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
8
9
10
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
11
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.
13
14
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
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www.aacu.org/publications-research/periodicals/mooc-moment-and-end-reform/.
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Chafkin, Max. ‘Udacity’s Sebastian Thrun, Godfather Of Free Online Education, Changes Course’,
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Autonomedia, 2013.
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blacklivesmattersyllabus.com/fall2016/.
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herecomeseverybody/ontology_overrated.html.
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tni-syllabus-gaming-and-feminism/.
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Trump-Syllabus/236824/.
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Sollfrank & Kleiner
Telekommunisten
2012
Dmytri Kleiner
Telekommunisten
Berlin, 20 November 2012
[00:12]
My name is Dmytri Kleiner. I work with Telekommunisten, which is an art
collective based in Berlin that investigates the social relations in bettering
communication technologies.
[00:24]
Peer-To-Peer Communism
[00:29]
Cornelia Sollfrank: I would like to start with the theory, which I think is
very strong, and which actually informs the practice that you are doing. For
me it's like the background where the practice comes from. And I think the
most important and well-known book or paper you've written is The
Telekommunist Manifesto. This is something that you authored personally,
Dmytri Kleiner. It's not written by the Telekommunisten. And I would like to
ask you what the main ideas and the main principles are that you explain, and
maybe you come up with a few things, and I have some bullet points here, and
then we can discuss.
[01:14]
The book has two sections. The first section is called "Peer-To-Peer Communism
Vs. The Client-Server Capitalist State," and that actually explains – using
the history of the Internet as a sort of a basis – it explains the
relationship between modes of production on one hand, like capitalism and
communism, with network topologies on the other hand, mesh networks and star
networks. [01:39] And it explains why the original design of the Internet,
which was supposed to be a decentralised system where everybody could
communicate with everybody without any kind of mediation, or control or
censorship – why that has been replaced with centralised, privatised
platforms, from an economic basis. [02:00] So that the need for capitalist
capture of user data, and user interaction, in order to allow investors to
recoup profits, is the driving force behind centralisation, and so it explains
that.
[02:15]
Copyright Myth
[02:19]
C.S.: The framework of these whole interviews is the relation between cultural
production, artistic production in particular, and copyright, as a regulatory
mechanism. In one of your presentations, you mention, or you made the
assumption or the claim, that the fact that copyright is there to protect, or
to foster or enable artistic cultural production is a myth. Could you please
elaborate a bit on that?
[02:57]
Sure. That's the second part of the manifesto. The second part of the
manifesto is called "A Contribution to the Critique of Free Culture." And in
that title I don't mean to be critiquing the practice of free culture, which I
actively support and participate in. [03:13] I am critiquing the theory around
free culture, and particularly as it's found in the Creative Commons
community. [03:20] And this is one of the myths that you often see in that
community: that copyright somehow was created in order to empower artists, but
it's gone wrong somehow, at some point it's got wrong. [03:34] It went in the
wrong direction and now it needs to be corrected. This is a kind of a
plotline, so to speak, in a lot of creative commons oriented community
discussion about copyright. [03:46] But actually, of course, the history of
copyright is the same as the history of labour and capital and markets in
every other field. So just like the kind of Lockean idea of property
attributes the product of the worker's labour to the worker, so that the
capitalist can appropriate it, so it commodifies the products of labour,
copyright was created for exactly the same reasons, at exactly the same time,
as part of exactly the same process, in order to create a commodity form of
knowledge, so that knowledge could play in markets. [04:21] That's why
copyright was invented. That was the social reason why it needed to exist.
Because as industrial capitalism was manifesting, they required a way to
commodify knowledge work in the same way they commodified other kinds of
labour. [04:37] So the artist was only given the authorship of their work in
exactly the same way as the factory worker supposedly owns the product of
their labour. [04:51] Because the artist doesn't have the means of production,
so the artist has to give away that product, and actually legitimizes the
appropriation of the product of labour from the labourer, whether it's a
cultural labourer or a physical labourer.
[05:07]
(Intellectual) Labour
[05:10]
C.S.: And why do you think that this myth is so persistent? Or, who created
it, and for what reasons?
[05:18]
I think that a lot of kind of liberal criticism sort of starts that way. I
mean, I haven't really researched this, so that's kind of an open question
that you are asking, I don’t really have a specific position. [05:30] But my
impression is always that people that come at things from a liberal critique,
not a critical critique, sort of assume that things were once good and now
they’re bad. That’s kind of a common sort of assumption. [05:42] So instead of
looking at the core structural origin of something, they sort of have an
assumption that at some point this must have served a useful function or it
wouldn’t exist. And so therefore it must have been good and now it’s bad.
[05:57] And also because of the rhetoric, of course, just like the Lockean
rhetoric of property: give the ownership of the product of labour to the
worker. Ideologically speaking, it’s been framed this way since the beginning.
[06:14] But of course, everybody understands that in the market system the
worker is only given the rights to own their labour if they can sell it.
[06:22]
Author Function
[06:26]
C.S.: Based on this assumption, developed a certain function of the author.
Could you please elaborate on this a bit more? The invention of the individual
author.
[06:39]
The author – in a certain point of history, in line of the development of, you
know, as modern society – capitalist industrial society – began to emerge, so
did with it the author. [06:53] Previous to this, the concept of the author
was not nearly so engrained. So the author hasn't always existed in this
static sense, as unique source of new creativity and new knowledge, creating
work ex nihilo from their imagination. [07:10] Previous to this there was
always a more social understanding of authorship, where authors were in a
continuous cultural dialogue with previous authors, contemporary authors,
later authors. [07:20] And authors would frequently reuse themes, plots,
characters, from other authors. For instance, Goethe’s Faust is a good example
that has been used by authors before and after Goethe, in their own stories.
And just like the Homeric traditions of ancient literature. [07:42] Culture
was always seen to be much about dialogue, where each generation of authors
would contribute to a common creative stock of characters, plots, ideas. But
that, of course, is not conducive to making knowledge into a commodity that
can be sold in the market. [08:00] So as we got into a market-based society,
in order to create this idea of intellectual property, of copyright, creating
something that can be sold on the market, the artist and the author had to
become individuals all of a sudden. [08:16] Because this kind of iterative
social dialogue doesn’t work well in a commodity form, because how do you
properly buy it and sell it?
[08:28]
Anti-Copyright
[08:33]
C.S.: The Next concept I would like to talk about is the anti-copyright. Could
you please explain a little bit what it actually is, and where it comes from?
[08:46]
From the very beginning of copyright many artists and authors rejected it from
ideological grounds, right from the beginning. [08:35] Because, of course,
what was now plagiarism, what was now illegal, and a violation of intellectual
property had been in many cases traditional practices that writers took for
granted forever. [09:09] The ability to reuse characters; the ability to take
plots, themes and ideas from other authors and reuse them. [09:16] So many
artists rejected this idea from the beginning. And this was the idea of
copyright. But, of course, because the dominant system that was emerging – the
market capitalist system – required the commodity form to make a living, this
was always a marginal community. [09:37] So it was radical artists, like the
Situationist International, or artists that had strong political beliefs, the
American folk musicians like Woody Guthrie – another famous example. [09:47]
And all of this people were not only against intellectual property. They were
not only against the commodification of cultural work. They were against the
commodification of work, period. [09:57] There was a proletarian movement.
They were very much against capitalism as well as intellectual property.
[10:04]
Examples of Anti-Copyright
[10:08]
C.S.: Could you give also some examples in the artworld for this
anti-copyright, or in the cultural world?
[10:15]
DK: Well, you know Lautréamont’s famous text, “plagiarism is necessary: it
takes a wrong idea and replaces it with the right idea.” [10:29] And
Lautréamont was a huge influence on a bunch of radical French artists
including, most famously, the Situationist International, who published their
journal with no copyright, denying copyright. [10:44] I guess that Woody
Guthrie has a famous thing that I quote in some article or other, maybe even
in the [Telekommunist] Manifesto, I don’t remember if it made it in – where he
expressly says, he openly supports people performing, copying, modifying his
songs. That was a note that he made in a song book of his. [11:11] And many
others – the whole practice is associated with communises, from Dada to
Neoism. [11:18] Much later, up to the mid-1990s, this was the dominant form.
So from the birth of copyright, up to the mid-1990s, the intellectual property
was being questioned on the radical fringes of artists. [11:34] For me
personally, as an artist, I started to become involved with artists like
Negativland and Plunderpalooza – sorry, Plunderpalooza was an act we did;
Plunderphonics is an album by John Oswald – the newest movements and the
festival of plagiarism. [11:51] This was the area that I personally
experienced in the 1990s, but it has a long history going back to Lautréamont,
if not earlier.
[12:01]
On the Fringe
[12:05]
C.S.: But you already mentioned the term fringe, so this kind of
anti-copyright attitude automatically implied that it could only happen on the
fringe, not in the actual cultural world.
[12:15]
Exactly. It is fundamentally incompatible with capitalism, because it denies
the value-form of culture. [12:22] And without the commodity form, it can’t
make a living, it has nothing to sell in the market. Because it’s not allowed
to sell on the market, it’s necessarily marginal. [12:34] So it’s necessarily
people who support themselves through “non-art” income, by other kinds of
work, or the small percentage of artists that can be supported by cultural
funding or universities, which is, you know, a relatively small group compared
to the proper cultural industries that are supported by copyright licensing.
[12:54] That includes the major movie houses, the major record labels, the
major publishing houses. Which is, you know, in orders of magnitude, a larger
number of artists.
[13:05]
Anti-Copyright Attitude
[13:10]
C.S.: So what would you say are the two, three, main characteristics of the
anti-copyright attitude?
[13:16]
Well, it completely rejects copyright as being legitimate. That’s a complete
denial of copyright. And usually it’s a denial of the existence of a unique
author as well. [13:28] So one of the things that is very characteristic is
the blurring of the distinction between producer and consumer. [13:37] So that
art is considered to be a dialogue, an interactive process where every
producer is also a consumer of art. So everybody is an artist in that sense,
everybody potentially can be. And it’s an ongoing process. [13:52] There’s no
distinction between producer and consumer. It’s just a transient role that one
plays in a process.
[13:59]
C.S.: And in that sense it relates back to the earlier ideas of cultural
production.
[14:04]
Exactly, to the pre-commodity form of culture.
[14:11]
Copyleft
[14:15]
C.S.: Could you please explain what copyleft is, where it comes from.
[14:20]
Copyleft comes out of the software community, the hacker community. It doesn’t
come out of artistic practice per se. And it comes out of the need to share
software. [14:30] Famously, Richard Stallman and the Free Software Foundation
started this project called GNU (GNU’s Not Unix), which is the, kind of, very
famous and important project. [14:44] And they publish the license called the
GPL, which sort of defined the copyleft idea. And copyleft is a very clever
kind of a hack, as they say in the hacker community. [14:53] What it does is
that it asserts copyright, full copyright, in order to provide a public
license, a free license. And it requires that any derivative work also carries
the same license. That’s what is different about it to anti-copyright. It’s
that, rather than denying copyright outright, copyleft is a copyright license
– it is a copyright – but then the claim is used in order to publicly make the
work available to anybody that wants it under very open terms. [15:28] The key
requirement, the distinctive requirement, is that any derivative work must
also be licenced under the same terms, under the copyleft terms. [15:38] This
is what we call viral, in that it perpetuates license. This is very clever,
because it takes copyright law, and it uses copyright law to create
intellectual property freedom, within a certain context. [15:55] But the
difference is, of course, that we are talking about software. And software,
economically speaking, from the point of view of the way software developers
actually make a living, is very different. [16:11] Because within the
productive cycle – the productive cycle can be said to have two phases,
sometimes called "department one" and "department two" in Marxian language or
in classical political economics. Producer’s goods and consumer’s goods; or
capital’s goods and consumer's goods models. [16:17] The idea is that some
goods are produced not for consumers but for producers. And these goods are
called capital. So they are goods that are used in production. And because
they are used in production, it’s not as important for capitalists to make a
profit on their circulation because they are input to production. [16:47] They
make their profits up stream, by actually using those goods in production, and
then creating goods that can be sold to the masses, circulated to the masses.
