Medak
Death and Survival of Dead Labor
2016


# Death and Survival of Dead Labor

by Tomislav Medak — Jan 08, 2016

![](https://schloss-post.com/content/uploads/public-
library_wuerttembergischer-kunstverein-600x450.jpg)

»Public Library. Rethinking the Infrastructures of
Knowledge Production«
Exhibition at Württembergischer Kunstverein Stuttgart, 2014

**The present-day social model of authorship is co-substantive with the
normative regime of copyright. Copyright’s avowed role is to triangulate a
balance between the rights of authors, cultural industries, and the public.
Its legal foundation is in the natural right of the author over the products
of intellectual labor. The recurrent claims of the death of the author,
disputing the primacy of the author over the work, have failed to do much to
displace the dominant understanding of the artwork as an extension of the
personality of the author.**

The structuralist criticism positing an impersonal structuring structure
within which the work operates; the hypertexual criticism dissolving
boundaries of work in the arborescent web of referentiality; or the remix
culture’s hypostatisation of the collective and re-appropriative nature of all
creativity – while changing the meaning we ascribe to the works of culture –
have all failed to leave an impact on how the production of works is
normativized and regulated.

And yet the nexus author–work–copyright has transformed in fundamental ways,
however in ways opposite to what these openings in our social epistemology
have suggested. The figure of the creator, with the attendant apotheosis of
individual creativity and originality, is nowadays more forcefully than ever
before being mobilized and animated by the efforts to expand the exclusive
realm of exploitation of the work under copyright. The forcefulness though
speaks of a deep-seated neurosis, intimating that the purported balance might
not be what it is claimed to be by the copyright advocates. Much is revealed
as we descend into the hidden abode of production.

## _Of Copyright and Authorship_

Copyright has principally an economic function: to unambiguously establish
individualized property in the products of intellectual labor. Once the legal
title is unambiguously assigned, there is a property holder with whose consent
the contracting, commodification, and marketing of the work can proceed. In
that aspect, copyright is not very different from the requirement of formal
freedom that is granted to the laborer to contract out their own labor power
as a commodity to capital, allowing then the capital to maximize the
productivity and appropriate the products of the worker’s labor – which is in
terms of Marx »dead labor.« In fact, the analogy between the contracting of
labor force and the contracting of intellectual work does not stop there. They
also share a common history.

The liberalism of rights and the commodification of labor have emerged from
the context of waning absolutism and incipient capitalism in Europe of the
seventeenth and the eighteenth century. Before the publishers and authors
could have their monopoly over the exploitation of their publications
instituted in the form of copyright, they had to obtain a privilege to print a
book from royal censors. First printing privileges granted to publishers, for
instance in early seventeenth century Great Britain, came with the burden
placed on publishers to facilitate censorship and control over the
dissemination of the growing body of printed matter in the aftermath of the
invention of movable type printing.

The evolution of regulatory mechanisms of contemporary copyright from the
context of absolutism and early capitalism receives its full relief if one
considers how peer review emerged as a self-censoring mechanism within the
Royal Academy and the Académie des sciences. [1] The internal peer review
process helped the academies maintain the privilege to print the works of
their members, which was given to them only under the condition that the works
they publish limit themselves to matters of science and make no political
statements that could otherwise sour the benevolence of the monarch. Once they
expanded to print in their almanacs, journals, and books the works of authors
outside of the academy ranks, they both expanded their scientific authority
and their regulating function to the entire nascent field of modern science.

The transition from the privilege tied to the publisher to the privilege tied
to the natural person of the author would unfold only later. In Great Britain
this occurred as the guild of printers, Stationers’ Company, failed to secure
the extension of its printing privilege and thus, in order to continue with
the business of printing books, decided to advocate a copyright for the
authors instead, which resulted in the passing of the Copyright Act of 1709,
also known as the Statute of Anne. Thus the author became the central figure
in the regulation of literary and scientific production. Not only did the
author now receive the exclusive rights to the work, the author was also made
– as Foucault has famously analyzed – the identifiable subject of scrutiny,
censorship, and political sanction by the absolutist state or the church.

And yet, although the romantic author now took center stage, copyright
regulation, the economic compensation for the work, would long remain no more
than an honorary one. Until well into the eighteenth century literary writing
and creativity in general were regarded as resulting from the divine
inspiration and not from the individual genius of the author. Money earned in
the growing business with books mostly stayed in the hands of the publishers,
while the author received an honorarium, a flat sum that served as a »token of
esteem.« [2] It was only with the increasingly vocal demand by the authors to
secure material and political independence from the patronage and authority
that they started to make claims for rightful remuneration.

