforts of Wages for Housework held political pedagogy at their
core. They understood that that pedagogy required:
having literature and other materials available to explain our goals, all written in a
language that women can understand. We also need different types of documents,
some more theoretical, others circulating information about struggles. It is important
that we have documents for women who have never had any political experience.
This is why our priority is to write a popular pamphlet that we can distribute massively and for free—because women have no money.13
The obstacles faced by the Wages for Housework campaign were many, beginning
with the issue of how to reach a dispersed constituency of isolated housewives
and how to keep the revolutionary message at the core of their claims accessible
to different groups. In order to tackle these challenges, the organizers developed
a number of innovative communication tactics and pedagogical tools, including
strategies to gain mainstream media coverage, pamphlets and leaflets translated
into different languages,14 a storefront shop in Brooklyn, and promotional tables at
local events.
Freedom Schools and the Wages for Housework campaign are only two amongst
the many examples of the critical pedagogies developed within social movements.
The #Syllabus phenomenon clearly stands in the lineage of this history, yet we should
also highlight its specificity in relation to the contemporary political context in which it
emerged. The #Syllabus acknowledges that since the 70s—and also due to students’
participation in protests and their display of solidarity with other political movements—
subjects such as Marxist critical theory, women studies, gender studies, and African
American studies, together with some of the principles first developed in critical pedagogy, have become integrated into the educational system. The fact that many initiators of #Syllabus initiatives are women and Black academics speaks to this historical
shift as an achievement of that period of struggles. However, the very necessity felt by
these educators to kick-start their #Syllabus campaigns outside the confines of academia simultaneously reveals the difficulties they encounter within the current privatized and exclusionary educational complex.

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Silvia Federici and Arlen Austin (eds) The New York Wages for Housework Committee 1972-1977:
History, Theory and Documents. New York: Autonomedia, 2017: 37.
Some of the flyers and pamphlets were digitized by MayDay Rooms, ‘a safe haven for historical
material linked to social movements, experimental culture and the radical expression of
marginalised figures and groups’ in London, and can be found in their online archive: ‘Wages
for Housework: Pamphlets – Flyers – Photographs’, MayDay Rooms, http://maydayrooms.org/
archives/wages-for-housework/wfhw-pamphlets-flyers-photographs/.

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#Syllabus as a Media Object
Besides its contextualization within the historical legacy of previous grassroots mobilizations, it is also necessary to discuss #Syllabus as a new media object in its own
right, in order to fully grasp its relevance for the future politics of knowledge production and transmission.
If we were to describe this object, a #Syllabus would be an ordered list of links to
scholarly texts, news reports, and audiovisual media, mostly aggregated through a
participatory and iterative process, and created in response to political events indicative of larger conditions of structural oppression. Still, as we have seen, #Syllabus
as a media object doesn’t follow a strict format. It varies based on the initial vision
of their initiators, political causes, and social composition of the relevant struggle.
Nor does it follow the format of traditional academic syllabi. While a list of learning
resources is at the heart of any syllabus, a boilerplate university syllabus typically
also includes objectives, a timetable, attendance, coursework, examination, and an
outline of the grading system used for the given course. Relieved of these institutional
requirements, the #Syllabus typically includes only a reading list and a hashtag. The
reading list provides resources for understanding what is relevant to the here and
now, while the hashtag provides a way to disseminate across social networks the call
to both collectively edit and teach what is relevant to the here and now. Both the list
and the hashtag are specificities and formal features of the contemporary (internet)
culture and therefore merit further exploration in relation to the social dynamics at
play in #Syllabus initiatives.
The different phases of the internet’s development approached the problem of the
discoverability of relevant information in different ways. In the early days, the Gopher
protocol organized information into a hierarchical file tree. With the rise of World Wide
Web (WWW), Yahoo tried to employ experts to classify and catalog the internet into
a directory of links. That seemed to be a successful approach for a while, but then
Google (founded in 1998) came along and started to use a webgraph of links to rank
the importance of web pages relative to a given search query.
In 2005, Clay Shirky wrote the essay ‘Ontology is Overrated: Categories, Links and
Tags’,15 developed from his earlier talk ‘Folksonomies and Tags: The Rise of User-Developed Classification’. Shirky used Yahoo’s attempt to categorize the WWW to argue
against any attempt to classify a vast heterogenous body of information into a single
hierarchical categorical system. In his words: ‘[Yahoo] missed [...] that, if you’ve got
enough links, you don’t need the hierarchy anymore. There is no shelf. There is no file
system. The links alone are enough.’ Those words resonated with many. By following
simple formatting rules, we, the internet users, whom Time magazine named Person of
the Year in 2006, proved that it is possible to collectively write the largest encyclopedia
ever. But, even beyond that, and as per Shirky’s argument, if enough of us organized
our own snippets of the vast body of the internet, we could replace old canons, hierarchies, and ontologies with folksonomies, social bookmarks, and (hash)tags.

15

Clay Shirky, ‘Ontology Is Overrated: Categories, Links, and Tags’, 2005, http://shirky.com/writings/
herecomeseverybody/ontology_overrated.html.