[16:56] And so because culture – art and culture – is normally a “department
two” good, consumer’s good, it’s completely, fundamentally incompatible with
capitalism because capitalism requires the capture of profits and the
circulation of consumer’s goods. But because software is largely a “department
one” good, producer’s good, it has no incompatibility with capitalism at all.
[17:18] In fact, capitalists very much like having their capital costs
reduced, because the vast majority of capitalists do not make commercial
software – license it. That’s only a very small class of capitalists. For the
vast majority of capitalists, the availability of free software as an input to
their production is a wonderful thing. [17:39] So this creates a sort of a
paradox, where under capitalism, only capital can be free. And because
software is capital, free software, and the GNU project, the Linux and the
vanilla projects exploded and became huge. [17:39] So, unlike the marginal-by-
necessity anti-copyright, free software became a mass movement, that has a
billion dollar industry, that has conferences all over the world that are
attended by tens of thousands of people. And everybody is for it. It’s this
really great big thing. [18:26] So it’s been rather different than
anti-copyright in term of its place in society. It’s become very prominent, very
successful. But, unfortunately – and I guess this is where we have to go next
– the reason why it is successful is because software is a producer’s good,
not a consumer’s good.
[18:38]
Copyleft Criticism
[18:42]
C.S.: So what is your basic criticism of copyleft?
[18:47]
I have no criticism of copyleft, except for the fact that some people think
that the model can be expanded into culture. It can’t be, and that’s the
problem. It's that a lot people from the arts community then kind of came back
to this original idea of questioning copyright through free software. [19:12]
So they maybe had some relationship with the original anti-copyright
tradition, or sometimes not at all. They are fresh out of design school, and
they never had any relationship with the radical tradition of anti-copyright.
And they encounter free software – they are like, yeah, that's great. [19:29]
And the spirit of sharing and cooperation inspires them. And they think that
the model can be taken from free software and applied to art and artists as
well, just like that. [19:41] But of course, there is a problem, because in a
capitalist society there has to be some economic sustainability behind the
practice, and because free culture modelled out of the GPL can’t work, because
the artists can’t make a living that way. [20:02] While capital will fund free
software, because they need free software – it’s a producer’s good, it’s input
to their production – capital has no need for free art. So they have also no
need to finance free art. [20:15] So if they can’t be financed by capital,
that automatically gives them a very marginal role in today’s society. [20:19]
Because that means that it has to be funded by something other than capital.
And those means are – back to the anti-copyright model – those are either non-
art income, meaning you do some other kind of work to self-finance your
artistic production, or the relatively small amount of public cultural
financing that is available – or now we have new things, like crowd funding –
all these kinds of things that create some opportunities. But still
marginally small compared to the size of the capitalist economy. [20:52] So
the only criticism of copyleft is that it is inapplicable to cultural
production.
[21:00]
Copy-left and cultural production
[21:04]
C.S.: Why this principle of free software production, GPL principles, cannot
be applied to cultural production? Just again, to really point this out.
[21:20]
The difference is really the difference between “department one” goods,
producer's goods, and “department two” goods, consumer’s goods. [21:27] It’s
that capitalists, which obviously control the vast majority of investment in
this economy – so the vast majority of money that is spent to allow people to
realise projects of any kind. The source of this money is capital investment.
[21:42] And capital is happy to invest in producer’s goods, even if they are
free. Because they need these goods. So they have no requirement to seek these
goods. [21:53] If you are running a company like Amazon, you are not making
any money selling Linux, you are making money selling web services, books and
other kinds of derivative products. You need free software to run your data
centre, to run your computer. [22:08] So the cost of software to you is a
cost, and so you're happy to have free software and support it. Because it
makes a lot more sense for you to contribute to some project that it’s also
used by five other companies. [22:21] And in the end all of you have this tool
that you can run on your computer, and run your business with, than actually
either buying a license from some company, which can be expensive, inflexible,
and you can't control it, and if it doesn't work the way you want, you cannot
change it. [22:36] So free software has a great utility for producers. That's
why it's a capital good, a producer's good, a "department one" good. [22:45]
But art and culture do not have the same economic role. Capital is not
interested in developing free culture and free art. They don't need it, they
don't do anything with it. And the capitalist that produces art and culture
requires it to have a commodity form, which is what copyright is. [23:00] So
they require a form that they can sell on the market, which requires it to
have the exclusive, non-reproducible commodity form – that copyright was
developed in order to commodify culture. [23:14] So that is why the copyleft
tradition won't work for free culture – because even though free culture and
anti-copyright predates it, it predates it as a radical fringe. And the
radical fringe isn't supported by capital. It's supported, as we said, by
outside income, non-art income, and other kind of things like small cultural
funds.
[23:38]
Creative Commons
[23:42]
C.S.: In the last ten years we have seen new business models that very much
depend on free content as well. Could you please elaborate on this a bit?
[23:56]
Well, that’s the thing. Now we have the kind of Web 2.0/Facebook world.
[24:00] The entire copyright law – the so-called "good copyright" that
protected artists – was all based on the idea of the mechanical copy. And the
mechanical copy made a lot of sense in the printing press era where, if you
had some intellectual property, you could license it through mechanical
copies. So every time it was copied, somebody owed you a royalty. Very simple.
[24:26] But in a Web 2.0 world, where we have YouTube, Facebook, Twitter and
things like that, this doesn't really work very well. Because if you post
something online and then you need to get paid a royalty every time it gets
copied (and it gets copied millions of times), this becomes very impractical.
[24:44] And so this is where the Creative Commons really comes in. Because the
Creative Commons comes in just exactly at this time – as the Internet is kind
of bursting out of its original military and NGO roots, and really hitting the
general public. At the same time free software is something that is becoming
better known, and inspiring more people – so the ideas of questioning
copyright are becoming more prominent. [25:16] So Creative Commons seizes on
this kind of principles approach that anti-copyright and copyleft take. And
again, one of the single most important things about anti-copyright and
copyleft is that in both cases the freedom that they are talking about – the
free culture that they represent – is the freedom of the consumer to become
the producer. It's the denial of the distinction between consumer and
producer. [25:41] So even though the Creative Commons has a lot of different
licenses, including some that are GPL compatible – they're approved for free
cultural work, or whatever it's called – there is one license in particular
that makes up the vast majority of the works in the Creative Commons, one
license in particular which is like the signature license of the Creative
Commons – it's the non-commercial license. And this is obviously... The
utility of that is very clear because, as we said, artists can't make a living
in a copyleft sense. [26:18] In order for artists to make a living in the
capitalist system, they have to be able to negotiate non-free rights with
their publishers. And if they can't do that, they simply can't make a living.
At least, not in the mainstream community. There is a certain small place for
artists to make a living in the alternative and fringe elements of the
artworld. [26:42] But if you are talking about making a movie, a novel, a
record, then you at some point are going to need to negotiate a contract with
the publisher. Which means, you're going to have to be able negotiate non-free
terms. [27:00] So what non-commercial [licensing] does, is that it allows
people to share your stuff, making you more famous, getting more people to
know you – building its value, so to speak. But they can't actually do
anything commercial with it. And if they want to do anything commercial with
it, they have to come back to you and they have to negotiate a non-free
license. [27:19] So this is very practical, because it solves a lot of
problems for artists that want to make work available online in order to get
better known, but still want to eventually, at some point in the future,
negotiate non-free terms with a publishing company. [27:34] But while it's
very practical, it fundamentally violates the idea that copyleft and
anti-copyright set out to challenge – and this is distinction between the producer
and the consumer. Because of this, the consumer cannot become the producer.
And that is the criticism of the Creative Commons. [27:52] That's why I want
to talk about this thing, I often say, a tragedy in three parts. The first
part is a tragedy because it has to remain fringe, because of its complete
incompatibility with the dominant capitalism. [28:04] The second part,
copyleft, is a tragedy because while it works great for software, it can't and
it won't work for art. [28:10] And the third part is a tragedy because it
actually undermines the whole idea and brings the author back to the surface,
back from the dead. But the author kind of remerges as a sort of useful idiot,
because the "some rights reserved" are basically the rights to sell your
intellectual property to the publisher in exactly the same way as the early
industrial factory worker would have sold their labour to the factory.
[28:36]
C.S.: And that creates by no means a commons.
[28:41]
It by no means creative a commons, right. Because a primary function of a
commons is that it would be available for use by others producers, and the
Creative Commons isn't because you don't have any right to create your own
work to make a living from the works in the commons – because of the non-
commercial clause that covers a large percentage of the works there.
[29:09]
Peer Production License
[29:13]
C.S.: But you were thinking of an alternative. What is the alternative?
[29:19]
There is no easy alternative. The fact is that, so long as we have a cultural
industry that is dominated by market capitalism, then the majority of artists
working within it will have to work in that form. We can't arbitrarily, as
artists, simply pretend that the industry as it is doesn't exist. [29:41] But
at the same time we can hope that alternatives will develop – that alternative
ways of producing and sharing cultural works will develop. So that the
copyfarleft license... [29:52] I describe the Creative Commons as
copyjustright. It's not copyright, it's copyjustright – you can tune it, you
can tailor it to your specific interests or needs. But it is still copyright,
just a more fine-tuneable copyright that is better for a Web 2.0 distribution
model. [30:12] The alternative is what I call copyfarleft, which also starts
off with the Creative Commons non-commercial model for the simple reason that,
as we discussed, if you are an actually existing artist in the actually
existing cultural industries of today, you are going to have to make a living,
on the most part, by selling non-free works to publishers, non-free licenses
to publishers. That's simply the way the industry works. [30:37] But in order
not to close the door on another industry developing – a different kind of
industry developing – after denying commercial works blankly (so it has a non-
commercial clause), then it expressly allows commercial usage by non-
capitalist organisations, independent cooperatives, non-profits –
organisations that are not structured around investment capital and wage
labour, and so forth; that are not for-profit organisations that are enriching
private individuals and appropriating value from workers. [31:15] So this
allows you to succeed, at least potentially succeed as a commercial artist in
the commercial world as it is right now. But at the same time it doesn't close
the door on another kind of community from developing, other kind of industry
from developing. [31:35] And we have to understand that we are not going to be
able to get rid of the cultural industries as they exist today, until we have
another set of institutions that can play those same roles. They're not going
to magically vanish, and be magically replaced. [31:52] We have to, at the
same time as those exist, build up new kind of institutions. We have to think
of new ways to produce and share cultural works. And only when we've done
that, will the cultural institutions as they are today potentially go away.
[32:09] So the copyfarleft license tries to bridge that gap by allowing the
commons to grow, but at the same time allowing the commons producers to make a
living as they normally would within the regular cultural industry. [32:25]
Some good examples where you can see something like this – might be clear –
are some of the famous novelists like Wu Ming or Cory Doctorow, people that
have done very well by publishing their works under Creative Commons non-
commercial licenses. [32:42] Wu Ming's books, which are published, I believe,
by Random House or some big publisher, are available under a Creative Commons
non-commercial license. So if you want to download them for personal use, you
can. But if you are Random House, and you want to publish them and put them on
bookstores, and manufacture them in huge supply, you have to negotiate non-
free terms with Wu Ming. And this allows Wu Ming to make a living by licensing
their work to Random House. [33:10] But while it does do that, what it doesn't
do is allow that book to be manufactured any other way. So that means that
this capitalist form of production becomes the only form that you can
commercially produce this book – except for independents, just for their own
personal use. [33:25] Whereas if their book was instead under a copyfarleft
license, what we call the "peer production" licence, then not only could they
continue to work as they do, but also potentially their book could be made
available through other means as well. Like, independent workers cooperatives
could start manufacturing it, selling it and distributing it locally in their
own areas, and make a commercial living out of it. And then perhaps if those
were to actually succeed, then they could grow and start to provide some of
the functions that capitalist institutions do now.
