This publication is realized along with the exhibition
Public Library • 27/5 –13/06 2015 • Gallery Nova • Zagreb
Izdavači / Publishers
Editors
Tomislav Medak • Marcell Mars •
What, How & for Whom / WHW
ISBN 978-953-55951-3-7 [Što, kako i za koga/WHW]
ISBN 978-953-7372-27-9 [Multimedijalni institut]
A Cip catalog record for this book is available from the
National and University Library in Zagreb under 000907085
With the support of the Creative Europe Programme of the
European Union
ZAGREB • ¶ May • 2015
Public Library
1.
Marcell Mars, Manar Zarroug
& Tomislav Medak
75
Public Library (essay)
2.
Paul Otlet
87
Transformations in the Bibliographical
Apparatus of the Sciences
(Repertory — Classification — Office
of Documentation)
3.
McKenzie Wark
111
Metadata Punk
4.
Tomislav Medak
The Future After the Library
UbuWeb and Monoskop’s Radical Gestures
121
Marcell Mars,
Manar Zarroug
& Tomislav Medak
Public library (essay)
In What Was Revolutionary about the French Revolution? 01 Robert Darnton considers how a complete collapse of the social order (when absolutely
everything — all social values — is turned upside
down) would look. Such trauma happens often in
the life of individuals but only rarely on the level
of an entire society.
In 1789 the French had to confront the collapse of
a whole social order—the world that they defined
retrospectively as the Ancien Régime — and to find
some new order in the chaos surrounding them.
They experienced reality as something that could
be destroyed and reconstructed, and they faced
seemingly limitless possibilities, both for good and
evil, for raising a utopia and for falling back into
tyranny.02
The revolution bootstraps itself.
01 Robert H. Darnton, What Was Revolutionary about the
French Revolution? (Waco, TX: Baylor University Press,
1996), 6.
02 Ibid.
Public library (essay)
75
In the dictionaries of the time, the word revolution was said to derive from the verb to revolve and
was defined as “the return of the planet or a star to
the same point from which it parted.” 03 French political vocabulary spread no further than the narrow
circle of the feudal elite in Versailles. The citizens,
revolutionaries, had to invent new words, concepts
… an entire new language in order to describe the
revolution that had taken place.
They began with the vocabulary of time and space.
In the French revolutionary calendar used from 1793
until 1805, time started on 1 Vendémiaire, Year 1, a
date which marked the abolition of the old monarchy on (the Gregorian equivalent) 22 September
1792. With a decree in 1795, the metric system was
adopted. As with the adoption of the new calendar,
this was an attempt to organize space in a rational
and natural way. Gram became a unit of mass.
In Paris, 1,400 streets were given new names.
Every reminder of the tyranny of the monarchy
was erased. The revolutionaries even changed their
names and surnames. Le Roy or Leveque, commonly
used until then, were changed to Le Loi or Liberté.
To address someone, out of respect, with vous was
forbidden by a resolution passed on 24 Brumaire,
Year 2. Vous was replaced with tu. People are equal.
The watchwords Liberté, égalité, fraternité (freedom, equality, brotherhood)04 were built through
03 Ibid.
04 Slogan of the French Republic, France.fr, n.d.,
http://www.france.fr/en/institutions-and-values/slogan
-french-republic.html.
76
M. Mars • M. Zarroug • T. Medak
literacy, new epistemologies, classifications, declarations, standards, reason, and rationality. What first
comes to mind about the revolution will never again
be the return of a planet or a star to the same point
from which it departed. Revolution bootstrapped,
revolved, and hermeneutically circularized itself.
Melvil Dewey was born in the state of New York in
1851.05 His thirst for knowledge was found its satisfaction in libraries. His knowledge about how to
gain knowledge was developed by studying libraries.