## _Of Compensation and Exploitation
_

The moment of full-blown affirmation of romantic author-function marks a
historic moment of redistribution and establishment of compromise between the
right of publishers to economic exploitation of the works and the right of
authors to rightful compensation for their works. Economically this was made
possible by the expanding market for printed books in the eighteenth and the
nineteenth century, while politically this was catalyzed by the growing desire
for autonomy of scientific and literary production from the system of feudal
patronage and censorship in gradually liberalizing modern capitalist
societies. The autonomy of production was substantially coupled to the
production for the market. However, the irenic balance could not last
unobstructed. Once the production of culture and science was subsumed under
the exigencies of the market, it had to follow the laws of commodification and
competition that no commodity production can escape.

With the development of big corporation and monopoly capitalism, [3] the
purported balance between the author and the publisher, the innovator or
scientist and the company, the labor and the capital, the public circulation
and the pressures of monetization has become unhinged. While the legislative
expansions of protections, court decisions, and multilateral treaties are
legitimated on basis of the rights of creators, they have become the economic
basis for the monopolies dominating the commanding heights of the global
economy to protect their dominant position in the world market. The levels of
concentration in the industries with large portfolios of various forms of
intellectual property rights is staggering. The film industry is a US$88
billion industry dominated by six major studios. The recorded music industry
is an almost US$20 billion industry dominated by three major labels. The
publishing industry is a US$120 billion industry, where the leading ten earn
in revenues more than the next 40 largest publishing groups. Among patent
holding industries, the situation is a little more diversified, but big patent
portfolios in general dictate the dynamics of market power.

Academic publishing in particular draws a stark relief of the state of play.
It is a US$10 billion industry dominated by five publishers, financed up to
75% from the subscriptions of libraries. It is notorious for achieving extreme
year on year profit margins – in the case of Reed Elsevier regularly well over
20%, with Taylor & Francis, Springer, and Wiley-Blackwell only just lagging
behind. [4] Given that the work of contributing authors is not paid, but
financed by their institutions (provided they are employed at an institution)
and that the publications nowadays come mostly in the form of electronic
articles licensed under subscription for temporary use to libraries and no
longer sold as printed copies, the public interest could be served at a much
lower cost by leaving commercial closed-access publishers out of the equation.
However, given the entrenched position of these publishers and their control
over the moral economy of reputation in academia, the public disservice that
they do cannot be addressed within the historic ambit of copyright. It
requires politicization.

## _Of Law and Politics_

When we look back on the history of copyright, before there was legality there
was legitimacy. In the context of an almost completely naturalized and
harmonized global regulation of copyright the political question of legitimacy
seems to be no longer on the table. An illegal copy is an object of exchange
that unsettles the existing economies of cultural production. And yet,
copyright nowadays marks a production model that serves the power of
appropriation from the author and market power of the publishers much more
than the labor of cultural producers. Hence the illegal copy is again an
object begging the question as to what do we do at a rare juncture when a
historic opening presents itself to reorganize how a good, such as knowledge
and culture, is produced and distributed in a society. We are at such a
juncture, a juncture where the regime regulating legality and illegality might
be opened to the questioning of its legitimacy or illegitimacy.

1. Jump Up For a more detailed account of this development, as well as for the history of printing privilege in Great Britain, see Mario Biagioli: »From Book Censorship to Academic Peer Review,« in: _Emergences:_ _Journal for the Study of Media & Composite Cultures _12, no. 1 [2002], pp. 11–45.
2. Jump Up The transition of authorship from honorific to professional is traced back in Martha Woodmansee: _The Author, Art, and the Market: Rereading the History of Aesthetics_. New York 1996.
3. Jump Up When referencing monopoly markets, we do not imply purely monopolistic markets, where one company is the only enterprise selling a product, but rather markets where a small number of companies hold most of the market. In monopolistic competition, oligopolies profit from not competing on prices. Rather »all the main players are large enough to survive a price war, and all it would do is shrink the size of the industry revenue pie that the firms are fighting over. Indeed, the price in an oligopolistic industry will tend to gravitate toward what it would be in a pure monopoly, so the contenders are fighting for slices of the largest possible revenue pie.« Robert W. McChesney: _Digital Disconnect: How Capitalism Is Turning the Internet Against Democracy_. New York 2013, pp. 37f. The immediate effect of monopolistic competition in culture is that the consumption is shaped to conform to the needs of the large enterprise, i.e. to accommodate the economies of scale, narrowing the range of styles, expressions, and artists published and promoted in the public.
4. Jump Up Vincent Larivière, Stefanie Haustein, and Philippe Mongeon: »The Oligopoly of Academic Publishers in the Digital Era,« in: _PLoS ONE_ 10, no. 6 [June 2015]: e0127502, doi:10.1371/journal.pone.0127502.