[34:00]
Miscommunication Technology
[34:05]
The artworks that we do are more related to the topologies side of the theory
– the relationship between network topologies, communication topologies, and
the social relations embedded in communication systems with the political
economy and economic ideas, and people's relationships to each other. [34:24]
The Miscommunication Technologies series has been going on for a quite a while
now, I guess since 2006 or so. Most of the works were pretty obscure, but the
more recent works are getting more attention and better known. And I guess
that the ones that we're talking about and exhibiting the most are deadSwap,
Thimbl and R15N, and these all attempt to explore some of the ideas.
[35:01]
deadSwap
[35:06]
deadSwap is a file sharing system. It's playing on the kind of
circumventionist technologies that are coming out of the file sharing
community, and this idea that technology can make us be able to evade the
legal and economic structures. So deadSwap wants to question this by creating
a very extreme parody of what it would actually mean to really be private.
[35:40] It is a file sharing system, that in order to be private it only
exists on one USB stick. And this USB stick is hidden in public space, and its
user send text messages to an anonymous SMS gateway in order to tell other
users where they've hidden the stick. When you have the stick you can upload
and download files to it – it's a file sharing system. It has a Wiki and file
space, essentially. Then you hide the stick somewhere, and you text the system
and it forwards your message to the next person that is waiting to share data.
And this continues like that, so then that person can share data on it, they
hide it somewhere and send an SMS to the system which then it gets forwarded
to the next person. [36:28] This work serves a few different functions at
once. First, it starts to get people to understand networks and all the basic
components. The participants in the artwork actually play a network node – you
are passing on information as if you are part of a network. So this gets
people to start thinking about how networks work, because they are playing the
network. [36:52] But on the other hand, it also tries to get cross the idea
that the behaviour of the user is much important than the technology, when it
comes to security and privacy. So how difficult it is – the system is very
private – how difficult it is to actually use it, not lose the stick, not to
get discovered. [37:11] It's actually very difficult to actually use. Even
though it seems so simple, normally people lose the USB key within like an
hour or two of starting the system. It doesn't... All the secret agent manuals
that say, be a secret agent spy – isn't easy, and it tries to get this across,
that actually it's not nearly as easy to evade the economic and political
dimensions of our society as it should be. [37:45] Maybe it's better that we
politically fight to avoid having to share information only by hiding USB
sticks in public space, sticking around and acting like spies.
[37:57]
Thimbl
[38:02]
Thimbl is another work, and it is completely online. This work in some ways
has become a signature work for us, even though it doesn't really have any
physical presence. It's a purely conceptual work. [38:15] One of the arguments
that the Manifesto makes is that the Internet was a fully distributed social
media platform – that's what the Internet was, and then it was replaced,
because of capitalism and because of the economic logic of the market, with
centralised communication platforms like Twitter and Facebook. [38:40] And
despite that, within the free software community and the hacker community,
there's the opposite myth, just like the copyright myth. There's this idea
that we are moving towards decentralised software. [38:54] You see people like
Eben Moglen making this point a lot, when he says, now we have Facebook, but
because of FreedomBox, Diaspora and a laundry list of other projects, we're
eventually going to reach a decentralised software. [39:07] But this makes two
assumptions that are incorrect. The first is that we are starting with
centralised media and we are going to decentralised media, which actually is
incorrect. We started with a decentralised social media platform and we moved
to a centralised one. [39:40] And the second thing that is incorrect is that
we can move from a centralised platform to a decentralised platform if we just
create the right technology, so the problem is technological. [39:34] With
Thimbl we wanted to make the point that that wasn't true, that the problem was
actually political. The technological problem is trivial. The computer
sciences have been around forever. The problem is political. [39:43] The
problem is that these systems will not be financed by capital, because capital
requires profit in order to sustain itself. In order to capture profit it
needs to have control of user interaction and user's data. [39:57] To
illustrate this, we created a micro-blogging platform like Twitter, but using
a protocol of the 1970s called Finger. So we've used the protocol that has
been around since the 1970s and made a micro-blogging platform out of it –
fully, totally distributed micro-blogging platform. And then promoted it as if
it was a real thing, with videos and website, and stuff like that. But of
course, there is no way to sign up for it, because it's just a concept.
[40:22] And then there are some scripts that other people wrote that actually
made it to a certain degree real. For us it was just a concept, but then
people actually took it and made working implementations of it, and there are
several working implementations of Thimbl. [40:38] But the point remains that
the problem is not technical, the problem is political. So we came up with
this idea of the economic fiction, or the social fiction. [40:47] Because in
science fiction you often have situations where something that eventually
became a real technology was originally introduced in a fictional context as a
science fiction. [40:59] The reason it's fictional is because science at the
time was not able to create the thing, but as science transcends its
limitations, what was once fictional technology became real technology. So we
have this idea of a social or economic fiction. [41:15] Thimbl is not science
fiction. Technologically speaking it demonstrably works – it's a demonstrably
working concept. The problem is economic. [41:23] For Thimbl to become a
reality, society has to transcend its economic limitations – it's social and
economic limitations in order to find ways to create communication systems
that are not simply funded by the capture of user data and information, which
Thimbl can't do because it is a distributive system. You can't control the
users, you can't know who is using it or what they are doing, because it's
fully distributed.
[41:47]
R15N
[41:52]
The R15N has elements of both of those things. We wanted to create a system
that was basically drawn a little from deadSwap, but I wanted to take out the
secret agent element of it. Because I was really... [42:08] The first place it
was commissioned to be in was actually in Tel Aviv, in Israel, the [Israeli]
Center for Digital Art. And this kind of spy aesthetic that deadSwap had, I
didn't think it would be an appropriate aesthetic in that context. [42:22] The
idea that of trying to convince young people in a poor area in Tel Aviv to act
like spies and hide USB sticks in public space didn't seem like a good idea.
[42:34] So I wanted to go the other way, and I wanted to really emphasise the
collaboration, and create a kind of system that is pretty much totally
impossible to use, but only if you really cooperate you can make it work.
[42:45] So I took another old approach called the telephone tree. I don't know
if you remember telephone trees. Telephone trees existed for years before the
Internet, when schools and army reserves needed to be quickly dispatched, and
it worked with a very simple tree topology. [43:01] You had a few people that
were the top nodes, that then called the list of two or three people, that
then called the list of two or three people, that then called the list of two
or three people... And the message can be sent through the community very
rapidly through a telephone tree. [43:14] It is often used in Canada for
announcing snow days at school, for instance. If the school was closed, they
would call three parents, who would each call three parents, who would each
call three parents, and so forth. So that all the parents knew that the school
was closed. That's one aspect. [43:30] Another aspect of it is that
telephones, especially mobile phones, are really advertised as a very freedom
enabling kind of a thing. Things that you can go anywhere... [43:41] I don't
know if you remember some of the early telephones ads where there are always
businessmen on the beach. I remember this one where this woman's daughter
wants to make an appointment with her because she only has time for her
colleague appointments, and so it's this whole thing about spending more time
with her daughter – so she takes her daughter to the beach, which she is able
to do because she can still conduct business on her mobile phone. So it's this
freedom kind of a thing. [44:04] But in areas like the Jessi Cohen area in Tel
Aviv where we were working, and other areas where the project has been
exhibited, like Johannesburg – other places like that, the telephone has a
very different role, because it's free to receive phone calls, but it costs
much to make phone calls, in most parts of the world, especially in these poor
areas. [44:25] So the telephone is a very asymmetric power relationship based
on your availability of credit. So rather than being a freedom enabling thing,
it's a control technology. So young people and poor people that carry them
can't actually make any calls, they can't call anybody. They can only receive
calls. [44:40] So it's used as a tedder, a control system from their parents,
their teachers, their employers, so they can know where they are at any time
and say, hey why aren't you at work, or where are you, what are you doing.
It's actually a control technology. [44:54] We wanted to invert that too. So
the way the phone tree system work is that, when you have a message you
initiate a phone call, so you initiate a new tree, the system phones you...
[45:05] And you can initiate a new tree in the modern versions by pushing a
button in the gallery. There's a physical button in the gallery, you push the
button, there's a phone beside it, it rings a random person, you tell them
your message, and then it creates an ad hoc telephone tree. It takes all the
subscribers and arranges them in a tree, just like in the old telephone tree,
and each person calls each person, until your message, in theory, gets through
the community. [45:28] But of course in reality nobody answers their phones,
you get voicemail, and then you get voicemail talking to voicemail. Of course,
voice from the Internet is fake to begin with, so calls fail. So it actually
becomes this really frenetic system where people actually don’t know what's
going on, and the message is constantly lost. [45:44] And of course, you have
all of these missed phone calls, this high pressure of the always-on world.
You are always getting these phone calls, and you're missing phone calls, and
actually nobody ever knows what the message is. So it actually creates this
kind of mass confusion. [46:00] This once again demonstrates that the users –
what we call jokingly in the R15N literature, the diligence of the users, is
so much required for these systems to work. Technologically, the system is
actually more or less hindered. [46:21] But they also serve not only to make
that message, which is a more general message – but also, like in the other
ones, in R15N you are a node in the network. So when you don’t answer a call
you know that a message is dropped. [46:36] So you can image how volatile
information is in networks. When you pass your information through a third
party, you realise that they can drop it, they can change it, they can
introduce their own information. [46:50] And that is true in R15N, but is also
true in Facebook, in Twitter, and in any time you send messages through some
third party. That is one of the messages that is core to the series.
Bodo
In the Name of Humanity
2016
# In the Name of Humanity
By [Balazs Bodo](https://limn.it/researchers/bodo/)
As I write this in August 2015, we are in the middle of one of the worst
refugee crises in modern Western history. The European response to the carnage
beyond its borders is as diverse as the continent itself: as an ironic
contrast to the newly built barbed-wire fences protecting the borders of
Fortress Europe from Middle Eastern refugees, the British Museum (and probably
other museums) are launching projects to “protect antiquities taken from
conflict zones” (BBC News 2015). We don’t quite know how the conflict
artifacts end up in the custody of the participating museums. It may be that
asylum seekers carry such antiquities on their bodies, and place them on the
steps of the British Museum as soon as they emerge alive on the British side
of the Eurotunnel. But it is more likely that Western heritage institutions,
if not playing Indiana Jones in North Africa, Iraq, and Syria, are probably
smuggling objects out of war zones and buying looted artifacts from the
international gray/black antiquities market to save at least some of them from
disappearing in the fortified vaults of wealthy private buyers (Shabi 2015).
Apparently, there seems to be some consensus that artifacts, thought to be
part of the common cultural heritage of humanity, cannot be left in the hands
of those collectives who own/control them, especially if they try to destroy
them or sell them off to the highest bidder.
The exact limits of expropriating valuables in the name of humanity are
heavily contested. Take, for example, another group of self-appointed
protectors of culture, also collecting and safeguarding, in the name of
humanity, valuable items circulating in the cultural gray/black markets. For
the last decade Russian scientists, amateur librarians, and volunteers have
been collecting millions of copyrighted scientific monographs and hundreds of
millions of scientific articles in piratical shadow libraries and making them
freely available to anyone and everyone, without any charge or limitation
whatsoever (Bodó 2014b; Cabanac 2015; Liang 2012). These pirate archivists
think that despite being copyrighted and locked behind paywalls, scholarly
texts belong to humanity as a whole, and seek to ensure that every single one
of us has unlimited and unrestricted access to them.
The support for a freely accessible scholarly knowledge commons takes many
different forms. A growing number of academics publish in open access
journals, and offer their own scholarship via self-archiving. But as the data
suggest (Bodó 2014a), there are also hundreds of thousands of people who use
pirate libraries on a regular basis. There are many who participate in
courtesy-based academic self-help networks that provide ad hoc access to
paywalled scholarly papers (Cabanac 2015).[1] But a few people believe that
scholarly knowledge could and should be liberated from proprietary databases,
even by force, if that is what it takes. There are probably no more than a few
thousand individuals who occasionally donate a few bucks to cover the
operating costs of piratical services or share their private digital
collections with the world. And the number of pirate librarians, who devote
most of their time and energy to operate highly risky illicit services, is
probably no more than a few dozen. Many of them are Russian, and many of the
biggest pirate libraries were born and/or operate from the Russian segment of
the Internet.