Grouping books on library shelves according to the
color of the covers, the size and thickness of the spine,
or by title or author’s name did not satisfy Dewey’s
intention to develop appropriate new epistemologies in the service of the production of knowledge
about knowledge. At the age of twenty-four, he had
already published the first of nineteen editions of
A Classification and Subject Index for Cataloguing
and Arranging the Books and Pamphlets of a Library,06 the classification system that still bears its
author’s name: the Dewey Decimal System. Dewey
had a dream: for his twenty-first birthday he had
announced, “My World Work [will be] Free Schools
and Free Libraries for every soul.”07
05 Richard F. Snow, “Melvil Dewey”, American Heritage 32,
no. 1 (December 1980),
http://www.americanheritage.com/content/melvil-dewey.
06 Melvil Dewey, A Classification and Subject Index for Cataloguing and Arranging the Books and Pamphlets of a
Library (1876), Project Gutenberg e-book 12513 (2004),
http://www.gutenberg.org/files/12513/12513-h/12513-h.htm.
07 Snow, “Melvil Dewey”.
Public library (essay)
77
His dream came true. Public Library is an entry
in the catalog of History where a fantastic decimal08
describes a category of phenomenon that—together
with free public education, a free public healthcare,
the scientific method, the Universal Declaration of
Human Rights, Wikipedia, and free software, among
others—we, the people, are most proud of.
The public library is a part of these invisible infrastructures that we start to notice only once they
begin to disappear. A utopian dream—about the
place from which every human being will have access to every piece of available knowledge that can
be collected—looked impossible for a long time,
until the egalitarian impetus of social revolutions,
the Enlightment idea of universality of knowledge,
and the expcetional suspenssion of the comercial
barriers to access to knowledge made it possible.
The internet has, as in many other situations, completely changed our expectations and imagination
about what is possible. The dream of a catalogue
of the world — a universal approach to all available
knowledge for every member of society — became
realizable. A question merely of the meeting of
curves on a graph: the point at which the line of
global distribution of personal computers meets
that of the critical mass of people with access to
the internet. Today nobody lacks the imagination
necessary to see public libraries as part of a global infrastructure of universal access to knowledge
for literally every member of society. However, the
08 “Dewey Decimal Classification: 001.”, Dewey.info, 27 October 2014, http://dewey.info/class/001/2009-08/about.en.
78
M. Mars • M. Zarroug • T. Medak
emergence and development of the internet is taking place precisely at the point at which an institutional crisis—one with traumatic and inconceivable
consequences—has also begun.
The internet is a new challenge, creating experiences commonly proferred as ‘revolutionary’. Yet, a
true revolution of the internet is the universal access
to all knowledge that it makes possible. However,
unlike the new epistemologies developed during
the French revolution the tendency is to keep the
‘old regime’ (of intellectual property rights, market
concentration and control of access). The new possibilities for classification, development of languages,
invention of epistemologies which the internet poses,
and which might launch off into new orbits from
existing classification systems, are being suppressed.
In fact, the reactionary forces of the ‘old regime’
are staging a ‘Thermidor’ to suppress the public libraries from pursuing their mission. Today public
libraries cannot acquire, cannot even buy digital
books from the world’s largest publishers.09 The
small amount of e-books that they were able to acquire already they must destroy after only twenty-six
lendings.10 Libraries and the principle of universal
09 “American Library Association Open Letter to Publishers on
E-Book Library Lending”, Digital Book World, 24 September
2012, http://www.digitalbookworld.com/2012/americanlibrary-association-open-letter-to-publishers-on-e-booklibrary-lending/.
10 Jeremy Greenfield, “What Is Going On with Library E-Book
Lending?”, Forbes, 22 June 2012, http://www.forbes.com/
sites/jeremygreenfield/2012/06/22/what-is-going-on-withlibrary-e-book-lending/.
Public library (essay)
79
access to all existing knowledge that they embody
are losing, in every possible way, the battle with a
market dominated by new players such as Amazon.
com, Google, and Apple.