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Very few who lived through those times would have thought that only a few years later
most user-driven services would be acquired by a small number of successful companies and then be shut down. Or, that Google would decide not to include the biggest
hashtag-driven platform, Twitter, into its search index and that the search results on
its first page would only come from a handful of usual suspects: media conglomerates, Wikipedia, Facebook, LinkedIn, Amazon, Reddit, Quora. Or, that Twitter would
become the main channel for the racist, misogynist, fascist escapades of the President
of United States.
This internet folk naivety—stoked by an equally enthusiastic, venture-capital-backed
startup culture—was not just naivety. This was also a period of massive experimental
use of these emerging platforms. Therefore, this history would merit to be properly
revisited and researched. In this text, however, we can only hint to this history: to contextualize how the hashtag as a formalization initially emerged, and how with time the
user-driven web lost some of its potential. Nonetheless, hashtags today still succeed in
propagating political mobilizations in the network environment. Some will say that this
propagation is nothing but a reflection of the internet as a propaganda machine, and
there’s no denying that hashtags do serve a propaganda function. However, it equally
matters that hashtags retain the capacity to shape coordination and self-organization,
and they are therefore a reflection of the internet as an organization machine.
As mentioned, #Syllabus as a media object is an ordered list of links to resources.
In the long history of knowledge retrieval systems and attempts to help users find
relevant information from big archives, the list on the internet continues in the tradition of the index card catalog in libraries, of charts in the music industry, or mixtapes
and playlists in popular culture, helping people tell their stories of what is relevant and
what isn’t through an ordered sequence of items. The list (as a format) together with
the hashtag find themselves in the list (pun intended) of the most iconic media objects
of the internet. In the network media environment, being smart in creating new lists
became the way to displace old lists of relevance, the way to dismantle canons, the
way to unlearn. The way to become relevant.
The Academic Syllabus Migrates Online
#Syllabus interventions are a challenge issued by political struggles to educators as
they expose a fundamental contradiction in the operations of academia. While critical pedagogies of yesteryear’s social movements have become integrated into the
education system, the radical lessons that these pedagogies teach students don’t
easily reconcile with their experience: professional practice courses, the rethoric of
employability and compulsory internships, where what they learn is merely instrumental, leaves them wondering how on earth they are to apply their Marxism or feminism
to their everyday lives?
Cognitive dissonance is at the basis of degrees in the liberal arts. And to make things
worse, the marketization of higher education, the growing fees and the privatization
of research has placed universities in a position where they increasingly struggle to
provide institutional space for critical interventions in social reality. As universities become more dependent on the ‘customer satisfaction’ of their students for survival, they
steer away from heated political topics or from supporting faculty members who might
decide to engage with them. Borrowing the words of Stefano Harney and Fred Moten,

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‘policy posits curriculum against study’,16 creating the paradoxical situation wherein
today’s universities are places in which it is possible to do almost everything except
study. What Harney and Moten propose instead is the re-appropriation of the diffuse
capacity of knowledge generation that stems from the collective processes of selforganization and commoning. As Moten puts it: ‘When I think about the way we use the
term ‘study,’ I think we are committed to the idea that study is what you do with other
people.’17 And it is this practice of sharing a common repertoire—what Moten and
Harney call ‘rehearsal’18—that is crucially constitutive of a crowdsourced #Syllabus.
This contradiction and the tensions it brings to contemporary neoliberal academia can
be symptomatically observed in the recent evolution of the traditional academic syllabus. As a double consequence of (some) critical pedagogies becoming incorporated
into the teaching process and universities striving to reduce their liability risks, academic syllabi have become increasingly complex and extensive documents. They are
now understood as both a ‘social contract’ between the teachers and their students,
and ‘terms of service’19 between the institution providing educational services and the
students increasingly framed as sovereign consumers making choices in the market of
educational services. The growing official import of the syllabus has had the effect that
educators have started to reflect on how the syllabus translates the power dynamics
into their classroom. For instance, the critical pedagogue Adam Heidebrink-Bruno has
demanded that the syllabus be re-conceived as a manifesto20—a document making
these concerns explicit. And indeed, many academics have started to experiment with
the form and purpose of the syllabus, opening it up to a process of co-conceptualization with their students, or proposing ‘the other syllabus’21 to disrupt asymmetries.
At the same time, universities are unsurprisingly moving their syllabi online. A migration
that can be read as indicative of three larger structural shifts in academia.
First, the push to make syllabi available online, initiated in the US, reinforces the differential effects of reputation economy. It is the Ivy League universities and their professorial star system that can harness the syllabus to advertise the originality of their
scholarship, while the underfunded public universities and junior academics are burdened with teaching the required essentials. This practice is tied up with the replication
in academia of the different valorization between what is considered to be the labor of
production (research) and that of social reproduction (teaching). The low esteem (and
corresponding lower rewards and remuneration) for the kinds of intellectual labors that
can be considered labors of care—editing journals, reviewing papers or marking, for
instance—fits perfectly well with the gendered legacies of the academic institution.

Stefano Harney and Fred Moten, The Undercommons: Fugitive Planning & Black Study, New York:
Autonomedia, 2013, p. 81.
17 Harney and Moten, The Undercommons, p. 110.
18 Harney and Moten, The Undercommons, p. 110.
19 Angela Jenks, ‘It’s In The Syllabus’, Teaching Tools, Cultural Anthropology website, 30 June 2016,
https://culanth.org/fieldsights/910-it-s-in-the-syllabu/.
20 Adam Heidebrink-Bruno, ‘Syllabus as Manifesto: A Critical Approach to Classroom Culture’,
Hybrid Pedagogy, 28 August 2014, http://hybridpedagogy.org/syllabus-manifesto-criticalapproach-classroom-culture/.
21 Lucy E. Bailey, ‘The “Other” Syllabus: Rendering Teaching Politics Visible in the Graduate
Pedagogy Seminar’, Feminist Teacher 20.2 (2010): 139–56.
16

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Second, with the withdrawal of resources to pay precarious and casualized academics during their ‘prep’ time (that is, the time in which they can develop new
course material, including assembling new lists of references, updating their courses as well as the methodologies through which they might deliver these), syllabi
now assume an ambivalent role between the tendencies for collectivization and
individualization of insecurity. The reading lists contained in syllabi are not covered
by copyrights; they are like playlists or recipes, which historically had the effect of
encouraging educators to exchange lesson plans and make their course outlines
freely available as a valuable knowledge common. Yet, in the current climate where
universities compete against each other, the authorial function is being extended
to these materials too. Recently, US universities have been leading a trend towards
the interpretation of the syllabus as copyrightable material, an interpretation that
opened up, as would be expected, a number of debates over who is a syllabus’
rightful owner, whether the academics themselves or their employers. If the latter interpretation were to prevail, this would enable universities to easily replace
academics while retaining their contributions to the pedagogical offer. The fruits of
a teacher’s labor could thus be turned into instruments of their own deskilling and
casualization: why would universities pay someone to write a course when they can
recycle someone else’s syllabus and get a PhD student or a precarious post doc to
teach the same class at a fraction of the price?
This tendency to introduce a logic of property therefore spurs competitive individualism and erasure of contributions from others. Thus, crowdsourcing the syllabus
in the context of growing precarization of labor risks remaining a partial process,
as it might heighten the anxieties of those educators who do not enjoy the security
of a stable job and who are therefore the most susceptible to the false promises of
copyright enforcement and authorship understood as a competitive, small entrepreneurial activity. However, when inserted in the context of live, broader political
struggles, the opening up of the syllabus could and should be an encouragement
to go in the opposite direction, providing a ground to legitimize the collective nature
of the educational process and to make all academic resources available without
copyright restrictions, while devising ways to secure the proper attribution and the
just remuneration of everyone’s labor.
The introduction of the logic of property is hard to challenge as it is furthered by commercial academic publishers. Oligopolists, such as Elsevier, are not only notorious for
using copyright protections to extract usurious profits from the mostly free labor of
those who write, peer review, and edit academic journals,22 but they are now developing all sorts of metadata, metrics, and workflow systems that are increasingly becoming central for teaching and research. In addition to their publishing business, Elsevier
has expanded its ‘research intelligence’ offering, which now encompasses a whole
range of digital services, including the Scopus citation database; Mendeley reference
manager; the research performance analytics tools SciVal and Research Metrics; the
centralized research management system Pure; the institutional repository and pub-