![](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)

[Tomislav Medak](https://schloss-post.com/person/tomislav-medak/),
Zagreb/Croatia — Performing Arts, Solitude fellow 2013–2015

Tomislav Medak is a philosopher with interests in contemporary political
philosophy, media theory and aesthetics. He is coordinating the theory program
and publishing activities of the Multimedia Institute/MAMA (Zagreb/Croatia),
and works in parallel with the Zagreb-based theatre collective BADco.


Barok
Communing Texts
2014


Communing Texts

_A talk given on the second day of the conference_ [Off the
Press](http://digitalpublishingtoolkit.org/22-23-may-2014/program/) _held at
WORM, Rotterdam, on May 23, 2014. Also available
in[PDF](/images/2/28/Barok_2014_Communing_Texts.pdf "Barok 2014 Communing
Texts.pdf")._

I am going to talk about publishing in the humanities, including scanning
culture, and its unrealised potentials online. For this I will treat the
internet not only as a platform for storage and distribution but also as a
medium with its own specific means for reading and writing, and consider the
relevance of plain text and its various rendering formats, such as HTML, XML,
markdown, wikitext and TeX.

One of the main reasons why books today are downloaded and bookmarked but
hardly read is the fact that they may contain something relevant but they
begin at the beginning and end at the end; or at least we are used to treat
them in this way. E-book readers and browsers are equipped with fulltext
search functionality but the search for "how does the internet change the way
we read" doesn't yield anything interesting but the diversion of attention.
Whilst there are dozens of books written on this issue. When being insistent,
one easily ends up with a folder with dozens of other books, stucked with how
to read them. There is a plethora of books online, yet there are indeed mostly
machines reading them.

It is surely tempting to celebrate or to despise the age of artificial
intelligence, flat ontology and narrowing down the differences between humans
and machines, and to write books as if only for machines or return to the
analogue, but we may as well look back and reconsider the beauty of simple
linear reading of the age of print, not for nostalgia but for what we can
learn from it.

This perspective implies treating texts in their context, and particularly in
the way they commute, how they are brought in relations with one another, into
a community, by the mere act of writing, through a technique that have
developed over time into what we have came to call _referencing_. While in the
early days referring to texts was practised simply as verbal description of a
referred writing, over millenia it evolved into a technique with standardised
practices and styles, and accordingly: it gained _precision_. This precision
is however nothing machinic, since referring to particular passages in other
texts instead of texts as wholes is an act of comradeship because it spares
the reader time when locating the passage. It also makes apparent that it is
through contexts that the web of printed books has been woven. But even though
referencing in its precision has been meant to be very concrete, particularly
the advent of the web made apparent that it is instead _virtual_. And for the
reader, laborous to follow. The web has shown and taught us that a reference
from one document to another can be plastic. To follow a reference from a
printed book the reader has to stand up, walk down the street to a library,
pick up the referred volume, flip through its pages until the referred one is
found and then follow the text until the passage most probably implied in the
text is identified, while on the web the reader, _ideally_ , merely moves her
finger a few milimeters. To click or tap; the difference between the long way
and the short way is obviously the hyperlink. Of course, in the absence of the
short way, even scholars are used to follow the reference the long way only as
an exception: there was established an unwritten rule to write for readers who
are familiar with literature in the respective field (what in turn reproduces
disciplinarity of the reader and writer), while in the case of unfamiliarity
with referred passage the reader inducts its content by interpreting its
interpretation of the writer. The beauty of reading across references was
never fully realised. But now our question is, can we be so certain that this
practice is still necessary today?

The web silently brought about a way to _implement_ the plasticity of this
pointing although it has not been realised as the legacy of referencing as we
know it from print. Today, when linking a text and having a particular passage
in mind, and even describing it in detail, the majority of links physically
point merely to the beginning of the text. Hyperlinks are linking documents as
wholes by default and the use of anchors in texts has been hardly thought of
as a _requirement_ to enable precise linking.