In 2012, Canada’s Conservative Party–led government cut financial support for Libraries and
Archives Canada (LAC) by Can$9.6 million, which
resulted in the loss of 400 archivist and librarian
jobs, the shutting down of some of LAC’s internet
pages, and the cancellation of the further purchase
of new books.11 In only three years, from 2010 to
2012, some 10 percent of public libraries were closed
in Great Britain.12
The commodification of knowledge, education,
and schooling (which are the consequences of a
globally harmonized, restrictive legal regime for intellectual property) with neoliberal austerity politics
curtails the possibilities of adapting to new sociotechnological conditions, let alone further development, innovation, or even basic maintenance of
public libraries’ infrastructure.
Public libraries are an endangered institution,
doomed to extinction.
Petit bourgeois denial prevents society from confronting this disturbing insight. As in many other
fields, the only way out offered is innovative mar11 Aideen Doran, “Free Libraries for Every Soul: Dreaming
of the Online Library”, The Bear, March 2014, http://www.
thebear-review.com/#!free-libraries-for-every-soul/c153g.
12 Alison Flood, “UK Lost More than 200 Libraries in 2012”,
The Guardian, 10 December 2012, http://www.theguardian.
com/books/2012/dec/10/uk-lost-200-libraries-2012.
80
M. Mars • M. Zarroug • T. Medak
ket-based entrepreneurship. Some have even suggested that the public library should become an
open software platform on top of which creative
developers can build app stores13 or Internet cafés
for the poorest, ensuring that they are only a click
away from the Amazon.com catalog or the Google
search bar. But these proposals overlook, perhaps
deliberately, the fundamental principles of access
upon which the idea of the public library was built.
Those who are well-meaning, intelligent, and
tactfull will try to remind the public of all the many
sides of the phenomenon that the public library is:
major community center, service for the vulnerable,
center of literacy, informal and lifelong learning; a
place where hobbyists, enthusiasts, old and young
meet and share knowledge and skills.14 Fascinating. Unfortunately, for purely tactical reasons, this
reminder to the public does not always contain an
explanation of how these varied effects arise out of
the foundational idea of a public library: universal
access to knowledge for each member of the society produces knowledge, produces knowledge about
knowledge, produces knowledge about knowledge
transfer: the public library produces sociability.
The public library does not need the sort of creative crisis management that wants to propose what
13 David Weinberger, “Library as Platform”, Library Journal,
4 September 2012, http://lj.libraryjournal.com/2012/09/
future-of-libraries/by-david-weinberger/.
14 Shannon Mattern, “Library as Infrastructure”, Design
Observer, 9 June 2014, http://places.designobserver.com/
entryprint.html?entry=38488.
Public library (essay)
81
the library should be transformed into once our society, obsessed with market logic, has made it impossible for the library to perform its main mission. Such
proposals, if they do not insist on universal access
to knowledge for all members, are Trojan horses for
the silent but galloping disappearance of the public
library from the historical stage. Sociability—produced by public libraries, with all the richness of its
various appearances—will be best preserved if we
manage to fight for the values upon which we have
built the public library: universal access to knowledge for each member of our society.
Freedom, equality, and brotherhood need brave librarians practicing civil disobedience.
Library Genesis, aaaaarg.org, Monoskop, UbuWeb
are all examples of fragile knowledge infrastructures
built and maintained by brave librarians practicing
civil disobedience which the world of researchers
in the humanities rely on. These projects are re-inventing the public library in the gap left by today’s
institutions in crisis.
Library Genesis15 is an online repository with over
a million books and is the first project in history to
offer everyone on the Internet free download of its
entire book collection (as of this writing, about fifteen terabytes of data), together with the all metadata
(MySQL dump) and PHP/HTML/Java Script code
for webpages. The most popular earlier reposito15 See http://libgen.org/.