22 Vincent Larivière, Stefanie Haustein, and Philippe Mongeon, ‘The Oligopoly of Academic
Publishers in the Digital Era’, PLoS ONE 10.6 (10 June 2015),https://journals.plos.org/plosone/
article?id=10.1371/journal.pone.0127502/.

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lishing platform Bepress; and, last but not least, grant discovery and funding flow tools
Funding Institutional and Elsevier Funding Solutions. Given how central digital services
are becoming in today’s universities, whoever owns these platforms is the university.
Third, the migration online of the academic syllabus falls into larger efforts by universities to ‘disrupt’ the educational system through digital technologies. The introduction
of virtual learning environments has led to lesson plans, slides, notes, and syllabi becoming items to be deposited with the institution. The doors of public higher education are being opened to commercial qualification providers by means of the rise in
metrics-based management, digital platforming of university services, and transformation of students into consumers empowered to make ‘real-time’ decisions on how to
spend their student debt.23 Such neoliberalization masquerading behind digitization
is nowhere more evident than in the hype that was generated around Massive Open
Online Courses (MOOCs), exactly at the height of the last economic crisis.
MOOCs developed gradually from the Massachusetts Institute of Techology’s (MIT) initial experiments with opening up its teaching materials to the public through the OpenCourseWare project in 2001. By 2011, MOOCs were saluted as a full-on democratization of access to ‘Ivy-League-caliber education [for] the world’s poor.’24 And yet, their
promise quickly deflated following extremely low completion rates (as low as 5%).25
Believing that in fifty years there will be no more than 10 institutions globally delivering
higher education,26 by the end of 2013 Sebastian Thrun (Google’s celebrated roboticist
who in 2012 founded the for-profit MOOC platform Udacity), had to admit that Udacity
offered a ‘lousy product’ that proved to be a total failure with ‘students from difficult
neighborhoods, without good access to computers, and with all kinds of challenges in
their lives.’27 Critic Aaron Bady has thus rightfully argued that:
[MOOCs] demonstrate what the technology is not good at: accreditation and mass
education. The MOOC rewards self-directed learners who have the resources and
privilege that allow them to pursue learning for its own sake [...] MOOCs are also a
really poor way to make educational resources available to underserved and underprivileged communities, which has been the historical mission of public education.28
Indeed, the ‘historical mission of public education’ was always and remains to this
day highly contested terrain—the very idea of a public good being under attack by
dominant managerial techniques that try to redefine it, driving what Randy Martin

23 Ben Williamson, ‘Number Crunching: Transforming Higher Education into “Performance Data”’,
Medium, 16 August 2018, https://medium.com/ussbriefs/number-crunching-transforming-highereducation-into-performance-data-9c23debc4cf7.
24 Max Chafkin, ‘Udacity’s Sebastian Thrun, Godfather Of Free Online Education, Changes Course’,
FastCompany, 14 November 2013, https://www.fastcompany.com/3021473/udacity-sebastianthrun-uphill-climb/.
25 ‘The Rise (and Fall?) Of the MOOC’, Oxbridge Essays, 14 November 2017, https://www.
oxbridgeessays.com/blog/rise-fall-mooc/.
26 Steven Leckart, ‘The Stanford Education Experiment Could Change Higher Learning Forever’,
Wired, 20 March 2012, https://www.wired.com/2012/03/ff_aiclass/.
27 Chafkin, ‘Udacity’s Sebastian Thrun’.
28 Aaron Bady, ‘The MOOC Moment and the End of Reform’, Liberal Education 99.4 (Fall 2013),
https://www.aacu.org/publications-research/periodicals/mooc-moment-and-end-reform.

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STATE MACHINES

aptly called the ‘financialization of daily life.’29 The failure of MOOCs finally points to a
broader question, also impacting the vicissitudes of #Syllabus: Where will actual study
practices find refuge in the social, once the social is made directly productive for capital at all times? Where will study actually ‘take place’, in the literal sense of the phrase,
claiming the resources that it needs for co-creation in terms of time, labor, and love?
Learning from #Syllabus
What have we learned from the #Syllabus phenomenon?
The syllabus is the manifesto of 21st century.
Political struggles against structural discrimination, oppression, and violence in the
present are continuing the legacy of critical pedagogies of earlier social movements
that coupled the process of political subjectivation with that of collective education.
By creating effective pedagogical tools, movements have brought educators and students into the fold of their struggles. In the context of our new network environment,
political struggles have produced a new media object: #Syllabus, a crowdsourced list
of resources—historic and present—relevant to a cause. By doing so, these struggles
adapt, resist, and live in and against the networks dominated by techno-capital, with
all of the difficulties and contradictions that entails.
What have we learned from the academic syllabus migrating online?
In the contemporary university, critical pedagogy is clashing head-on with the digitization of higher education. Education that should empower and research that should
emancipate are increasingly left out in the cold due to the data-driven marketization
of academia, short-cutting the goals of teaching and research to satisfy the fluctuating demands of labor market and financial speculation. Resistance against the capture of data, research workflows, and scholarship by means of digitization is a key
struggle for the future of mass intellectuality beyond exclusions of class, disability,
gender, and race.
What have we learned from #Syllabus as a media object?
As old formats transform into new media objects, the digital network environment defines the conditions in which these new media objects try to adjust, resist, and live. A
right intuition can intervene and change the landscape—not necessarily for the good,
particularly if the imperatives of capital accumulation and social control prevail. We
thus need to re-appropriate the process of production and distribution of #Syllabus
as a media object in its totality. We need to build tools to collectively control the workflows that are becoming the infrastructures on top of which we collaboratively produce
knowledge that is vital for us to adjust, resist, and live. In order to successfully intervene in the world, every aspect of production and distribution of these new media objects becomes relevant. Every single aspect counts. The order of items in a list counts.
The timestamp of every version of the list counts. The name of every contributor to