If we look at popular online journalism and its use of hyperlinks within the
text body we may claim that rarely someone can afford to read all those linked
articles, not even talking about hundreds of pages long reports and the like
and if something is wrong, it would get corrected via comments anyway. On the
internet, the writer is meant to be in more immediate feedback with the
reader. But not always readers are keen to comment and not always they are
allowed to. We may be easily driven to forget that quoting half of the
sentence is never quoting a full sentence, and if there ought to be the entire
quote, its source text in its whole length would need to be quoted. Think of
the quote _information wants to be free_ , which is rarely quoted with its
wider context taken into account. Even factoids, numbers, can be carbon-quoted
but if taken out of the context their meaning can be shaped significantly. The
reason for aversion to follow a reference may well be that we are usually
pointed to begin reading another text from its beginning.

While this is exactly where the practices of linking as on the web and
referencing as in scholarly work may benefit from one another. The question is
_how_ to bring them closer together.

An approach I am going to propose requires a conceptual leap to something we
have not been taught.

For centuries, the primary format of the text has been the page, a vessel, a
medium, a frame containing text embedded between straight, less or more
explicit, horizontal and vertical borders. Even before the material of the
page such as papyrus and paper appeared, the text was already contained in
lines and columns, a structure which we have learnt to perceive as a grid. The
idea of the grid allows us to view text as being structured in lines and
pages, that are in turn in hand if something is to be referred to. Pages are
counted as the distance from the beginning of the book, and lines as the
distance from the beginning of the page. It is not surprising because it is in
accord with inherent quality of its material medium -- a sheet of paper has a
shape which in turn shapes a body of a text. This tradition goes as far as to
the Ancient times and the bookroll in which we indeed find textual grids.

[![Papyrus of Plato
Phaedrus.jpg](/images/thumb/4/49/Papyrus_of_Plato_Phaedrus.jpg/700px-
Papyrus_of_Plato_Phaedrus.jpg)](/File:Papyrus_of_Plato_Phaedrus.jpg)

[![](/skins/common/images/magnify-
clip.png)](/File:Papyrus_of_Plato_Phaedrus.jpg "Enlarge")


A crucial difference between print and digital is that text files such as HTML
documents nor markdown documents nor database-driven texts did inherit this
quality. Their containers are simply not structured into pages, precisely
because of the nature of their materiality as media. Files are written on
memory drives in scattered chunks, beginning at point A and ending at point B
of a drive, continuing from C until D, and so on. Where does each of these
chunks start is ultimately independent from what it contains.

Forensic archaeologists would confirm that when a portion of a text survives,
in the case of ASCII documents it is not a page here and page there, or the
first half of the book, but textual blocks from completely arbitrary places of
the document.

This may sound unrelated to how we, humans, structure our writing in HTML
documents, emails, Office documents, even computer code, but it is a reminder
that we structure them for habitual (interfaces are rectangular) and cultural
(human-readability) reasons rather then for a technical necessity that would
stem from material properties of the medium. This distinction is apparent for
example in HTML, XML, wikitext and TeX documents with their content being both
stored on the physical drive and treated when rendered for reading interfaces
as single flow of text, and the same goes for other texts when treated with
automatic line-break setting turned off. Because line-breaks and spaces and
everything else is merely a number corresponding to a symbol in character set.

So how to address a section in this kind of document? An option offers itself
-- how computers do, or rather how we made them do it -- as a position of the
beginning of the section in the array, in one long line. It would mean to
treat the text document not in its grid-like format but as line, which merely
adapts to properties of its display when rendered. As it is nicely implied in
the animated logo of this event and as we know it from EPUBs for example.

The general format of bibliographic record is:



Author. Title. Publisher. [Place.] Date. [Page.] URL.


In the case of 'reference-linking' we can refer to a passage by including the
information about its beginning and length determined by the character
position within the text (in analogy to _pp._ operator used for printed
publications) as well as the text version information (in printed texts served
by edition and date of publication). So what is common in printed text as the
page information is here replaced by the character position range and version.
Such a reference-link is more precise while addressing particular section of a
particular version of a document regardless of how it is rendered on an
interface.