The development of a stable pirate library, with an infrastructure that
enables the systematic growth and development of a permanent collection,
requires an environment where the stakes of access are sufficiently high, and
the risks of action are sufficiently low. Russia certainly qualifies in both
of these domains. However, these are not the only reasons why so many pirate
librarians are Russian. The Russian scholars behind the pirate libraries are
familiar with the crippling consequences of not having access to fundamental
texts in science, either for political or for purely economic reasons. The
Soviet intelligentsia had decades of experience in bypassing censors, creating
samizdat content distribution networks to deal with the lack of access to
legal distribution channels, and running gray and black markets to survive in
a shortage economy (Bodó 2014b). Their skills and attitudes found their way to
the next generation, who now runs some of the most influential pirate
libraries. In a culture, where the know-how of how to resist information
monopolies is part of the collective memory, the Internet becomes the latest
in a long series of tools that clandestine information networks use to build
alternative publics through the illegal sharing of outlawed texts.
In that sense, the pirate library is a utopian project and something more.
Pirate librarians regard their libraries as a legitimate form of resistance
against the commercialization of public resources, the (second) enclosure
(Boyle 2003) of the public domain. Those handful who decide to publicly defend
their actions, speak in the same voice, and tell very similar stories. Aaron
Swartz was an American hacker willing to break both laws and locks in his
quest for free access. In his 2008 “Guerilla Open Access Manifesto” (Swartz
2008), he forcefully argued for the unilateral liberation of scholarly
knowledge from behind paywalls to provide universal access to a common human
heritage. A few years later he tried to put his ideas into action by
downloading millions of journal articles from the JSTOR database without
authorization. Alexandra Elbakyan is a 27-year-old neurotechnology researcher
from Kazakhstan and the founder of Sci-hub, a piratical collection of tens of
millions of journal articles that provides unauthorized access to paywalled
articles to anyone without an institutional subscription. In a letter to the
judge presiding over a court case against her and her pirate library, she
explained her motives, pointing out the lack of access to journal articles.[2]
Elbakyan also believes that the inherent injustices encoded in current system
of scholarly publishing, which denies access to everyone who is not
willing/able to pay, and simultaneously denies payment to most of the authors
(Mars and Medak 2015), are enough reason to disregard the fundamental IP
framework that enables those injustices in the first place. Other shadow
librarians expand the basic access/injustice arguments into a wider critique
of the neoliberal political-economic system that aims to commodify and
appropriate everything that is perceived to have value (Fuller 2011; Interview
with Dusan Barok 2013; Sollfrank 2013).
Whatever prompts them to act, pirate librarians firmly believe that the fruits
of human thought and scientific research belong to the whole of humanity.
Pirates have the opportunity, the motivation, the tools, the know-how, and the
courage to create radical techno-social alternatives. So they resist the
status quo by collecting and “guarding” scholarly knowledge in libraries that
are freely accessible to all.
Both the curators of the British Museum and the pirate librarians claim to
save the common heritage of humanity, but any similarities end there. Pirate
libraries have no buildings or addresses, they have no formal boards or
employees, they have no budgets to speak of, and the resources at their
disposal are infinitesimal. Unlike the British Museum or libraries from the
previous eras, pirate libraries were born out of lack and despair. Their
fugitive status prevents them from taking the traditional paths of
institutionalization. They are nomadic and distributed by design; they are _ad
hoc_ and tactical, pseudonymous and conspiratory, relying on resources reduced
to the absolute minimum so they can survive under extremely hostile
circumstances.
Traditional collections of knowledge and artifacts, in their repurposed or
purpose-built palaces, are both the products and the embodiments of the wealth
and power that created them. Pirate libraries don’t have all the symbols of
transubstantiated might, the buildings, or all the marble, but as
institutions, they are as powerful as their more established counterparts.
Unlike the latter, whose claim to power was the fact of ownership and the
control over access and interpretation, pirates’ power is rooted in the
opposite: in their ability to make ownership irrelevant, access universal, and
interpretation democratic.
This is the paradox of the total piratical archive: they collect enormous
wealth, but they do not own or control any of it. As an insurance policy
against copyright enforcement, they have already given everything away: they
release their source code, their databases, and their catalogs; they put up
the metadata and the digitalized files on file-sharing networks. They realize
that exclusive ownership/control over any aspects of the library could be a
point of failure, so in the best traditions of archiving, they make sure
everything is duplicated and redundant, and that many of the copies are under
completely independent control. If we disregard for a moment the blatantly
illegal nature of these collections, this systematic detachment from the
concept of ownership and control is the most radical development in the way we
think about building and maintaining collections (Bodó 2015).
Because pirate libraries don’t own anything, they have nothing to lose. Pirate
librarians, on the other hand, are putting everything they have on the line.
Speaking truth to power has a potentially devastating price. Swartz was caught
when he broke into an MIT storeroom to download the articles in the JSTOR
database.[3] Facing a 35-year prison sentence and $1 million in fines, he
committed suicide.[4] By explaining her motives in a recent court filing,[5]
Elbakyan admitted responsibility and probably sealed her own legal and
financial fate. But her library is probably safe. In the wake of this lawsuit,
pirate libraries are busy securing themselves: pirates are shutting down
servers whose domain names were confiscated and archiving databases, again and
again, spreading the illicit collections through the underground networks
while setting up new servers. It may be easy to destroy individual
collections, but nothing in history has been able to destroy the idea of the
universal library, open for all.
For the better part of that history, the idea was simply impossible. Today it
is simply illegal. But in an era when books are everywhere, the total archive
is already here. Distributed among millions of hard drives, it already is a
_de facto_ common heritage. We are as gods, and might as well get good at
it.[6]
## About the author
**Bodo Balazs,** PhD, is an economist and piracy researcher at the Institute
for Information Law (IViR) at the University of Amsterdam. [More
»](https://limn.it/researchers/bodo/)
## Footnotes
[1] On such fora, one can ask for and receive otherwise out-of-reach
publications through various reddit groups such as
[r/Scholar](https://www.reddit.com/r/Scholar) and using certain Twitter
hashtags like #icanhazpdf or #pdftribute.
[2] Elsevier Inc. et al v. Sci-Hub et al, New York Southern District Court,
Case No. 1:15-cv-04282-RWS
[3] While we do not know what his aim was with the article dump, the
prosecution thought his Manifesto contained the motives for his act.
[4] See _United States of America v. Aaron Swartz_ , United States District
Court for the District of Massachusetts, Case No. 1:11-cr-10260
[5] Case 1:15-cv-04282-RWS Document 50 Filed 09/15/15, available at
[link](https://www.unitedstatescourts.org/federal/nysd/442951/).
[6] I of course stole this line from Stewart Brand (1968), the editor of the
Whole Earth catalog, who, in return, claims to have been stolen it from the
British anthropologist Edmund Leach. See
[here](http://www.wholeearth.com/issue/1010/article/195/we.are.as.gods) for
the details.
## Bibliography
BBC News. “British Museum ‘Guarding’ Object Looted from Syria. _BBC News,_
June 5. Available at [link](http://www.bbc.com/news/entertainment-
arts-33020199).
Bodó, B. 2015. “Libraries in the Post-Scarcity Era.” In _Copyrighting
Creativity_ , edited by H. Porsdam (pp. 75–92). Aldershot, UK: Ashgate.
———. 2014a. “In the Shadow of the Gigapedia: The Analysis of Supply and Demand
for the Biggest Pirate Library on Earth.” In _Shadow Libraries_ , edited by J.
Karaganis (forthcoming). New York: American Assembly. Available at
[link](http://ssrn.com/abstract=2616633).
———. 2014b. “A Short History of the Russian Digital Shadow Libraries.” In
Shadow Libraries, edited by J. Karaganis (forthcoming). New York: American
Assembly. Available at [link](http://ssrn.com/abstract=2616631).
Boyle, J. 2003. “The Second Enclosure Movement and the Construction of the
Public Domain.” _Law and Contemporary Problems_ 66:33–42. Available at
[link](http://dx.doi.org/10.2139/ssrn.470983).
Brand, S. 1968. _Whole Earth Catalog,_ Menlo Park, California: Portola
Institute.
Cabanac, G. 2015. “Bibliogifts in LibGen? A Study of a Text‐Sharing Platform
Driven by Biblioleaks and Crowdsourcing.” _Journal of the Association for
Information Science and Technology,_ Online First, 27 March 2015 _._
Fuller, M. 2011. “In the Paradise of Too Many Books: An Interview with Sean
Dockray.” _Metamute._ Available at
[link](http://www.metamute.org/editorial/articles/paradise-too-many-books-
interview-sean-dockray).
Interview with Dusan Barok. 2013. _Neural_ 10–11.
Liang, L. 2012. “Shadow Libraries.” _e-flux._ Available at
[link](http://www.e-flux.com/journal/shadow-libraries/).
Mars, M., and Medak, T. 2015. “The System of a Takedown: Control and De-
commodification in the Circuits of Academic Publishing.” Unpublished
manuscript.
Shabi, R. 2015. “Looted in Syria–and Sold in London: The British Antiques
Shops Dealing in Artefacts Smuggled by ISIS.” _The Guardian,_ July 3.
Available at [link](http://www.theguardian.com/world/2015/jul/03/antiquities-
looted-by-isis-end-up-in-london-shops).
Sollfrank, C. 2013. “Giving What You Don’t Have: Interviews with Sean Dockray
and Dmytri Kleiner.” _Culture Machine_ 14:1–3.
Swartz, A. 2008. “Guerilla Open Access Manifesto.” Available at
[link](https://archive.org/stream/GuerillaOpenAccessManifesto/Goamjuly2008_djvu.txt).
Bodo
A Short History of the Russian Digital Shadow Libraries
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A short history of the Russian digital shadow libraries
Balazs Bodo, Institute for Information Law, University of Amsterdam
“What I see as a consequence of the free educational book distribution: in decades generations of people
everywhere in the World will grow with the access to the best explained scientific texts of all times.
[…]The quality and accessibility of education to poors will drastically grow too. Frankly, I'm seeing this as
the only way to naturally improve mankind: by breeding people with all the information given to them at
any time.” – Anonymous admin of Aleph, explaining the reason d’étre of the site
Abstract
RuNet, the Russian segment of the internet is now the home of the most comprehensive scientific pirate
libraries on the net. These sites offer free access to hundreds of thousands of books and millions of
journal articles. In this contribution we try to understand the factors that led to the development of
these sites, and the sociocultural and legal conditions that enable them to operate under hostile legal
and political conditions. Through the reconstruction of the micro-histories of peer produced online text
collections that played a central role in the history of RuNet, we are able to link the formal and informal
support for these sites to the specific conditions developed under the Soviet and post Soviet times.
(pirate) libraries on the net
The digitization and collection of texts was one of the very first activities enabled by computers. Project
Gutenberg, the first in line of digital libraries was established as early as 1971. By the early nineties, a
number of online electronic text archives emerged, all hoping to finally realize the dream that was
chased by humans every since the first library: the collection of everything (Battles, 2004), the Memex
(Bush, 1945), the Mundaneum (Rieusset-Lemarié, 1997), the Library of Babel (Borges, 1998). It did not
take long to realize that the dream was still beyond reach: the information storage and retrieval
technology might have been ready, but copyright law, for the foreseeable future was not. Copyright
protection and enforcement slowly became one of the most crucial issues around digital technologies.
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And as that happened, the texts, which were archived without authorization were purged from the
budding digital collections. Those that survived complete deletion were moved into the dark, locked
down sections of digital libraries that sometimes still lurk behind the law-abiding public façades. Hopes
for a universal digital library can be built was lost in just a few short years as those who tried it (such as
Google or Hathitrust) got bogged down in endless court battles.
There are unauthorized texts collections circulating on channels less susceptible to enforcement, such as
DVDs, torrents, or IRC channels. But the technical conditions of these distribution channels do not enable
the development of a library. Two of the most essential attributes of any proper library: the catalogue
and the community are hard to provide on such channels. The catalog doesn’t just organize the
knowledge stored in the collection; it is not just a tool of searching and browsing. It is a critical
component in the organization of the community of “librarians” who preserve and nourish the
collection. The catalog is what distinguishes an unstructured heap of computer files from a wellmaintained library, but it is the same catalog, which makes shadow libraries, unauthorized texts
collections an easy target of law enforcement. Those few digital online libraries that dare to provide
unauthorized access to texts in an organized manner, such as textz.org, a*.org, monoskop or Gigapedia/
library.nu, all had their bad experiences with law enforcement and rights holder dismay.