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M. Mars • M. Zarroug • T. Medak
ries, such as Gigapedia (later Library.nu), handled
their upload and maintenance costs by selling advertising space to the pornographic and gambling
industries. Legal action was initiated against them,
and they were closed.16 News of the termination of
Gigapedia/Library.nu strongly resonated among
academics and book enthusiasts circles and was
even noted in the mainstream Internet media, just
like other major world events. The decision by Library Genesis to share its resources has resulted
in a network of identical sites (so-called mirrors)
through the development of an entire range of Net
services of metadata exchange and catalog maintenance, thus ensuring an exceptionally resistant
survival architecture.
aaaaarg.org, started by the artist Sean Dockray, is
an online repository with over 50,000 books and
texts. A community of enthusiastic researchers from
critical theory, contemporary art, philosophy, architecture, and other fields in the humanities maintains,
catalogs, annotates, and initiates discussions around
it. It also as a courseware extension to the self-organized education platform The Public School.17
16 Andrew Losowsky, “Library.nu, Book Downloading Site,
Targeted in Injunctions Requested by 17 Publishers,” Huffington Post, 15 February 2012, http://www.huffingtonpost.
com/2012/02/15/librarynu-book-downloading-injunction_
n_1280383.html.
17 “The Public School”, The Public School, n.d.,
https://www.thepublicschool.org/.
Public library (essay)
83
UbuWeb18 is the most significant and largest online
archive of avant-garde art; it was initiated and is lead
by conceptual artist Kenneth Goldsmith. UbuWeb,
although still informal, has grown into a relevant
and recognized critical institution of contemporary
art. Artists want to see their work in its catalog and
thus agree to a relationship with UbuWeb that has
no formal contractual obligations.
Monoskop is a wiki for the arts, culture, and media
technology, with a special focus on the avant-garde,
conceptual, and media arts of Eastern and Central
Europe; it was launched by Dušan Barok and others.
In the form of a blog Dušan uploads to Monoskop.
org/log an online catalog of curated titles (at the
moment numbering around 3,000), and, as with
UbuWeb, it is becoming more and more relevant
as an online resource.
Library Genesis, aaaaarg.org, Kenneth Goldsmith,
and Dušan Barok show us that the future of the
public library does not need crisis management,
venture capital, start-up incubators, or outsourcing but simply the freedom to continue extending
the dreams of Melvil Dewey, Paul Otlet19 and other
visionary librarians, just as it did before the emergence of the internet.
18 See http://ubu.com/.
19 “Paul Otlet”, Wikipedia, 27 October 2014,
http://en.wikipedia.org/wiki/Paul_Otlet.
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M. Mars • M. Zarroug • T. Medak
With the emergence of the internet and software
tools such as Calibre and “[let’s share books],”20 librarianship has been given an opportunity, similar to astronomy and the project SETI@home21, to
include thousands of amateur librarians who will,
together with the experts, build a distributed peerto-peer network to care for the catalog of available
knowledge, because
a public library is:
— free access to books for every member of society
— library catalog
— librarian
With books ready to be shared, meticulously
cataloged, everyone is a librarian.
When everyone is librarian, library is
everywhere.22
❧
20 “Tools”, Memory of the World, n.d.,
https://www.memoryoftheworld.org/tools/.
21 See http://setiathome.berkeley.edu/.
22 “End-to-End Catalog”, Memory of the World, 26 November 2012,
https://www.memoryoftheworld.org/end-to-end-catalog/.
Public library (essay)
85
Paul Otlet
Transformations
in the Bibliographical Apparatus
of the Sciences [1]
Repertory — Classification — Office
of Documentation
1. Because of its length, its extension to all countries,
the profound harm that it has created in everyone’s
life, the War has had, and will continue to have, repercussions for scientific productivity. The hour for
the revision of the old order is about to strike. Forced
by the need for economies of men and money, and
by the necessity of greater productivity in order to
hold out against all the competition, we are going to
have to introduce reforms into each of the branches
of the organisation of science: scientific research, the
preservation of its results, and their wide diffusion.
Everything happens simultaneously and the distinctions that we will introduce here are only to
facilitate our thinking. Always adjacent areas, or
even those that are very distant, exert an influence
on each other. This is why we should recognize the
impetus, growing each day even greater in the organisation of science, of the three great trends of
our times: the power of associations, technological
progress and the democratic orientation of institutions. We would like here to draw attention to some
of their consequences for the book in its capacity
Transformations In The Bibliographical
Apparatus Of The Sciences
87
as an instrument for recording what has been discovered and as a necessary means for stimulating
new discoveries.