29 Randy Martin, Financialization Of Daily Life, Philadelphia: Temple University Press, 2002.

ACTIONS

127

every version of the list counts. Furthermore, the workflow to keep track of all of these
aspects is another complex media object—a software tool of its own—with its own order and its own versions. It is a recursive process of creating an autonomous ecology.
#Syllabus can be conceived as a recursive process of versioning lists, pointing to textual, audiovisual, or other resources. With all of the linked resources publicly accessible to all; with all versions of the lists editable by all; with all of the edits attributable to
their contributors; with all versions, all linked resources, all attributions preservable by
all, just such an autonomous ecology can be made for #Syllabus. In fact, Sean Dockray, Benjamin Forster, and Public Office have already proposed such a methodology in
their Hyperreadings, a forkable readme.md plaintext document on GitHub. They write:
A text that by its nature points to other texts, the syllabus is already a relational
document acknowledging its own position within a living field of knowledge. It is
decidedly not self-contained, however it often circulates as if it were.
If a syllabus circulated as a HyperReadings document, then it could point directly to the texts and other media that it aggregates. But just as easily as it circulates, a HyperReadings syllabus could be forked into new versions: the syllabus
is changed because there is a new essay out, or because of a political disagreement, or because following the syllabus produced new suggestions. These forks
become a family tree where one can follow branches and trace epistemological
mutations.30
It is in line with this vision, which we share with the HyperReadings crew, and in line
with our analysis, that we, as amateur librarians, activists, and educators, make our
promise beyond the limits of this text.
The workflow that we are bootstrapping here will keep in mind every aspect of the media object syllabus (order, timestamp, contributor, version changes), allowing diversity
via forking and branching, and making sure that every reference listed in a syllabus
will find its reference in a catalog which will lead to the actual material, in digital form,
needed for the syllabus.
Against the enclosures of copyright, we will continue building shadow libraries and
archives of struggles, providing access to resources needed for the collective processes of education.
Against the corporate platforming of workflows and metadata, we will work with social
movements, political initiatives, educators, and researchers to aggregate, annotate,
version, and preserve lists of resources.
Against the extractivism of academia, we will take care of the material conditions that
are needed for such collective thinking to take place, both on- and offline.

30 Sean Dockray, Benjamin Forster, and Public Office, ‘README.md’, Hyperreadings, 15 February
2018, https://samiz-dat.github.io/hyperreadings/.

128

STATE MACHINES

Bibliography
Bady, Aaron. ‘The MOOC Moment and the End of Reform’, Liberal Education 99.4 (Fall 2013), https://
www.aacu.org/publications-research/periodicals/mooc-moment-and-end-reform/.
Bailey, Lucy E. ‘The “Other” Syllabus: Rendering Teaching Politics Visible in the Graduate Pedagogy
Seminar’, Feminist Teacher 20.2 (2010): 139–56.
Chafkin, Max. ‘Udacity’s Sebastian Thrun, Godfather Of Free Online Education, Changes Course’,
FastCompany, 14 November 2013, https://www.fastcompany.com/3021473/udacity-sebastianthrun-uphill-climb/.
Chatelain, Marcia. ‘How to Teach Kids About What’s Happening in Ferguson’, The Atlantic, 25 August
2014, https://www.theatlantic.com/education/archive/2014/08/how-to-teach-kids-about-whatshappening-in-ferguson/379049/.
_____. ‘Teaching the #FergusonSyllabus’, Dissent Magazine, 28 November 2014, https://www.dissentmagazine.org/blog/teaching-ferguson-syllabus/.
Ciolkowski, Laura. ‘Rape Culture Syllabus’, Public Books, 15 October 2016, https://www.publicbooks.
org/rape-culture-syllabus/.
Connolly, N.D.B. and Keisha N. Blain. ‘Trump Syllabus 2.0’, Public Books, 28 June 2016, https://www.
publicbooks.org/trump-syllabus-2-0/.
Dockray, Sean, Benjamin Forster, and Public Office. ‘README.md’, HyperReadings, 15 February 2018,
https://samiz-dat.github.io/hyperreadings/.
Federici, Silvia, and Arlen Austin (eds) The New York Wages for Housework Committee 1972-1977: History, Theory, Documents, New York: Autonomedia, 2017.
Harney, Stefano, and Fred Moten, The Undercommons: Fugitive Planning & Black Study, New York:
Autonomedia, 2013.
Heidebrink-Bruno, Adam. ‘Syllabus as Manifesto: A Critical Approach to Classroom Culture’, Hybrid
Pedagogy, 28 August 2014, http://hybridpedagogy.org/syllabus-manifesto-critical-approach-classroom-culture/.
Jenks, Angela. ‘It’s In The Syllabus’, Teaching Tools, Cultural Anthropology website, 30 June 2016,
https://culanth.org/fieldsights/910-it-s-in-the-syllabus/.
Larivière, Vincent, Stefanie Haustein, and Philippe Mongeon, ‘The Oligopoly of Academic Publishers in the Digital Era’, PLoS ONE 10.6 (10 June 2015), https://journals.plos.org/plosone/
article?id=10.1371/journal.pone.0127502/.
Leckart, Steven. ‘The Stanford Education Experiment Could Change Higher Learning Forever’, Wired,
20 March 2012, https://www.wired.com/2012/03/ff_aiclass/.
Martin, Randy. Financialization Of Daily Life, Philadelphia: Temple University Press, 2002.
Perlstein, Daniel. ‘Teaching Freedom: SNCC and the Creation of the Mississippi Freedom Schools’,
History of Education Quarterly 30.3 (Autumn 1990).
Roberts, Frank Leon. ‘Black Lives Matter: Race, Resistance, and Populist Protest’, 2016, http://www.
blacklivesmattersyllabus.com/fall2016/.
‘#StandingRockSyllabus’, NYC Stands with Standing Rock, 11 October 2016, https://nycstandswithstandingrock.wordpress.com/standingrocksyllabus/.
Shirky, Clay. ‘Ontology Is Overrated: Categories, Links, and Tags’, 2005, http://shirky.com/writings/
herecomeseverybody/ontology_overrated.html.
‘The Rise (and Fall?) Of the MOOC’, Oxbridge Essays, 14 November 2017, https://www.oxbridgeessays.
com/blog/rise-fall-mooc/.
‘TNI Syllabus: Gaming and Feminism’, The New Inquiry, 2 September 2014, https://thenewinquiry.com/
tni-syllabus-gaming-and-feminism/.
‘Trump 101’, The Chronicle of Higher Education, 19 June 2016, https://www.chronicle.com/article/
Trump-Syllabus/236824/.
‘Wages for Housework: Pamphlets – Flyers – Photographs,’ MayDay Rooms, http://maydayrooms.org/
archives/wages-for-housework/wfhw-pamphlets-flyers-photographs/.
Williamson, Ben. ‘Number Crunching: Transforming Higher Education into “Performance Data”’,
Medium, 16 August 2018, https://medium.com/ussbriefs/number-crunching-transforming-highereducation-into-performance-data-9c23debc4cf7/.