Of these pirate libraries, Gigapedia—later called Library.nu—was the largest at the turn of the 2010’s. At
its peak, it was several orders of magnitudes bigger than its peers, offering access to nearly a million
English language documents. It was not just size that made Gigapedia unique. Unlike most sites, it
moved beyond its initial specialization in scientific texts to incorporate a wide range of academic
disciplines. Compared to its peers, it also had a highly developed central metadata database, which
contained bibliographic details on the collection and also, significantly, on gaps in the collection, which
underpinned a process of actively solicited contributions from users. With the ubiquitous
scanner/copiers, the production of book scans was as easy as copying them, thus the collection grew
rapidly.
Gigapedia’s massive catalog made the site popular, which in turn made it a target. In early 2012, a group
of 17 publishers was granted an injunction against the site (now called Library.nu; and against iFile.it—
the hosting site that stored most of Library.nu’s content). Unlike the record and movie companies,
which had collaborated on dozens of lawsuits over the past decade, the Library.nu injunction and lawsuit
were the first coordinated publisher actions against a major file-sharing site, and the first to involve
major university publishers in particular. Under the injunction, the Library.nu adminstrators closed the
site. The collection disappeared and the community around it dispersed. (Liang, 2012)
Gigapedia’s collection was integrated into Aleph’s predominantly Russian language collection before the
shutdown, making Aleph the natural successor of Gigapedia/library.nu.
Libraries in the RuNet
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The search soon zeroed in on a number of sites with strong hints to their Russian origins. Sites like Aleph,
[sc], [fi], [os] are open, completely free to use, and each offers access to a catalog comparable to the late
Gigapedia’s.
The similarity of these seemingly distinct services is no coincidence. These sites constitute a tightly knit
network, in which Aleph occupies the central position. Aleph, as its name suggests, is the source library,
it aims to seed of all scientific digital libraries on the net. Its mission is simple and straightforward. It
collects free-floating scientific texts and other collections from the Internet and consolidates them (both
content and metadata) into a single, open database. Though ordinary users can search the catalog and
retrieve the texts, its main focus is the distribution of the catalog and the collection to anyone who
wants to build services upon them. Aleph has regularly updated links that point to its own, neatly packed
source code, its database dump, and to the terabytes worth of collection. It is a knowledge infrastructure
that can be freely accessed, used and built upon by anyone. This radical openness enables a number of
other pirate libraries to offer Aleph’s catalogue along with books coming from other sources. By
mirroring Aleph they take over tasks that the administrators of Aleph are unprepared or unwilling to do.
Handling much of the actual download traffic they relieve Aleph from the unavoidable investment in
servers and bandwidth, which, in turn puts less pressure on Aleph to engage in commercial activities to
finance its operation. While Aleph stays in the background, the network of mirrors compete for
attention, users and advertising revenue as their design, business model, technical sophistication is finetuned to the profile of their intended target audience.
This strategy of creating an open infrastructure serves Aleph well. It ensures the widespread distribution
of books while it minimizes (legal) exposure. By relinquishing control, Aleph also ensures its own longterm survival, as it is copied again and again. In fact, openness is the core element in the philosophy of
Aleph, which was summed up by one of its administrators as to:
“- collect valuable science/technology/math/medical/humanities academic literature. That is,
collect humanity's valuable knowledge in digital form. Avoid junky books. Ignore "bestsellers".
- build a community of people who share knowledge, improve quality of books, find good and
valuable books, and correct errors.
- share the files freely, spreading the knowledge altruistically, not trying to make money, not
charging money for knowledge. Here people paid money for many books that they considered
valuable and then shared here on [Aleph], for free. […]
This is the true spirit of the [Aleph] project.”
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Reading, publishing, censorship and libraries in Soviet-Russia
“[T]he library of the Big Lubyanka was unique. In all probability it had been assembled out of confiscated
private libraries. The bibliophiles who had collected those books had already rendered up their souls to
God. But the main thing was that while State Security had been busy censoring and emasculating all the
libraries of the nation for decades, it forgot to dig in its own bosom. Here, in its very den, one could read
Zamyatin, Pilnyak, Panteleimon Romanov, and any volume at all of the complete works of Merezhkovsky.
(Some people wisecracked that they allowed us to read forbidden books because they already regarded
us as dead. But I myself think that the Lubyanka librarians hadn't the faintest concept of what they were
giving us—they were simply lazy and ignorant.)”
(Solzhenitsyn, 1974)
In order to properly understand the factors that shaped Russian pirate librarians’ and their wider
environments’ attitudes towards bottom-up, collaborative, copyright infringing open source digital
librarianship, we need to go back nearly a century and take a close look at the specific social and political
conditions of the Soviet times that shaped the contemporary Russian intelligentsia’s attitudes towards
knowledge.
The communist ideal of a reading nation
Russian culture always had a reverence for the printed word, and the Soviet state, with its Leninist
program of mass education further stressed the idea of the educated, reading public. As Stelmach (1993)
put it:
Reading almost transplanted religion as a sacred activity: in the secularized socialist state, where the
churches were closed, the free press stifled and schools and universities politicized, literature became the
unique source of moral truth for the population. Writers were considered teachers and prophets.
The Soviet Union was a reading culture: in the last days of the USSR, a quarter of the adult population
were considered active readers, and almost everyone else categorized as an occasional reader. Book
prices were low, alternative forms of entertainment were scarce, and people were poor, making reading
one of the most attractive leisure activities.
The communist approach towards intellectual property protection reflected the idea of the reading
nation. The Soviet Union inherited a lax and isolationist copyright system from the tsarist Russia. Neither
the tsarist Russian state nor the Soviet state adhered to international copyright treaties, nor did they
enter into bilateral treaties. Tsarist Russia’s refusal to grant protection to foreign authors and
translations had primarily an economic rationale. The Soviet regime added a strong ideological claim:
granting exclusive ownership to authors was against the interests of the reading public, and “the cultural
development of the masses,” and only served the private interests of authors and heirs.
“If copyright had an economic function, that was only as a right of remuneration for his contribution to
the extension of the socialist art heritage. If copyright had a social role, this was not to protect the author
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from the economically stronger exploiter, but was one of the instruments to get the author involved in
the great communist educational project.” (Elst, 2005, p 658)
The Soviet copyright system, even in its post-revolutionary phase, maintained two persistent features
that served as important instruments of knowledge dissemination. First, the statutorily granted
“freedom of translation” meant that translation was treated as an exception to copyright, which did not
require rights holder authorization. This measure dismantled a significant barrier to access in a
multicultural and multilingual empire. By the same token, the denial of protection to foreign authors and
rights holders eased the imports of foreign texts (after, of course the appropriate censorship review).
Due to these instruments:
“[s]oon after its founding, the Soviet Union became as well the world's leading literary pirate, not only
publishing in translation the creations of its own citizens but also publishing large numbers of copies of
the works of Western authors both in translation and in the original language.” (Newcity, 1980, p 6.)
Looking simply at the aggregate numbers of published books, the USSR had an impressive publishing
industry on a scale appropriate to a reading nation. Between 1946 and 1970 more than 1 billion copies of
over 26 thousand different work were published, all by foreign authors (Newcity, 1978). In 1976 alone,
more than 1.7 billion copies of 84,304 books were printed. (Friedberg, Watanabe, & Nakamoto, 1984, fn
4.)
Of course these impressive numbers reflected neither a healthy public sphere, nor a well-functioning
print ecology. The book-based public sphere was both heavily censored and plagued by the peculiar
economic conditions of the Soviet, and later the post-Soviet era.
Censorship
The totalitarian Soviet state had many instruments to control the circulation of literary and scientific
works. 1 Some texts never entered official circulation in the first hand: “A particularly harsh
prepublication censorship [affected] foreign literature, primarily in the humanities and socioeconomic
disciplines. Books on politics, international relations, sociology, philosophy, cybernetics, semiotics,
linguistics, and so on were hardly ever published.” (Stelmakh, 2001, p 145.)
Many ‘problematic’ texts were only put into severely limited circulation. Books were released in small
print runs; as in-house publications, or they were only circulated among the trustworthy few. As the
resolution of the Central Committee of the Communist Party of June 4, 1959, stated: “Writings by
bourgeois authors in the fields of philosophy, history, economics, diplomacy, and law […] are to be
published in limited quantities after the excision from them of passages of no scholarly or practical
1
We share Helen Freshwater’s (2003) approach that censorship is a more complex phenomenon than the state just
blocking the circulation of certain texts. Censorship manifested itself in more than one ways and its dominant
modus operandi, institutions, extent, focus, reach, effectiveness showed extreme variations over time. This short
chapter however cannot go into the intricate details of the incredibly rich history of censorship in the Soviet Union.
Instead, through much simplification we try to demonstrate that censorship did not only affect literary works, but
extended deep into scholarly publishing, including natural science disciplines.
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interest. They are to be supplied with extensive introductions and detailed annotations." (quoted in
Friedberg et al., 1984)
Truncation and mutilation of texts was also frequent. Literary works and texts from humanities and
social sciences were obvious subjects of censorship, but natural sciences and technical fields did not
escape:
“In our film studios we received an American technical journal, something like Cinema, Radio and
Television. I saw it on the chief engineer's desk and noticed that it had been reprinted in Moscow.
Everything undesirable, including advertisements, had been removed, and only those technical articles
with which the engineer could be trusted were retained. Everything else, even whole pages, was missing.
This was done by a photo copying process, but the finished product appeared to be printed.” (Dewhirst &
Farrell, 1973, p. 127)
Mass cultural genres were also subject to censorship and control. Women's fiction, melodrama, comics,
detective stories, and science fiction were completely missing or heavily underrepresented in the mass
market. Instead, “a small group of officially approved authors […] were published in massive editions
every year, [and] blocked readers' access to other literature. […]Soviet literature did not fit the formula
of mass culture and was simply bad literature, but it was issued in huge print-runs.” (Stelmakh, 2001, p.
150)
Libraries were also important instruments of censorship. When not destroyed altogether, censored
works ended up in the spetskhrans, limited access special collections established in libraries to contain
censored works. Besides obvious candidates such as anti-Soviet works and western ‘bourgeois’
publications, many scientific works from the fields of biology, nuclear physics, psychology, sociology,
cybernetics, and genetics ended up in these closed collections (Ryzhak, 2005). Access to the spetskhrans
was limited to those with special permits issued by their employers. “Only university educated readers
were enrolled and only those holding positions of at least junior scientific workers were allowed to read
the publications kept by the spetskhran” (Ryzhak, 2005). In the last years of the USSR, the spetskhran of
the Russian State Library—the largest of them with more than 1 million items in the collection—had 43
seats for its roughly 4500 authorized readers. Yearly circulation was around 200,000 items, a figure that
included “the history and literature of other countries, international relations, science of law, technical
sciences and others.” (Ryzhak, 2005)
Librarians thus played a central role in the censorship machinery. They did more than guard the contents
of limited-access collections and purge the freely accessible stocks according to the latest Party
directives. As the intermediaries between the readers and the closed stacks, their task was to carefully
guide readers’ interests:
“In the 1970s, among the staff members of the service department of the Lenin State Library of the
U.S.S.R., there were specially appointed persons-"politcontrollers"-who, apart from their regular
professional functions, had to perform additional control over the literature lent from the general stocks
(not from the restricted access collections), thus exercising censorship over the percolation of avant-garde
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aesthetics to the reader, the aesthetics that introduced new ways of thinking and a new outlook on life
and social behavior.” (Stelmakh, 2001)
Librarians also used library cards and lending histories to collect and report information on readers and
suspicious reading habits.