The Book, the Library in which it is preserved,
and the Catalogue which lists it, have seemed for
a long time as if they had achieved their heights of
perfection or at least were so satisfactory that serious
changes need not be contemplated. This may have
been so up to the end of the last century. But for a
score of years great changes have been occurring
before our very eyes. The increasing production of
books and periodicals has revealed the inadequacy of
older methods. The increasing internationalisation
of science has required workers to extend the range
of their bibliographic investigations. As a result, a
movement has occurred in all countries, especially
Germany, the United States and England, for the
expansion and improvement of libraries and for
an increase in their numbers. Publishers have been
searching for new, more flexible, better-illustrated,
and cheaper forms of publication that are better-coordinated with each other. Cataloguing enterprises
on a vast scale have been carried out, such as the
International Catalogue of Scientific Literature and
the Universal Bibliographic Repertory. [2]
Three facts, three ideas, especially merit study
for they represent something really new which in
the future can give us direction in this area. They
are: The Repertory, Classification and the Office of
Documentation.
•••
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Paul Otlet
2. The Repertory, like the book, has gradually been
increasing in size, and improvements in it suggest
the emergence of something new which will radically modify our traditional ideas.
From the point of view of form, a book can be
defined as a group of pages cut to the same format
and gathered together in such a way as to form a
whole. It was not always so. For a long time the
Book was a roll, a volumen. The substances which
then took the place of paper — papyrus and parchment — were written on continuously from beginning to end. Reading required unrolling. This was
certainly not very practical for the consultation of
particular passages or for writing on the verso. The
codex, which was introduced in the first centuries of
the modern era and which is the basis of our present
book, removed these inconveniences. But its faults
are numerous. It constitutes something completed,
finished, not susceptible of addition. The Periodical
with its successive issues has given science a continuous means of concentrating its results. But, in
its turn, the collections that it forms runs into the
obstacle of disorder. It is impossible to link similar
or connected items; they are added to one another
pell-mell, and research requires handling great masses of heavy paper. Of course indexes are a help and
have led to progress — subject indexes, sometimes
arranged systematically, sometimes analytically,
and indexes of names of persons and places. These
annual indexes are preceded by monthly abstracts
and are followed by general indexes cumulated every
five, ten or twenty-five years. This is progress, but
the Repertory constitutes much greater progress.
Transformations In The Bibliographical
Apparatus Of The Sciences
89
The aim of the Repertory is to detach what the
book amalgamates, to reduce all that is complex to
its elements and to devote a page to each. Pages, here,
are leaves or cards according to the format adopted.
This is the “monographic” principle pushed to its
ultimate conclusion. No more binding or, if it continues to exist, it will become movable, that is to
say, at any moment the cards held fast by a pin or a
connecting rod or any other method of conjunction
can be released. New cards can then be intercalated,
replacing old ones, and a new arrangement made.
The Repertory was born of the Catalogue. In
such a work, the necessity for intercalations was
clear. Nor was there any doubt as to the unitary or
monographic notion: one work, one title; one title,
one card. As a result, registers which listed the same
collections of books for each library but which had
constantly to be re-done as the collections expanded,
have gradually been discarded. This was practical
and justified by experience. But upon reflection one
wonders whether the new techniques might not be
more generally applied.
What is a book, in fact, if not a single continuous line which has initially been cut to the length
of a page and then cut again to the size of a justified
line? Now, this cutting up, this division, is purely
mechanical; it does not correspond to any division
of ideas. The Repertory provides a practical means
of physically dividing the book according to the
intellectual division of ideas.
Thus, the manuscript library catalogue on cards
has been quickly followed by catalogues printed on
cards (American Library Bureau, the Catalogue or
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Paul Otlet
the Library of Congress in Washington) [3]; then by
bibliographies printed on cards (International Institute of Bibliography, Concilium Bibliographicum)
[4]; next, indices of species have been published on
cards (Index Speciorum) [5]. We have moved from
the small card to the large card, the leaf, and have
witnessed compendia abandoning the old form for
the new (Jurisclasseur, or legal digests in card form).