USDC
Complaint: Elsevier v. SciHub and LibGen
2015


Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 1 of 16

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Index No. 15-cv-4282 (RWS)
COMPLAINT

ELSEVIER INC., ELSEVIER B.V., ELSEVIER LTD.
Plaintiffs,

v.

SCI-HUB d/b/a WWW.SCI-HUB.ORG, THE LIBRARY GENESIS PROJECT d/b/a LIBGEN.ORG, ALEXANDRA ELBAKYAN, JOHN DOES 1-99,
Defendants.

Plaintiffs Elsevier Inc, Elsevier B.V., and Elsevier Ltd. (collectively “Elsevier”),
by their attorneys DeVore & DeMarco LLP, for their complaint against www.scihub.org,
www.libgen.org, Alexandra Elbakyan, and John Does 1-99 (collectively the “Defendants”),
allege as follows:

NATURE OF THE ACTION

1. This is a civil action seeking damages and injunctive relief for: (1) copyright infringement under the copyright laws of the United States (17 U.S.C. § 101 et seq.); and (2) violations of the Computer Fraud and Abuse Act, 18.U.S.C. § 1030, based upon Defendants’ unlawful access to, use, reproduction, and distribution of Elsevier’s copyrighted works. Defendants’ actions in this regard have caused and continue to cause irreparable injury to Elsevier and its publishing partners (including scholarly societies) for which it publishes certain journals.

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Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 2 of 16

PARTIES

2. Plaintiff Elsevier Inc. is a corporation organized under the laws of Delaware, with its principal place of business at 360 Park Avenue South, New York, New York 10010.

3. Plaintiff Elsevier B.V. is a corporation organized under the laws of the Netherlands, with its principal place of business at Radarweg 29, Amsterdam, 1043 NX, Netherlands.

4. Plaintiff Elsevier Ltd. is a corporation organized under the laws of the United Kingdom, with its principal place of business at 125 London Wall, EC2Y 5AS United Kingdom.

5. Upon information and belief, Defendant Sci-Hub is an individual or organization engaged in the operation of the website accessible at the URL “www.sci-hub.org,” and related subdomains, including but not limited to the subdomain “www.sciencedirect.com.sci-hub.org,”
www.elsevier.com.sci-hub.org,” “store.elsevier.com.sci-hub.org,” and various subdomains
incorporating the company and product names of other major global publishers (collectively with www.sci-hub.org the “Sci-Hub Website”). The sci-hub.org domain name is registered by
“Fundacion Private Whois,” located in Panama City, Panama, to an unknown registrant. As of
the date of this filing, the Sci-Hub Website is assigned the IP address 31.184.194.81. This IP address is part of a range of IP addresses assigned to Petersburg Internet Network Ltd., a webhosting company located in Saint Petersburg, Russia.

6. Upon information and belief, Defendant Library Genesis Project is an organization which operates an online repository of copyrighted materials accessible through the website located at the URL “libgen.org” as well as a number of other “mirror” websites
(collectively the “Libgen Domains”). The libgen.org domain is registered by “Whois Privacy
Corp.,” located at Ocean Centre, Montagu Foreshore, East Bay Street, Nassau, New Providence,

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Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 3 of 16

Bahamas, to an unknown registrant. As of the date of this filing, libgen.org is assigned the IP address 93.174.95.71. This IP address is part of a range of IP addresses assigned to Ecatel Ltd., a web-hosting company located in Amsterdam, the Netherlands.

7. The Libgen Domains include “elibgen.org,” “libgen.info,” “lib.estrorecollege.org,” and “bookfi.org.”

8. Upon information and belief, Defendant Alexandra Elbakyan is the principal owner and/or operator of Sci-Hub. Upon information and belief, Elbakyan is a resident of Almaty, Kazakhstan.

9. Elsevier is unaware of the true names and capacities of the individuals named as Does 1-99 in this Complaint (together with Alexandra Elbakyan, the “Individual Defendants”),
and their residence and citizenship is also unknown. Elsevier will amend its Complaint to allege the names, capacities, residence and citizenship of the Doe Defendants when their identities are learned.

10. Upon information and belief, the Individual Defendants are the owners and operators of numerous of websites, including Sci-Hub and the websites located at the various
Libgen Domains, and a number of e-mail addresses and accounts at issue in this case.

11. The Individual Defendants have participated, exercised control over, and benefited from the infringing conduct described herein, which has resulted in substantial harm to
the Plaintiffs.

JURISDICTION AND VENUE

12. This is a civil action arising from the Defendants’ violations of the copyright laws of the United States (17 U.S.C. § 101 et seq.) and the Computer Fraud and Abuse Act (“CFAA”),

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Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 4 of 16

18.U.S.C. § 1030. Therefore, the Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331.