Soviet economic dysfunction also severely limited access to printed works. Acute and chronic shortages
of even censor-approved texts were common, both on the market and in libraries. When the USSR
joined its first first international copyright treaty in its history in 1973 (the UNESCO-backed Universal
Copyright Convention), which granted protection to foreign authors and denied “freedom of
translation,” the access problems only got worse. Soviet concern that granting protection to foreign
authors would result in significant royalty payments to western rightsholders proved valid. By 1976, the
yearly USSR trade deficit in publishing reached a million rubles (~5.5 million current USD) (Levin, 1983, p.
157). This imbalance not only affected the number of publications that were imported into the cashpoor country, but also raised the price of translated works to the double that of Russian-authored books
(Levin, 1983, p. 158).
The literary and scientific underground in Soviet times
Various practices and informal institutions evolved to address the problems of access. Book black
markets flourished: “In the 1970s and 1980s the black market was an active part of society. Buying books
directly from other people was how 35 percent of Soviet adults acquired books for their own homes, and
68 percent of families living in major cities bought books only on the black market.” (Stelmakh, 2001, p
146). Book copying and hoarding was practiced to supplement the shortages:
“People hoarded books: complete works of Pushkin, Tolstoy or Chekhov. You could not buy such things.
So you had the idea that it is very important to hoard books. High-quality literary fiction, high quality
science textbooks and monographs, even biographies of famous people (writers, scientists, composers,
etc.) were difficult to buy. You could not, as far as I remember, just go to a bookstore and buy complete
works of Chekhov. It was published once and sold out and that's it. Dostoyevsky used to be prohibited in
the USSR, so that was even rarer. Lots of writers were prohibited, like Nabokov. Eventually Dostoyevsky
was printed in the USSR, but in very small numbers.
And also there were scientists who wanted scientific books and also could not get them. Mathematics
books, physics - only very few books were published every year, you can't compare this with the market in
the U.S. Russian translations of classical monographs in mathematics were difficult to find.
So, in the USSR, everyone who had a good education shared the idea that hoarding books is very, very
important, and did just that. If someone had free access to a Xerox machine, they were Xeroxing
everything in sight. A friend of mine had entire room full of Xeroxed books.”2
From the 1960s onwards, the ever-growing Samizdat networks tried to counterbalance the effects of
censorship and provide access to both censored classics and information on the current state of Soviet
2
Anonymous source #1
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society. Reaching a readership of around 200,000, these networks operated in a networked, bottom-up
manner. Each node in the chain of distribution copied the texts it received, and distributed the copies.
The nodes also carried information backwards, towards the authors of the samizdat publications.
In the immediate post-Soviet political turmoil and economic calamity, access to print culture did not get
any easier. Censorship officially ended, but so too did much of the funding for the state-funded
publishing sector. Mass unemployment, falling wages, and the resulting loss of discretionary income did
not facilitate the shift toward market-based publishing models. The funding of libraries also dwindled,
limiting new acquisitions (Elst, 2005, p. 299-300). Economic constraints took the place of political ones.
But in the absence of political repression, self-organizing efforts to address these constraints acquired
greater scope of action. Slowly, the informal sphere began to deliver alternative modes of access to
otherwise hard-to-get literary and scientific works.
Russian pirate libraries emerged from these enmeshed contexts: communist ideologies of the reading
nation and mass education; the censorship of texts; the abused library system; economic hardships and
dysfunctional markets, and, most importantly, the informal practices that ensured the survival of
scholarship and literary traditions under hostile political and economic conditions. The prominent place
of Russian pirate libraries in the larger informal media economy—and of Russian piracy of music, film,
and other copyrighted work more generally—cannot be understood outside this history.
The emergence of DIY digital libraries in RuNet
The copying of censored and uncensored works (by hand, by typewriters, by photocopying or by
computers), the hoarding of copied texts, the buying and selling of books on the black market, and the
informal, peer-to-peer distribution of samizdat material were integral parts of the everyday experience
of much of educated Soviet and post-Soviet readers. The building and maintenance of individual
collections and the participation in the informal networks of exchange offered a sense of political,
economic and cultural agency—especially as the public institutions that supported the core professions
of the intelligentsia fell into sustained economic crisis.
Digital technologies were embraced by these practices as soon as they appeared:
"From late 1970s, when first computers became used in the USSR and printers became available,
people started to print forbidden books, or just books that were difficult to find, not necessarily
forbidden. I have seen myself a print-out on a mainframe computer of a science fiction novel,
printed in all caps! Samizdat was printed on typewriters, xeroxed, printed abroad and xeroxed, or
printed on computers. Only paper circulated, files could not circulate until people started to have
PCs at home. As late as 1992 most people did not have a PC at home. So the only reason to type
a big text into a computer was to print it on paper many times.”3
People who worked in academic and research institutions were well positioned in this process: they had
access to computers, and many had access to the materials locked up in the spetskhrans. Many also had
3
Anonymous source #1
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the time and professional motivations to collect and share otherwise inaccessible texts. The core of
current digital collections was created in this late-Soviet/early post-Soviet period by such professionals.
Their home academic and scientific institutions continued to play an important role in the development
of digital text collections well into the era of home computing and the internet.
Digitized texts first circulated in printouts and later on optical/magnetic storage media. With the
emergence of digital networking these texts quickly found their way to the early Internet as well. The
first platform for digital text sharing was the Russian Fidonet, a network of BBS systems similar to
Usenet, which enabled the mass distribution of plain text files. The BBS boards, such as the Holy Spirit
BBS’ “SU.SF & F.FANDOM” group whose main focus was Soviet-Russian science fiction and fantasy
literature, connected fans around emerging collections of shared texts. As an anyonmous interviewee
described his experience in the early 1990s…
“Fidonet collected a large number of plaintext files in literature / fiction, mostly in Russian, of course.
Fidonet was almost all typed in by hand. […] Maybe several thousand of the most important books,
novels that "everyone must read" and such stuff. People typed in poetry, smaller prose pieces. I have
myself read a sci-fi novel printed on a mainframe, which was obviously typed in. This novel was by
Strugatski brothers. It was not prohibited or dissident, but just impossible to buy in the stores. These
were culturally important, cult novels, so people typed them in. […] At this point it became clear that
there was a lot of value in having a plaintext file with some novels, and the most popular novels were first
digitized in this way.”
The next stage in the text digitization started around 1994. By that time growing numbers of people had
computers, scanning peripherals, OCR software. Russian internet and PC penetration while extremely
low overall in the 1990s (0.1% of the population having internet access in 1994, growing to 8.3% by
2003), began to make inroads in educational and scientific institutions and among Moscow and
St.Petersburg elites, who were often the critical players in these networks. As access to technologies
increased a much wider array of people began to digitize their favorite texts, and these collections began
to circulate, first via CD-ROMs, later via the internet.
One of such collection belonged to Maxim Moshkov, who published his library under the name lib.ru in
1994. Moshkov was a graduate of the Moscow State University Department of Mechanics and
Mathematics, which played a large role in the digitization of scientific works. After graduation, he started
to work for the Scientific Research Institute of System Development, a computer science institute
associated with the Russian Academy of Sciences. He describes the early days of his collection as follows:
“ I began to collect electronic texts in 1990, on a desktop computer. When I got on the Internet in 1994, I
found lots of sites with texts. It was like a dream came true: there they were, all the desired books. But
these collections were in a dreadful state! Incompatible formats, different encodings, missing content. I
had to spend hours scouring the different sites and directories to find something.
As a result, I decided to convert all the different file-formats into a single one, index the titles of the books
and put them in thematic directories. I organized the files on my work computer. I was the main user of
my collection. I perfected its structure, made a simple, fast and convenient search interface and
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developed many other useful functions and put it all on the Internet. Soon, people got into the habit of
visiting the site. […]
For about 2 years I have scoured the internet: I sought out and pulled texts from the network, which were
lying there freely accessible. Slowly the library grew, and the audience increased with it. People started
to send books to me, because they were easier to read in my collection. And the time came when I
stopped surfing the internet for books: regular readers are now sending me the books. Day after day I get
about 100 emails, and 10-30 of them contain books. So many books were sent in, that I did not have time
to process them. Authors, translators and publishers also started to send texts. They all needed the
library.”(Мошков, 1999)
In the second half of the 1990’s, the Russian Internet—RuNet—was awash in book digitization projects.
With the advent of scanners, OCR technology, and the Internet, the work of digitization eased
considerably. Texts migrated from print to digital and sometimes back to print again. They circulated
through different collections, which, in turn, merged, fell apart, and re-formed. Digital libraries with the
mission to collect and consolidate these free-floating texts sprung up by the dozens.
Such digital librarianship was the antithesis of official Soviet book culture: it was free, bottom-up,
democratic, and uncensored. It also offered a partial remedy to problems created by the post-Soviet
collapse of the economy: the impoverishment of libraries, readers, and publishers. In this context, book
digitization and collecting also offered a sense of political, economic and cultural agency, with parallels
to the copying and distribution of texts in Soviet times. The capacity to scale up these practices coincided
with the moment when anti-totalitarian social sentiments were the strongest, and economic needs the
direst.
The unprecedented bloom of digital librarianship is the result of the superimposition of multiple waves
of distinct transformations: technological, political, economical and social. “Maksim Moshkov's Library”
was ground zero for this convergence and soon became a central point of exchange for the community
engaged in text digitization and collection:
[At the outset] there were just a couple of people who started scanning books in large quantities. Literally
hundreds of books. Others started proofreading, etc. There was a huge hole in the market for books.
Science fiction, adventure, crime fiction, all of this was hugely in demand by the public. So lib.ru was to a
large part the response, and was filled by those books that people most desired and most valued.
For years, lib.ru integrated as much as it could of the different digital libraries flourishing in the RuNet. By
doing so, it preserved the collections of the many short-lived libraries.
This process of collection slowed in the early 2000’s. By that time, lib.ru had all of the classics, resulting
in a decrease in the flow of new digitized material. By the same token, the Russian book market was
finally starting to offer works aimed at the popular mainstream, and was flooded by cheap romances,
astrology, crime fiction, and other genres. Such texts started to appear in, and would soon flood lib.ru.
Many contributors, including Moshkov, were concerned that such ephemera would dilute the original
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library. And so they began to disaggregate the collection. Self-published literature, “user generated
content,” and fan fiction was separated into the aptly named samizdat.lib.ru, which housed original texts
submitted by readers. Popular fiction--“low-brow literature”—was copied from the relevant subsections
of lib.ru and split off. Sites specializing in those genres quickly formed their own ecosystem. [L], the first
of its kind, now charges a monthly fee to provide access to the collection. The [f] community split off
from [L] the same way that [L] split off from lib.ru, to provide free and unrestricted access to a
fundamentally similar collection. Finally, some in the community felt the need to focus their efforts on a
separate collection of scientific works. This became Kolhoz collection.
The genesis of a million book scientific library
A Kolhoz (Russian: колхо́ з) was one of the types of collective farm that emerged in the early Soviet
period. In the early days, it was a self-governing, community-owned collaborative enterprise, with many
of the features of a commons. For the Russian digital librarians, these historical resonances were
intentional.
The kolhoz group was initially a community that scanned and processed scientific materials: books and,
occasionally, articles. The ethos was free sharing. Academic institutes in Russia were in dire need of
scientific texts; they xeroxed and scanned whatever they could. Usually, the files were then stored on the
institute's ftp site and could be downloaded freely. There were at least three major research institutes
that did this, back in early 2000s, unconnected to each other in any way, located in various faraway parts
of Russia. Most of these scans were appropriated by the kolhoz group and processed into DJVU4.
The sources of files for kolhoz were, initially, several collections from academic institutes (downloaded
whenever the ftp servers were open for anonymous access; in one case, from one of the institutes of the
Chinese academy of sciences, but mostly from Russian academic institutes). At that time (around 2002),
there were also several commercialized collections of scanned books on sale in Russia (mostly, these were
college-level textbooks on math and physics); these files were also all copied to kolhoz and processed into
DJVU. The focus was on collecting the most important science textbooks and monographs of all time, in
all fields of natural science.
There was never any commercial support. The kolhoz group never had a web site with a database, like
most projects today. They had an ftp server with files, and the access to ftp was given by PM in a forum.