Even the idea of the encyclopedia has taken this
form (Nelson’s Perpetual Cyclopedia [6]).
Theoretically and technically, we now have in
the Repertory a new instrument for analytically or
monographically recording data, ideas, information. The system has been improved by divisionary cards of various shapes and colours, placed in
such a way that they express externally the outline
of the classification being used and reduce search
time to a minimum. It has been improved further
by the possibility of using, by cutting and pasting,
materials that have been printed on large leaves or
even books that have been published without any
thought of repertories. Two copies, the first providing the recto, the second the verso, can supply
all that is necessary. One has gone even further still
and, from the example of statistical machines like
those in use at the Census of Washington (sic) [7],
extrapolated the principle of “selection machines”
which perform mechanical searches in enormous
masses of materials, the machines retaining from
the thousands of cards processed by them only those
related to the question asked.
•••
Transformations In The Bibliographical
Apparatus Of The Sciences
91
3. But such a development, like the Repertory before it, presupposes a classification. This leads us to
examine the second practical idea that is bringing
about the transformation of the book.
Classification plays an enormous role in scientific thought. If one could say that a science was a
well-made language, one could equally assert that
it is a completed classification. Science is made up
of verified facts which are organised in a structure
of systems, hypotheses, theories, laws. If there is
a certain order in things, it is necessary to have it
also in science which reflects and explains nature.
That is why, since the time of Greek thought until
the present, constant efforts have been made to improve classification. These have taken three principal directions: classification studied as an activity
of the mind; the general classification and sequence
of the sciences; the systematization appropriate to
each discipline. The idea of order, class, genus and
species has been studied since Aristotle, in passing
by Porphyrus, by the scholastic philosophers and by
modern logicians. The classification of knowledge
goes back to the Greeks and owes much to the contributions of Bacon and the Renaissance. It was posed
as a distinct and separate problem by D’Alembert
and the Encyclopédie, and by Ampère, Comte, and
Spencer. The recent work of Manouvrier, Durand
de Cros, Goblot, Naville, de la Grasserie, has focussed on various aspects of it. [8] As to systematics,
one can say that this has become the very basis of
the organisation of knowledge as a body of science.
When one has demonstrated the existence of 28 million stars, a million chemical compounds, 300,000
92
Paul Otlet
vegetable species, 200,000 animal species, etc., it is
necessary to have a means, an Ariadne’s thread, of
finding one’s way through the labyrinth formed by
all these objects of study. Because there are sciences of beings as well as sciences of phenomena, and
because they intersect with each other as we better
understand the whole of reality, it is necessary that
this means be used to retrieve both. The state of development of a science is reflected at any given time
by its systematics, just as the general classification
of the sciences reflects the state of development of
the encyclopedia, of the philosophy of knowledge.
The need has been felt, however, for a practical
instrument of classification. The classifications of
which we have just spoken are constantly changing, at least in their detail if not in broad outline. In
practice, such instability, such variability which is
dependent on the moment, on schools of thought
and individuals, is not acceptable. Just as the Repertory had its origin in the catalogue, so practical
classification originated in the Library. Books represent knowledge and it is necessary to arrange them
in collections. Schemes for this have been devised
since the Middle Ages. The elaboration of grand
systems occurred in the 17th and 18th centuries
and some new ones were added in the 19th century. But when bibliography began to emerge as an
autonomous field of study, it soon began to develop
along the lines of the catalogue of an ideal library
comprising the totality of what had been published.
From this to drawing on library classifications was
but a step, and it was taken under certain conditions
which must be stressed.
Transformations In The Bibliographical
Apparatus Of The Sciences
93
Up to the present time, 170 different classifications
have been identified. Now, no cooperation is possible if everyone stays shut up in his own system. It
has been necessary, therefore, to choose a universal
classification and to recommend it as such in the
same way that the French Convention recognized
the necessity of a universal system of weights and
measures. In 1895 the first International Conference
of Bibliography chose the Decimal Classification
and adopted a complete plan for its development. In
1904, the edition of the expanded tables appeared. A
new edition was being prepared when the war broke
out Brussels, headquarters of the International Institute of Bibliography, which was doing this work,
was part of the invaded territory.