13. Upon information and belief, the Individual Defendants own and operate computers and Internet websites and engage in conduct that injures Plaintiff in this district, while
also utilizing instrumentalities located in the Southern District of New York to carry out the acts complained of herein.

14. Defendants have affirmatively directed actions at the Southern District of New York by utilizing computer servers located in the District without authorization and by
unlawfully obtaining access credentials belonging to individuals and entities located in the
District, in order to unlawfully access, copy, and distribute Elsevier's copyrighted materials
which are stored on Elsevier’s ScienceDirect platform.
15.

Defendants have committed the acts complained of herein through unauthorized

access to Plaintiffs’ copyrighted materials which are stored and maintained on computer servers
located in the Southern District of New York.
16.

Defendants have undertaken the acts complained of herein with knowledge that

such acts would cause harm to Plaintiffs and their customers in both the Southern District of
New York and elsewhere. Defendants have caused the Plaintiff injury while deriving revenue
from interstate or international commerce by committing the acts complained of herein.
Therefore, this Court has personal jurisdiction over Defendants.
17.

Venue in this District is proper under 28 U.S.C. § 1391(b) because a substantial

part of the events giving rise to Plaintiffs’ claims occurred in this District and because the
property that is the subject of Plaintiffs’ claims is situated in this District.

4

Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 5 of 16

FACTUAL ALLEGATIONS
Elsevier’s Copyrights in Publications on ScienceDirect
18.

Elsevier is a world leading provider of professional information solutions in the

Science, Medical, and Health sectors. Elsevier publishes, markets, sells, and licenses academic
textbooks, journals, and examinations in the fields of science, medicine, and health. The
majority of Elsevier’s institutional customers are universities, governmental entities, educational
institutions, and hospitals that purchase physical and electronic copies of Elsevier’s products and
access to Elsevier’s digital libraries. Elsevier distributes its scientific journal articles and book
chapters electronically via its proprietary subscription database “ScienceDirect”
(www.sciencedirect.com). In most cases, Elsevier holds the copyright and/or exclusive
distribution rights to the works available through ScienceDirect. In addition, Elsevier holds
trademark rights in “Elsevier,” “ScienceDirect,” and several other related trade names.
19.

The ScienceDirect database is home to almost one-quarter of the world's peer-

reviewed, full-text scientific, technical and medical content. The ScienceDirect service features
sophisticated search and retrieval tools for students and professionals which facilitates access to
over 10 million copyrighted publications. More than 15 million researchers, health care
professionals, teachers, students, and information professionals around the globe rely on
ScienceDirect as a trusted source of nearly 2,500 journals and more than 26,000 book titles.
20.

Authorized users are provided access to the ScienceDirect platform by way of

non-exclusive, non-transferable subscriptions between Elsevier and its institutional customers.
According to the terms and conditions of these subscriptions, authorized users of ScienceDirect
must be users affiliated with the subscriber (e.g., full-time and part-time students, faculty, staff

5

Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 6 of 16

and researchers of subscriber universities and individuals using computer terminals within the
library facilities at the subscriber for personal research, education or other non-corporate use.)
21.

A substantial portion of American research universities maintain active

subscriptions to ScienceDirect. These subscriptions, under license, allow the universities to
provide their faculty and students access to the copyrighted works within the ScienceDirect
database.
22.

Elsevier stores and maintains the copyrighted material available in ScienceDirect

on servers owned and operated by a third party whose servers are located in the Southern District
of New York and elsewhere. In order to optimize performance, these third-party servers
collectively operate as a distributed network which serves cached copies of Elsevier’s
copyrighted materials by way of particular servers that are geographically close to the user. For
example, a user that accesses ScienceDirect from a University located in the Southern District of
New York will likely be served that content from a server physically located in the District.

Authentication of Authorized University ScienceDirect Users
23.

Elsevier maintains the integrity and security of the copyrighted works accessible

on ScienceDirect by allowing only authenticated users access to the platform. Elsevier
authenticates educational users who access ScienceDirect through their affiliated university’s
subscription by verifying that they are able to access ScienceDirect from a computer system or
network previously identified as belonging to a subscribing university.
24.

Elsevier does not track individual educational users’ access to ScienceDirect.

Instead, Elsevier verifies only that the user has authenticated access to a subscribing university.
25.

Once an educational user authenticates his computer with ScienceDirect on a

university network, that computer is permitted access to ScienceDirect for a limited amount of
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Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 7 of 16

time without re-authenticating. For example, a student could access ScienceDirect from their
laptop while sitting in a university library, then continue to access ScienceDirect using that
laptop from their dorm room later that day. After a specified period of time has passed, however,
a user will have to re-authenticate his or her computer’s access to ScienceDirect by connecting to
the platform through a university network.
26.

As a matter of practice, educational users access university networks, and thereby

authenticate their computers with ScienceDirect, primarily through one of two methods. First,
the user may be physically connected to a university network, for example by taking their
computer to the university’s library. Second, the user may connect remotely to the university’s
network using a proxy connection. Universities offer proxy connections to their students and
faculty so that those users may access university computing resources – including access to
research databases such as ScienceDirect – from remote locations which are unaffiliated with the
university. This practice facilitates the use of ScienceDirect by students and faculty while they
are at home, travelling, or otherwise off-campus.
Defendants’ Unauthorized Access to University Proxy Networks to Facilitate Copyright
Infringement
27.

Upon information and belief, Defendants are reproducing and distributing

unauthorized copies of Elsevier’s copyrighted materials, unlawfully obtained from
ScienceDirect, through Sci-Hub and through various websites affiliated with the Library Genesis
Project. Specifically, Defendants utilize their websites located at sci-hub.org and at the Libgen
Domains to operate an international network of piracy and copyright infringement by
circumventing legal and authorized means of access to the ScienceDirect database. Defendants’
piracy is supported by the persistent intrusion and unauthorized access to the computer networks

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Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 8 of 16

of Elsevier and its institutional subscribers, including universities located in the Southern District
of New York.
28.

Upon information and belief, Defendants have unlawfully obtained and continue

to unlawfully obtain student or faculty access credentials which permit proxy connections to
universities which subscribe to ScienceDirect, and use these credentials to gain unauthorized
access to ScienceDirect.
29.