This ftp server was privately supported by one of the members (who was an academic researcher, like
most kolhoz members). The files were distributed directly by burning files on writable DVDs and giving the
4
DJVU is a file format that revolutionized online book distribution the way mp3 revolutionized the online music
distribution. For books that contain graphs, images and mathematical formulae scanning is the only digitization
option. However, the large number of resulting image files is difficult to handle. The DJVU file format allows for the
images of scanned book pages to be stored in the smallest possible file size, which makes it the perfect medium for
the distribution of scanned e-books.
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DVDs away. Later, the ftp access was closed to the public, and only a temporary file-swapping ftp server
remained. Today the kolhoz DVD releases are mostly spread via torrents.” 5
Kolhoz amassed around fifty thousand documents, the mexmat collection of the Moscow State
University Department of Mechanics and Mathematics (Moshkov’s alma mater) was around the same
size, the “world of books” collection (mirknig) had around thirty thousand files, and there were around a
dozen other smaller archives, each with approximately 10 thousand files in their respective collections.
The Kolhoz group dominated the science-minded ebook community in Russia well into the late 2000’s.
Kolhoz, however, suffered from the same problems as the early Fidonet-based text collections. Since it
was distributed in DVDs, via ftp servers and on torrents, it was hard to search, it lacked a proper catalog
and it was prone to fragmentation. Parallel solutions soon emerged: around 2006-7, an existing book site
called Gigapedia copied the English books from Kolhoz, set up a catalog, and soon became the most
influential pirate library in the English speaking internet.
Similar cataloguing efforts soon emerged elsewhere. In 2007, someone on rutracker.ru, a Russian BBS
focusing on file sharing, posted torrent links to 91 DVDs containing science and technology titles
aggregated from various other Russian sources, including Kolhoz. This massive collection had no
categorization or particular order. But it soon attracted an archivist: a user of the forum started the
laborious task of organizing the texts into a usable, searchable format—first filtering duplicates and
organizing existing metadata first into an excel spreadsheet, and later moving to a more open, webbased database operating under the name Aleph.
Aleph inherited more than just books from Kolhoz and Moshkov’s lib.ru. It inherited their elitism with
regard to canonical texts, and their understanding of librarianship as a community effort. Like the earlier
sites, Aleph’s collections are complemented by a stream of user submissions. Like the other sites, the
number of submissions grew rapidly as the site’s visibility, reputation and trustworthiness was
established, and like the others it later fell, as more and more of what was perceived as canonical
literature was uploaded:
“The number of mankind’s useful books is about what we already have. So growth is defined by newly
scanned or issued books. Also, the quality of the collection is represented not by the number of books but
by the amount of knowledge it contains. [ALEPH] does not need to grow more and I am not the only one
among us who thinks so. […]
We have absolutely no idea who sends books in. It is practically impossible to know, because there are a
million books. We gather huge collections which eliminate any traces of the original uploaders.
My expectation is that new arrivals will dry up. Not completely, as I described above, some books will
always be scanned or rescanned (it nowadays happens quite surprisingly often) and the overall process of
digitization cannot and should not be stopped. It is also hard to say when the slowdown will occur: I
expected it about a year ago, but then library.nu got shut down and things changed dramatically in many
respects. Now we are "in charge" (we had been the largest anyways, just now everyone thinks we are in
5
Anonymous source #1
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charge) and there has been a temporary rise in the book inflow. At the moment, relatively small or
previously unseen collections are being integrated into [ALEPH]. Perhaps in a year it will saturate.
However, intuition is not a good guide. There are dynamic processes responsible for eBook availability. If
publishers massively digitize old books, they'll obviously be harvested and that will change the whole
picture.” 6
Aleph’s ambitions to create a universal library are limited , at least in terms of scope. It does not want to
have everything, or anything. What it wants is what is thought to be relevant by the community,
measured by the act of actively digitizing and sharing books. But it has created a very interesting strategy
to establish a library which is universal in terms of its reach. The administrators of Aleph understand that
Gigapedia’s downfall was due to its visibility and they wish to avoid that trap:
“Well, our policy, which I control as strictly as I can, is to avoid fame. Gigapedia's policy was to gain as
much fame as possible. Books should be available to you, if you need them. But let the rest of the world
stay in its equilibrium. We are taking great care to hide ourselves and it pays off.”7
They have solved the dilemma of providing access without jeopardizing their mission by open sourcing
the collection and thus allowing others to create widely publicized services that interface with the
public.They let others run the risk of getting famous.
Mirrors and communities
Aleph serves as a source archive for around a half-dozen freely accessible pirate libraries on the net. The
catalog database is downloadable, the content is downloadable, even the server code is downloadable.
No passwords are required to download and there are no gatekeepers. There are no obstacle to setting
up a similar library with a wider catalog, with improved user interface and better services, with a
different audience or, in fact, a different business model.
This arrangement creates a two-layered community. The core group of the Aleph admins maintains the
current service, while a loose and ever changing network of ‘mirror sites’ build on the Aleph
infrastructure.
“The unspoken agreement is that the mirrors support our ideas. Otherwise we simply do not interact with
them. If the mirrors do support this, they appear in the discussions, on the Web etc. in a positive context.
This is again about building a reputation: if they are reliable, we help with what we can, otherwise they
should prove the World they are good on their own. We do not request anything from them. They are free
to do anything they like. But if they do what we do not agree with, it'll be taken into account in future
relations. If you think for a while, there is no other democratic way of regulation: everyone expresses his
own views and if they conform with ours, we support them. If the ideology does not match, it breaks
down.”8
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The core Aleph team claims to exclusively control only two critical resources: the BBS that is the home of
the community, and the book-uploading interface. That claim is, however, not entirely accurate. For the
time being, the academic minded e-book community indeed gathers on the BBS managed by Aleph, and
though there is little incentive to move on, technically nothing stands in the way of alternatives to spring
up. As for the centralization of the book collection: many of the mirrors have their own upload pages
where one can contribute to a mirror’s collection, and it is not clear how or whether books that land at
one of the mirrors find their way back to the central database. Aleph also offers a desktop library
management tool, which enables dedicated librarians to see the latest Aleph database on their desktop
and integrate their local collections with the central database via this application. Nevertheless, it seems
that nothing really stands in the way of the fragmentation of the collection, apart from the willingness of
uploaders to contribute directly to Aleph rather than to one of its mirrors (or other sites).
Funding for Aleph comes from the administrators’ personal resources as well as occasional donations
when there is a need to buy or rent equipment or services:
“[W]e've been asking and getting support for this purpose for years. […] All our mirrors are supported
primarily from private pockets and inefficient donation schemes: they bring nothing unless a whole
campaign is arranged. I asked the community for donations 3 or 4 times, for a specific purpose only and
with all the budget spoken for. And after getting the requested amount of money we shut down the
donations.”9
Mirrors, however, do not need to be non-commercial to enjoy the support of the core Aleph community,
they just have to provide free access. Ad-supported business models that do not charge for individual
access are still acceptable to the community, but there has been serious fallout with another site, which
used the Aleph stock to seed its own library, but decided to follow a “collaborative piracy” business
approach.
“To make it utmost clear: we collaborate with anyone who shares the ideology of free knowledge
distribution. No conditions. [But] we can't suddenly start supporting projects that earn money. […]
Moreover, we've been tricked by commercial projects in the past when they used the support of our
community for their own benefit.”10
The site in question, [e], is based on a simple idea: If a user cannot find a book in its collection, the
administrators offer to purchase a digital or print copy, rip it, and sell it to the user for a fraction of the
original price—typically under $1. Payments are to be made in Amazon gift cards which make the
purchases easy but the de-anonymization of users difficult. [e] recoups its investment, in principle,
through resale. While clearly illegal, the logic is not that different from that of private subscription
libraries, which purchase a resource and distribute the costs and benefits among club members.
9
BBS comment posted on Jan 15, 2013
BBS comment posted on Jan 15, 2013
10
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Although from the rights holders’ perspective there is little difference between the two approaches,
many participants in the free access community draw a sharp line between the two, viewing the sales
model as a violation of community norms.
“[e] is a scam. They were banned in our forum. Yes, most of the books in [e] came from [ALEPH], because
[ALEPH] is open, but we have nothing to do with them... If you wish to buy a book, do it from legal
sources. Otherwise it must be free.[…]
What [e] wants:
- make money on ebook downloads, no matter what kind of ebooks.
- get books from all the easy sources - spend as little effort as possible on books - maximize profit.
- no need to build a community, no need to improve quality, no need to correct any errors - just put all
files in a big pile - maximize profit.
- files are kept in secret, never given away, there is no listing of files, there is no information about what
books are really there or what is being done.
There are very few similarities in common between [e]and [ALEPH], and these similarities are too
superficial to serve as a common ground for communication. […]
They run an illegal business, making a profit.”11
Aleph administrators describe a set of values that differentiates possible site models. They prioritize the
curatorial mission and the provision of long term free access to the collection with all the costs such a
position implies, such as open sourcing the collection, ignoring takedown requests, keeping a low profile,
refraining from commercial activities, and as a result, operating on a reduced budget . [e] prioritizes the
expansion of its catalogue on demand but that implies a commercial operation, a larger budget and the
associated high legal risk. Sites carrying Aleph’s catalogue prioritize public visibility, carry ads to cover
costs but respond to takedown requests to avoid as much trouble as they can. From the perspective of
expanding access, these are not easy or straightforward tradeoffs. In Aleph’s case, the strong
commitment to the mission of providing free access comes with significant sacrifices, the most important
of which is relinquishing control over its most valuable asset: its collection of 1.2 million scientific books.
But they believe that these costs are justified by the promise, that this way the fate of free access is not
tied to the fate of Aleph.
The fact that piratical file sharing communities are willing to make substantial sacrifices (in terms of selfrestraint) to ensure their long term survival has been documented in a number of different cases. (Bodó,
2013) Aleph is unique, however in its radical open source approach. No other piratical community has
given up all the control over itself entirely. This approach is rooted in the way how it regards the legal
status of its subject matter, i.e. scholarly publications in the first place. While norms of openness in the
field of scientific knowledge production were first formed in the Enlightenment period, Aleph’s
11
BBS comments posted on Jul 02, 2013, and Aug 25, 2013
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copynorms are as much shaped by the specificities of post-Soviet era as by the age old realization that in
science we can see further if we are allowed “standing on the shoulders of giants”.
Copyright and copynorms around Russian pirate libraries
The struggle to re-establish rightsholders’ control over digitized copyrighted works has defined the
copyright policy arena since Napster emerged in 1999. Russia brought a unique history to this conflict. In
Russia, digital libraries and their emerged in a period a double transformation: the post-Soviet copyright
system had to adopt global norms, while the global norms struggled to adapt to the emergence of digital
copying.
The first post-Soviet decade produced new copyright laws that conformed with some of the international
norms advocated by Western rightsholders, but little legal clarity or enforceability (Sezneva & Karaganis,
2011). Under such conditions, informally negotiated copynorms set in to fill the void of non-existent,
unreasonable, or unenforceable laws. The pirate libraries in the RuNet are as much regulated by such
norms as by the actual laws themselves.
During most of the 1990’s user-driven digitization and archiving was legal, or to be more exact, wasn’t
illegal. The first Russian copyright law, enacted in 1993, did not cover “internet rights” until a 2006
amendment (Budylin & Osipova, 2007; Elst, 2005, p. 425). As a result, many argued (including the
Moscow prosecutor’s office), that the distribution of copyrighted works via the internet was not
copyright infringement. Authors and publishers, who saw their works appear in digital form, and
circulated via CD-ROMs and the internet, had to rely on informal norms, still in development, to establish
control over their texts vis-à-vis enthusiastic collectors and for-profit entrepreneurs.
The HARRYFAN CD was one of the early examples of a digital text collection in circulation before internet
access was widespread. The CD contained around ten thousand texts, mostly Russian science fiction. It
was compiled in 1997 by Igor Zagumenov, a book enthusiast, from the texts that circulated on the Holy
Spirit BBS. The CD was a non-profit project, planned to be printed and sold in around 1000 copies.