In its latest state, the Decimal Classification has
become an instrument of great precision which
can meet many needs. The printed tables contain
33,000 divisions and they have an alphabetical index consisting of about 38,000 words. Learning is
here represented in its entire sweep: the encyclopedia of knowledge. Its principle is very simple. The
empiricism of an alphabetical classification by subject-heading cannot meet the need for organising
and systematizing knowledge. There is scattering;
there is also the difficulty of dealing with the complex expressions which one finds in the modern terminology of disciplines like medicine, technology,
and the social sciences. Above all, it is impossible
to achieve any international cooperation on such
a national basis as language. The Decimal Classification is a vast systematization of knowledge, “the
table of contents of the tables of contents” of all
94
Paul Otlet
treatises. But, as it would be impossible to find a
particular subject’s relative place by reference to
another subject, a system of numbering is needed.
This is decimal, which an example will make clear.
Optical Physiology would be classified thus:
5 th Class
3rd Group
5th Division
7th Sub-division
or 535.7
This number 535.7 is called decimal because all
knowledge is taken as one of which each science is
a fraction and each individual subject is a decimal
subdivided to a lesser or greater degree. For the sake
of abbreviation, the zero of the complete number,
which would be 0.5357, has been suppressed because
the zero would be repeated in front of each number.
The numbers 5, 3, 5, 7 (which one could call five hundred and thirty-five point seven and which could
be arranged in blocks of three as for the telephone,
or in groups of twos) form a single number when
the implied words, “class, group, division and subdivision,” are uttered.
The classification is also called decimal because
all subjects are divided into ten classes, then each
of these into at least ten groups, and each group
into at least ten divisions. All that is needed for the
number 535.7 always to have the same meaning is
to translate the tables into all languages. All that is
needed to deal with future scientific developments
Transformations In The Bibliographical
Apparatus Of The Sciences
95
in optical physiology in all of its ramifications is to
subdivide this number by further decimal numbers
corresponding to the subdivisions of the subject
Finally, all that is needed to ensure that any document or item pertaining to optical physiology finds
its place within the sum total of scientific subjects
is to write this number on it In the alphabetic index
to the tables references are made from each word
to the classification number just as the index of a
book refers to page numbers.
This first remarkable principle of the decimal
classification is generally understood. Its second,
which has been introduced more recently, is less
well known: the combination of various classification numbers whenever there is some utility in expressing a compound or complex heading. In the
social sciences, statistics is 31 and salaries, 331.2. By
a convention these numbers can be joined by the
simple sign : and one may write 31:331.2 statistics
of salaries.01
This indicates a general relationship, but a subject also has its place in space and time. The subject
may be salaries in France limited to a period such as
the 18th century (that is to say, from 1700 to 1799).
01 The first ten divisions are: 0 Generalities, 1 Philosophy, 2
Religion, 3 Social Sciences, 4 Philology, Language, 5 Pure
Sciences, 6 Applied Science, Medicine, 7 Fine Arts, 8 Literature, 9 History and Geography. The Index number 31 is
derived from: 3rd class social sciences, 1st group statistics. The
Index number 331.2 is derived from 3rd class social sciences,
3rd group political economy, 1st division topics about work,
2nd subdivision salaries.
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The sign that characterises division by place being
the parenthesis and that by time quotation marks
or double parentheses, one can write:
33:331.2 (44) «17» statistics — of salaries — in
France — in the 17th century
or ten figures and three signs to indicate, in terms
of the universe of knowledge, four subordinated
headings comprising 42 letters. And all of these
numbers are reversible and can be used for geographic or chronologic classification as well as for
subject classification:
(44) 31:331.2 «17»
France — Statistics — Salaries — 17th Century
«17» (44) 31:331.2
17th Century — France — Statistics — Salaries
The subdivisions of relation and location explained
here, are completed by documentary subdivisions
for the form and the language of the document (for
example, periodical, in Italian), and by functional
subdivisions (for example, in zoology all the divisions by species of animal being subdivided by biological aspects). It follows by virtue of the law of
permutations and combinations that the present
tables of the classification permit the formulation
at will of millions of classification numbers. Just as
arithmetic does not give us all the numbers readymade but rather a means of forming them as we
need them, so the classification gives us the means
Transformations In The Bibliographical
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of creating classification numbers insofar as we have
compound headings that must be translated into a
notation of numbers.