Upon information and belief, Defendants have used and continue to use such

access credentials to authenticate access to ScienceDirect and, subsequently, to obtain
copyrighted scientific journal articles therefrom without valid authorization.
30.

The Sci-Hub website requires user interaction in order to facilitate its illegal

copyright infringement scheme. Specifically, before a Sci-Hub user can obtain access to
copyrighted scholarly journals, articles, and books that are maintained by ScienceDirect, he must
first perform a search on the Sci-Hub page. A Sci-Hub user may search for content using either
(a) a general keyword-based search, or (b) a journal, article or book identifier (such as a Digital
Object Identifier, PubMed Identifier, or the source URL).
31.

When a user performs a keyword search on Sci-Hub, the website returns a proxied

version of search results from the Google Scholar search database. 1 When a user selects one of
the search results, if the requested content is not available from the Library Genesis Project, SciHub unlawfully retrieves the content from ScienceDirect using the access previously obtained.
Sci-Hub then provides a copy of that article to the requesting user, typically in PDF format. If,
however, the requested content can be found in the Library Genesis Project repository, upon

1

Google Scholar provides its users the capability to search for scholarly literature, but does not provide the
full text of copyrighted scientific journal articles accessible through paid subscription services such as
ScienceDirect. Instead, Google Scholar provides bibliographic information concerning such articles along with a
link to the platform through which the article may be purchased or accessed by a subscriber.

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Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 9 of 16

information and belief, Sci-Hub obtains the content from the Library Genesis Project repository
and provides that content to the user.
32.

When a user searches on Sci-Hub for an article available on ScienceDirect using a

journal or article identifier, the user is redirected to a proxied version of the ScienceDirect page
where the user can download the requested article at no cost. Upon information and belief, SciHub facilitates this infringing conduct by using unlawfully-obtained access credentials to
university proxy servers to establish remote access to ScienceDirect through those proxy servers.
If, however, the requested content can be found in the Library Genesis Project repository, upon
information and belief, Sci-Hub obtains the content from it and provides it to the user.
33.

Upon information and belief, Sci-Hub engages in no other activity other than the

illegal reproduction and distribution of digital copies of Elsevier’s copyrighted works and the
copyrighted works of other publishers, and the encouragement, inducement, and material
contribution to the infringement of the copyrights of those works by third parties – i.e., the users
of the Sci-Hub website.
34.

Upon information and belief, in addition to the blatant and rampant infringement

of Elsevier’s copyrights as described above, the Defendants have also used the Sci-Hub website
to earn revenue from the piracy of copyrighted materials from ScienceDirect. Sci-Hub has at
various times accepted funds through a variety of payment processors, including PayPal,
Yandex, WebMoney, QiQi, and Bitcoin.
Sci-Hub’s Use of the Library Genesis Project as a Repository for Unlawfully-Obtained
Scientific Journal Articles and Books
35.

Upon information and belief, when Sci-Hub pirates and downloads an article from

ScienceDirect in response to a user request, in addition to providing a copy of that article to that
user, Sci-Hub also provides a duplicate copy to the Library Genesis Project, which stores the
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Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 10 of 16

article in a database accessible through the Internet. Upon information and belief, the Library
Genesis Project is designed to be a permanent repository of this and other illegally obtained
content.
36.

Upon information and belief, in the event that a Sci-Hub user requests an article

which has already been provided to the Library Genesis Project, Sci-Hub may provide that user
access to a copy provided by the Library Genesis Project rather than re-download an additional
copy of the article from ScienceDirect. As a result, Defendants Sci-Hub and Library Genesis
Project act in concert to engage in a scheme designed to facilitate the unauthorized access to and
wholesale distribution of Elsevier’s copyrighted works legitimately available on the
ScienceDirect platform.
The Library Genesis Project’s Unlawful Distribution of Plaintiff’s Copyrighted Works
37.

Access to the Library Genesis Project’s repository is facilitated by the website

“libgen.org,” which provides its users the ability to search, download content from, and upload
content to, the repository. The main page of libgen.org allows its users to perform searches in
various categories, including “LibGen (Sci-Tech),” and “Scientific articles.” In addition to
searching by keyword, users may also search for specific content by various other fields,
including title, author, periodical, publisher, or ISBN or DOI number.
38.

The libgen.org website indicates that the Library Genesis Project repository

contains approximately 1 million “Sci-Tech” documents and 40 million scientific articles. Upon
information and belief, the large majority of these works is subject to copyright protection and is
being distributed through the Library Genesis Project without the permission of the applicable
rights-holder. Upon information and belief, the Library Genesis Project serves primarily, if not

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Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 11 of 16

exclusively, as a scheme to violate the intellectual property rights of the owners of millions of
copyrighted works.
39.

Upon information and belief, Elsevier owns the copyrights in a substantial

number of copyrighted materials made available for distribution through the Library Genesis
Project. Elsevier has not authorized the Library Genesis Project or any of the Defendants to
copy, display, or distribute through any of the complained of websites any of the content stored
on ScienceDirect to which it holds the copyright. Among the works infringed by the Library
Genesis Project are the “Guyton and Hall Textbook of Medical Physiology,” and the article “The
Varus Ankle and Instability” (published in Elsevier’s journal “Foot and Ankle Clinics of North
America”), each of which is protected by Elsevier’s federally-registered copyrights.
40.

In addition to the Library Genesis Project website accessible at libgen.org, users

may access the Library Genesis Project repository through a number of “mirror” sites accessible
through other URLs. These mirror sites are similar, if not identical, in functionality to
libgen.org. Specifically, the mirror sites allow their users to search and download materials from
the Library Genesis Project repository.
FIRST CLAIM FOR RELIEF
(Direct Infringement of Copyright)
41.

Elsevier incorporates by reference the allegations contained in paragraphs 1-40

42.

Elsevier’s copyright rights and exclusive distribution rights to the works available

above.

on ScienceDirect (the “Works”) are valid and enforceable.
43.

Defendants have infringed on Elsevier’s copyright rights to these Works by

knowingly and intentionally reproducing and distributing these Works without authorization.

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Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 12 of 16

44.

The acts of infringement described herein have been willful, intentional, and

purposeful, in disregard of and indifferent to Plaintiffs’ rights.
45.