Zagumenov did get in touch with some of the authors and publishers, and got permission to release
some of their texts, but the CD also included many other works that were uploaded to the BBS without
authorization. The CD included the following copyright notice, alongside the name and contact of
Zagumenov and those who granted permission:
Texts on this CD are distributed in electronic format with the consent of the copyright holders or their
literary agent. The disk is aimed at authors, editors, translators and fans SF & F as a compact reference
and information library. Copying or reproduction of this disc is not allowed. For the commercial use of
texts please refer directly to the copyright owners at the following addresses.
The authors whose texts and unpublished manuscripts appeared in the collection without authorization
started to complain to those whose contact details were in the copyright notice. Some complained
about the material damage the collection may have caused to them, but most complaints focused on
moral rights: unauthorized publication of a manuscript, the mutilation of published works, lack of
attribution, or the removal of original copyright and contact notices. Some authors had no problem
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appearing in non-commercially distributed collections but objected to the fact that the CDs were sold
(and later overproduced in spite of Zagumenov’s intentions).
The debate, which took place in the book-related fora of Fidonet, had some important points.
Participants again drew a significant distinction between free access provided first by Fidonet (and later
by lib.ru, which integrated some parts of the collection) and what was perceived as Zagumenov’s forprofit enterprise—despite the fact that the price of the CD only covered printing costs. The debate also
drew authors’ and publishers’ attention to the digital book communities’ actions, which many saw as
beneficial as long as it respected the wishes of the authors. Some authors did not want to appear online
at all, others wanted only their published works to be circulated.
Lib.ru of course integrated the parts of the HARRYFAN CD into its collection. Moshkov’s policy towards
authors’ rights was to ask for permission, if he could contact the author or publisher. He also honored
takedown requests sent to him. In 1999 he wrote on copyright issues as follows:
The author’s interests must be protected on the Internet: the opportunity to find the original copy, the
right of attribution, protection from distorting the work. Anyone who wants to protect his/her rights,
should be ready to address these problems, ranging from the ability to identify the offending party, to the
possibility of proving infringement.[…]
Meanwhile, it has become a stressing question how to protect authors-netizens' rights regarding their
work published on the Internet. It is known that there are a number of periodicals that reprint material
from the Internet without the permission of the author, without payment of a fee, without prior
arrangement. Such offenders need to be shamed via public outreach. The "Wall of shame" website is one
of the positive examples of effective instruments established by the networked public to protect their
rights. It manages to do the job without bringing legal action - polite warnings, an indication of potential
trouble and shaming of the infringer.
Do we need any laws for digital libraries? Probably we do, but until then we have to do without. Yes, of
course, it would be nice to have their status established as “cultural objects” and have the same rights as
a "real library" to collect information, but that might be in the distant future. It would also be nice to
have the e-library "legal deposits" of publications in electronic form, but when even Leninka [the Russian
State Library] cannot always afford that, what we really need are enthusiastic networkers. […]
The policy of the library is to take everything they give, otherwise they cease to send books. It is also to
listen to the authors and strictly comply with their requirements. And it is to grow and prosper. […] I
simply want the books to find their readers because I am afraid to live in a world where no one reads
books. This is already the case in America, and it is speeding up with us. I don’t just want to derail this
process, I would like to turn it around.”
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Moshkov played a crucial role in consolidating copynorms in the Russian digital publishing domain. His
reputation and place in the Russian literary domain is marked by a number of prizes12, and the library’s
continued existence. This place was secured by a number of closely intertwined factors:
Framing and anchoring the digitization and distribution practice in the library tradition.
The non-profit status of the enterprise.
Respecting the wishes of the rights holders even if he was not legally obliged to do so.
Maintaining active communication with the different stakeholders in the community,
including authors and readers.
Responding to a clear gap in affordable, legal access.
Conservatism with regard to the book, anchored in the argument that digital texts are not
substitutes for printed matter.
Many other digital libraries tried to follow Moshkov’s formula, but the times were changing. Internet and
computer access left the sub-cultural niches and became mainstream; commercialization became a
viable option and thus an issue for both the community and rightsholders; and the legal environment
was about to change.
Formalization of the IP regime in the 2000s
As soon as the 1993 copyright law passed, the US resumed pressure on the Russian government for
further reform. Throughout the period—and indeed to the present day—US Trade Representative
Special 301 reports cited inadequate protections and lack of enforcement of copyright. Russia’s plans to
join the WTO, over which the US had effective veto power, also became leverage to bring the Russian
copyright regime into compliance with US norms.
Book piracy was regularly mentioned in Special 301 reports in the 2000s, but the details, alleged losses,
and analysis changed little from year to year. The estimated $40M USD losses per year throughout this
period were dwarfed by claims from the studios and software vendors, and clearly were not among the
top priorities of the USTR. For most of the decade, the electronic availability of bestsellers and academic
textbooks was seen in the context of print substitution, rather than damage to the non-existent
electronic market. And though there is little direct indication, the Special 301 reports name sites which
(unlike lib.ru) were serving audiences beyond the RuNet, indicating that the focus of enforcement was
not to protect US interests in the Russian market, but to prevent sites based in Russia to cater for
demand in the high value Western-European and US markets.
A 1998 amendment to the 1993 copyright law extended the legal framework to encompass digital rights,
though in a fashion that continued to produce controversy. After 1998, digital services had to license
content from collecting societies, but those societies needed no permission from rightsholders provided
they paid royalites. The result was a proliferation of collective management organizations, competing to
license the material to digital services (Sezneva and Karaganis, 2011), which under this arrangement
12
ROTOR, the International Union of Internet Professionals in Russia voted lib.ru as the “literary site of the year” in
1999,2001 and 2003, “electronic library of the year” in 2004,2006,2008,2009, and 2010, “programmer of the year”
in 1999, and “man of the year” in 2004 and 2005.
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were compliant with Russian law, but were regarded as illegal by Western rights holders who claimed
that the Russian collecting societies were not representing them.
The best known of dispute from this time was the one around the legality of Allofmp3.com, a site that
sold music from western record labels at prices far below those iTunes or other officially licensed
vendors. AllofMP3.com claimed that it was licensed by ROMS, the Russian Society for Multimedia and
Internet (Российское общество по мультимедиа и цифровым сетям (НП РОМС)), but despite of that
became the focal point of US (and behind them, major label) pressure, leading to an unsuccessful
criminal prosecution of the site owner and eventual closure of the site in 2007. Although Lib.ru had
some direct agreements with authors, it also licensed much of its collection from ROMS, and thus was in
the same legal situation as AllofMP3.com. .
Lib.ru avoided the attention of foreign rightholders and Russian state pressure and even benefited from
state support during the period, the receiving a $30,000 grant from the Federal Agency for Press and
Mass Communications to digitize the most important works from the 1930’s. But the chaotic licensing
environment that governed their legal status also came back to haunt them. In 2005, a lawsuit was
brought against Moshkov by KM Online (KMO), an online vendor that sold digital texts for a small fee.
Although the KMO collection—like every other collection—had been assembled from a wide range of
sources on the Internet, KMO claimed to pay a 20% royalty on its income to authors. In 2004 KMO
requested that lib.ru take down works by several authors with whom (or with whose heirs) KMO claimed
to be in exclusive contract to distribute their texts online. KMO’s claims turned out to be only partly true.
KMO had arranged contracts with a number of the heirs to classics of the Soviet period, who hoped to
benefit from an obscure provision in the 1993 Russian copyright law that granted copyrights to the heirs
of politically prosecuted and later rehabilitated Soviet-era authors. Moshkov, in turn, claimed that he
had written or oral agreements with many of the same authors and heirs, in addition to his agreement
with ROMS.
The lawsuit was a true public event. It generated thousands of news items both online and in the
mainstream press. Authors, members of the publishing industry, legal professionals, librarians, internet
professionals publicly supported Moshkov, while KMO was seen as a rogue operator that would lie to
make easy money on freely-available digital resources.
Eventually, the court ruled that KMO indeed had one exclusive contract with Eduard Gevorgyan, and that
the publication of his texts by Moshkov infringed the moral (but not the economic) rights of the author.
Moshkov was ordered to pay 3000 Rubles (approximately $100) in compensation.
The lawsuit was a sign of a slow but significant transformation in the Russian print ecosystem. The idea
of a viable market for electronic books began to find a foothold. Electronic versions of texts began to be
regarded as potential substitutes for the printed versions, not advertisements for them or supplements
to them. More and more commercial services emerged, which regard the well-entrenched free digital
libraries as competitors. As Russia continued to bring its laws into closer conformance with WTO
requirements, ahead of Russia’s admission in 2012, western rightsholders gained enough power to
demand enforcement against RuNet pirate sites. The kinds of selective enforcement for political or
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business purposes, which had marked the Russian IP regime throughout the decade (Sezneva &
Karaganis, 2011), slowly gave way to more uniform enforcement.
Closure of the Legal Regime
The legal, economic, and cultural conditions under which Aleph and its mirrors operate today are very
different from those of two decades earlier. The major legal loopholes are now closed, though Russian
authorities have shown little inclination to pursue Aleph so far:
I can't say whether it's the Russian copyright enforcement or the Western one that's most dangerous for
Aleph; I'd say that Russian enforcement is still likely to tolerate most of the things that Western
publishers won't allow. For example, lib.ru and [L] and other unofficial Russian e-libraries are tolerated
even though far from compliant with the law. These kinds of e-libraries could not survive at all in western
countries.13
Western publishers have been slow to join record, film, and software companies in their aggressive
online enforcement campaigns, and academic publishers even more so. But such efforts are slowly
increasing, as the market for digital texts grows and as publishers benefit from the enforcement
precedents set or won by the more aggressive rightsholder groups. The domain name of [os], one of the
sites mirroring the Aleph collection was seized, apparently due to the legal action taken by a US
rightholder, and it also started to respond to DMCA notices, removing links to books reported to be
infringing. Aleph responds to this with a number of tactical moves:
We want books to be available, but only for those who need them. We do not want [ALEPH] to be visible.
If one knows where to get books, there are here for him or her. In this way we stay relatively invisible (in
search engines, e.g.), but all the relevant communities in the academy know about us. Actually, if you
question people at universities, the percentage of them is quite low. But what's important is that the
news about [ALEPH] is spread mostly by face-to-face communication, where most of the unnecessary
people do not know about it. (Unnecessary are those who aim profit)14
The policy of invisibility is radically different from Moshkov’s policy of maximum visibility. Aleph hopes
that it can recede into the shadows where it will be protected by the omerta of academics sharing the
sharing ethos:
In Russian academia, [Aleph] is tacitly or actively supported. There are people that do not want to be
included, but it is hard to say who they are in most cases. Since there are DMCA complaints, of course
there are people who do not want stuff to appear here. But in our experience the complainers are only
from the non-scientific fellows. […] I haven't seen a single complaint from the authors who should
constitute our major problem: professors etc. No, they don't complain. Who complains are either of such
type I have mentioned or the ever-hungry publishers.15
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The protection the academic community has to offer may not be enough to fend off the publishers’
enforcement actions. The option to recede further into the darknets and hide behind the veil of privacy
technologies is one option the Aleph site has: the first mirror on I2P, an anonymizing network designed
to hide the whereabouts and identity of web services is already operational. But
[i]f people are physically served court invitations, they will have to close the site. The idea is, however,
that the entire collection is copied throughout the world many times over, the database is open, the code
for the site is open, so other people can continue.16
On methodology
We tried to reconstruct the story behind Aleph by conducting interviews and browsing through the BBS
of the community. Access to the site and community members was given under a strict condition of
anonymity. We thus removed any reference to the names and URLs of the services in question.
At one point we shared an early draft of this paper with interested members and asked for their
feedback. Beyond access and feedback, community members were helping the writing of this article by
providing translations of some Russian originals, as well as reviewing the translations made by the
author. In return, we provided financial contributions to the community, in the value of 100 USD.
We reproduced forum entries without any edits to the language, we, however, edited interviews
conducted via IM services to reflect basic writing standards.
16
Anonymous source #1
21
Draft Manuscript, 11/4/2014, DO NOT CITE!
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