It is a relatively simple idea and its implementation does not be seem to be
very hard, although I wonder why it has not been implemented already. I
discussed it with several people yesterday to find out there were indeed
already attempts in this direction. Adam Hyde pointed me to a proposal for
_fuzzy anchors_ presented on the blog of the Hypothes.is initiative last year,
which in order to overcome the need for versioning employs diff algorithms to
locate the referred section, although it is too complicated to be explained in
this setting.[1] Aaaarg has recently implemented in its PDF reader an option
to generate URLs for a particular point in the scanned document which itself
is a great improvement although it treats texts as images, thus being specific
to a particular scan of a book, and generated links are not public URLs.

Using the character position in references requires an agreement on how to
count. There are at least two options. One is to include all source code in
positioning, which means measuring the distance from the anchor such as the
beginning of the text, the beginning of the chapter, or the beginning of the
paragraph. The second option is to make a distinction between operators and
operands, and count only in operands. Here there are further options where to
make the line between them. We can consider as operands only characters with
phonetic properties -- letters, numbers and symbols, stripping the text from
operators that are there to shape sonic and visual rendering of the text such
as whitespaces, commas, periods, HTML and markdown and other tags so that we
are left with the body of the text to count in. This would mean to render
operators unreferrable and count as in _scriptio continua_.

_Scriptio continua_ is a very old example of the linear onedimensional
treatment of the text. Let's look again at the bookroll with Plato's writing.
Even though it is 'designed' into grids on a closer look it reveals the lack
of any other structural elements -- there are no spaces, commas, periods or
line-breaks, the text is merely one flow, one long line.

_Phaedrus_ was written in the fourth century BC (this copy comes from the
second century AD). Word and paragraph separators were reintroduced much
later, between the second and sixth century AD when rolls were gradually
transcribed into codices that were bound as pages and numbered (a dramatic
change in publishing comparable to digital changes today).[2]

'Reference-linking' has not been prominent in discussions about sharing books
online and I only came to realise its significance during my preparations for
this event. There is a tremendous amount of very old, recent and new texts
online but we haven't done much in opening them up to contextual reading. In
this there are publishers of all 'grounds' together.

We are equipped to treat the internet not only as repository and library but
to take into account its potentials of reading that have been hiding in front
of our very eyes. To expand the notion of hyperlink by taking into account
techniques of referencing and to expand the notion of referencing by realising
its plasticity which has always been imagined as if it is there. To mesh texts
with public URLs to enable entaglement of referencing and hyperlinks. Here,
open access gains its further relevance and importance.

Dušan Barok

_Written May 21-23, 2014, in Vienna and Rotterdam. Revised May 28, 2014._

Notes

1. ↑ Proposals for paragraph-based hyperlinking can be traced back to the work of Douglas Engelbart, and today there is a number of related ideas, some of which were implemented on a small scale: fuzzy anchoring, 1(http://hypothes.is/blog/fuzzy-anchoring/); purple numbers, 2(http://project.cim3.net/wiki/PMWX_White_Paper_2008); robust anchors, 3(http://github.com/hypothesis/h/wiki/robust-anchors); _Emphasis_ , 4(http://open.blogs.nytimes.com/2011/01/11/emphasis-update-and-source); and others 5(http://en.wikipedia.org/wiki/Fragment_identifier#Proposals). The dependence on structural elements such as paragraphs is one of their shortcoming making them not suitable for texts with longer paragraphs (e.g. Adorno's _Aesthetic Theory_ ), visual poetry or computer code; another is the requirement to store anchors along the text.
2. ↑ Works which happened not to be of interest at the time ceased to be copied and mostly disappeared. On the book roll and its gradual replacement by the codex see William A. Johnson, "The Ancient Book", in _The Oxford Handbook of Papyrology_ , ed. Roger S. Bagnall, Oxford, 2009, pp 256-281, 6(http://google.com/books?id=6GRcLuc124oC&pg=PA256).

Addendum (June 9)

Arie Altena wrote a [report from the
panel](http://digitalpublishingtoolkit.org/2014/05/off-the-press-report-day-
ii/) published on the website of Digital Publishing Toolkit initiative,
followed by another [summary of the
talk](http://digitalpublishingtoolkit.org/2014/05/dusan-barok-digital-imprint-
the-motion-of-publishing/) by Irina Enache.

The online repository Aaaaarg [has
introduced](http://twitter.com/aaaarg/status/474717492808413184) the
reference-link function in its document viewer, see [an
example](http://aaaaarg.fail/ref/60090008362c07ed5a312cda7d26ecb8#0.102).


 

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