Without authorization from Elsevier, or right under law, Defendants are directly

liable for infringing Elsevier’s copyrighted Works pursuant to 17 U.S.C. §§ 106(1) and/or (3).
46.

As a direct result of Defendants’ actions, Elsevier has suffered and continues to

suffer irreparable harm for which Elsevier has no adequate remedy at law, and which will
continue unless Defendants’ actions are enjoined.
47.

Elsevier seeks injunctive relief and costs and damages in an amount to be proven

at trial.
SECOND CLAIM FOR RELIEF
(Secondary Infringement of Copyright)
48.

Elsevier incorporates by reference the allegations contained in paragraphs 1-40

49.

Elsevier’s copyright rights and exclusive distribution rights to the works available

above.

on ScienceDirect (the “Works”) are valid and enforceable.
50.

Defendants have infringed on Elsevier’s copyright rights to these Works by

knowingly and intentionally reproducing and distributing these Works without license or other
authorization.
51.

Upon information and belief, Defendants intentionally induced, encouraged, and

materially contributed to the reproduction and distribution of these Works by third party users of
websites operated by Defendants.
52.

The acts of infringement described herein have been willful, intentional, and

purposeful, in disregard of and indifferent to Elsevier’s rights.

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Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 13 of 16

53.

Without authorization from Elsevier, or right under law, Defendants are directly

liable for third parties’ infringement of Elsevier’s copyrighted Works pursuant to 17 U.S.C. §§
106(1) and/or (3).
54.

Upon information and belief, Defendants profited from third parties’ direct

infringement of Elsevier’s Works.
55.

Defendants had the right and the ability to supervise and control their websites

and the third party infringing activities described herein.
56.

As a direct result of Defendants’ actions, Elsevier has suffered and continues to

suffer irreparable harm for which Elsevier has no adequate remedy at law, and which will
continue unless Defendants’ actions are enjoined.
57.

Elsevier seeks injunctive relief and costs and damages in an amount to be proven

at trial.
THIRD CLAIM FOR RELIEF
(Violation of the Computer Fraud & Abuse Act)
58.

Elsevier incorporates by reference the allegations contained in paragraphs 1-40

59.

Elsevier’s computers and servers, the third-party computers and servers which

above.

store and maintain Elsevier’s copyrighted works for ScienceDirect, and Elsevier’s customers’
computers and servers which facilitate access to Elsevier’s copyrighted works on ScienceDirect,
are all “protected computers” under the Computer Fraud and Abuse Act (“CFAA”).
60.

Defendants (a) knowingly and intentionally accessed such protected computers

without authorization and thereby obtained information from the protected computers in a
transaction involving an interstate or foreign communication (18 U.S.C. § 1030(a)(2)(C)); and
(b) knowingly and with an intent to defraud accessed such protected computers without
13

Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 14 of 16

authorization and obtained information from such computers, which Defendants used to further
the fraud and obtain something of value (18 U.S.C. § 1030(a)(4)).
61.

Defendants’ conduct has caused, and continues to cause, significant and

irreparable damages and loss to Elsevier.
62.

Defendants’ conduct has caused a loss to Elsevier during a one-year period

aggregating at least $5,000.
63.

As a direct result of Defendants’ actions, Elsevier has suffered and continues to

suffer irreparable harm for which Elsevier has no adequate remedy at law, and which will
continue unless Defendants’ actions are enjoined.
64.

Elsevier seeks injunctive relief, as well as costs and damages in an amount to be

proven at trial.
PRAYER FOR RELIEF
WHEREFORE, Elsevier respectfully requests that the Court:
A. Enter preliminary and permanent injunctions, enjoining and prohibiting Defendants,
their officers, directors, principals, agents, servants, employees, successors and
assigns, and all persons and entities in active concert or participation with them, from
engaging in any of the activity complained of herein or from causing any of the injury
complained of herein and from assisting, aiding, or abetting any other person or
business entity in engaging in or performing any of the activity complained of herein
or from causing any of the injury complained of herein;
B. Enter an order that, upon Elsevier’s request, those in privity with Defendants and
those with notice of the injunction, including any Internet search engines, Web
Hosting and Internet Service Providers, domain-name registrars, and domain name

14

Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 15 of 16

registries or their administrators that are provided with notice of the injunction, cease
facilitating access to any or all domain names and websites through which Defendants
engage in any of the activity complained of herein;
C. Enter an order that, upon Elsevier’s request, those organizations which have
registered Defendants’ domain names on behalf of Defendants shall disclose
immediately to Plaintiffs all information in their possession concerning the identity of
the operator or registrant of such domain names and of any bank accounts or financial
accounts owned or used by such operator or registrant;
D. Enter an order that, upon Elsevier’s request, the TLD Registries for the Defendants’
websites, or their administrators, shall place the domain names on
registryHold/serverHold as well as serverUpdate, ServerDelete, and serverTransfer
prohibited statuses, for the remainder of the registration period for any such website.
E. Enter an order canceling or deleting, or, at Elsevier’s election, transferring the domain
name registrations used by Defendants to engage in the activity complained of herein
to Elsevier’s control so that they may no longer be used for illegal purposes;
F. Enter an order awarding Elsevier its actual damages incurred as a result of
Defendants’ infringement of Elsevier’s copyright rights in the Works and all profits
Defendant realized as a result of its acts of infringement, in amounts to be determined
at trial; or in the alternative, awarding Elsevier, pursuant to 17 U.S.C. § 504, statutory
damages for the acts of infringement committed by Defendants, enhanced to reflect
the willful nature of the Defendants’ infringement;
G. Enter an order disgorging Defendants’ profits;

15

Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 16 of 16

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:

[![The-Post-Digital-Publishing-Archive-An-Inventory-of-Speculative-Strategies
-----Coventry-University-----June-11th-2014-21](https://i2.wp.com/p-dpa.net
/wp-content/uploads/2015/06/The-Post-Digital-Publishing-Archive-An-Inventory-
of-Speculative-Strategies-Coventry-University-June-
11th-2014-21.png)](http://p-dpa.net/wp-content/uploads/2015/06/The-Post-
Digital-Publishing-Archive-An-Inventory-of-Speculative-Strategies-Coventry-
University-June-11th-2014-21.png)

**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]


 

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