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

Murtaugh
A bag but is language nothing of words
2016


## A bag but is language nothing of words

### From Mondotheque

#####

(language is nothing but a bag of words)

[Michael Murtaugh](/wiki/index.php?title=Michael_Murtaugh "Michael Murtaugh")

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]

[![Liebers
P1016847.JPG](/wiki/images/4/41/Liebers_P1016847.JPG)](/wiki/index.php?title=File:Liebers_P1016847.JPG)

[![Liebers
P1016859.JPG](/wiki/images/3/35/Liebers_P1016859.JPG)](/wiki/index.php?title=File:Liebers_P1016859.JPG)

[![Liebers
P1016861.JPG](/wiki/images/3/34/Liebers_P1016861.JPG)](/wiki/index.php?title=File:Liebers_P1016861.JPG)

[![Liebers
P1016869.JPG](/wiki/images/f/fd/Liebers_P1016869.JPG)](/wiki/index.php?title=File:Liebers_P1016869.JPG)

> [...] 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]

[![Liebers
P1016851.JPG](/wiki/images/1/13/Liebers_P1016851.JPG)](/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]

[![Liebers
P1016884.JPG](/wiki/images/9/9c/Liebers_P1016884.JPG)](/wiki/index.php?title=File:Liebers_P1016884.JPG)

[![Liebers
P1016852.JPG](/wiki/images/7/74/Liebers_P1016852.JPG)](/wiki/index.php?title=File:Liebers_P1016852.JPG)

[![Liebers
P1016880.JPG](/wiki/images/1/11/Liebers_P1016880.JPG)](/wiki/index.php?title=File:Liebers_P1016880.JPG)

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. ↑

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