Like chemistry, mathematics and music, bibliography thus has its own extremely simple notations:
numbers. Immediately and without confusion, it
allows us to find a place for each idea, for each thing
and consequently for each book, article, or document and even for each part of a book or document
Thus it allows us to take our bearings in the midst
of the sources of knowledge, just as the system of
geographic coordinates allows us to take our bearings on land or sea.
One may well imagine the usefulness of such a
classification to the Repertory. It has rid us of the
difficulty of not having continuous pagination. Cards
to be intercalated can be placed according to their
class number and the numbering is that of tables
drawn up in advance, once and for all, and maintained with an unvarying meaning. As the classification has a very general use, it constitutes a true
documentary classification which can be used in
various kinds of repertories: bibliographic repertories; catalogue-like repertories of objects, persons,
phenomena; and documentary repertories of files
made up of written or printed materials of all kinds.
The possibility can be envisaged of encyclopedic
repertories in which are registered and integrated
the diverse data of a scientific field and which draw
for this purpose on materials published in periodicals. Let each article, each report, each item of news
henceforth carry a classification number and, automatically, by clipping, encyclopedias on cards can
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be created in which all the results of international
scientific cooperation are brought together at the
same number. This constitutes a profound change
in the technology of the Book, since the repertory
thus formed is simultaneously a constantly up-dated book and a cooperative book in which are found
printed elements produced in all locations.
•••
4. If we can realize the third idea, the Office of Documentation, then reform will be complete. Such an
office is the old library, but adapted to a new function. Hitherto the library has been a museum of
books. Works were preserved in libraries because
they were precious objects. Librarians were keepers.
Such establishments were not organised primarily
for the use of documents. Moreover, their outmoded
regulations if they did not exclude the most modern
forms of publication at least did not admit them.
They have poor collections of journals; collections
of newspapers are nearly nonexistent; photographs,
films, phonograph discs have no place in them, nor
do film negatives, microscopic slides and many other “documents.” The subject catalogue is considered
secondary in the library so long as there is a good
register for administrative purposes. Thus there is
little possibility of developing repertories in the
library, that is to say of taking publications to pieces and redistributing them in a more directly and
quickly accessible form. For want of personnel to
arrange them, there has not even been a place for
the cards that are received already printed.
Transformations In The Bibliographical
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The Office of Documentation, on the contrary, is
conceived of in such a way as to achieve all that is
lacking in the library. Collections of books are the
necessary basis for it, but books, far from being
considered as finished products, are simply materials which must be developed more fully. This
development consists in establishing the connections each individual book has with all of the other
books and forming from them all what might be
called The Universal Book. It is for this that we use
repertories: bibliographic repertories; repertories of
documentary dossiers gathering pamphlets and extracts together by subject; catalogues; chronological
repertories of facts or alphabetical ones of names;
encyclopedic repertories of scientific data, of laws,
of patents, of physical and technical constants, of
statistics, etc. All of these repertories will be set up
according to the method described above and arranged by the same universal classification. As soon
as an organisation to contain these repertories is
created, the Office of Documentation, one may be
sure that what happened to the book when libraries
first opened — scientific publication was regularised
and intensified — will happen to them. Then there
will be good reason for producing in bibliographies,
catalogues, and above all in books and periodicals
themselves, the rational changes which technology and the creative imagination suggest. What is
still an exception today will be common tomorrow.
New possibilities will exist for cooperative work
and for the more effective organisation of science.
•••
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5. Repertory, Classification, Office of Documentation are therefore the three related elements of a
single reform in our methods of registering scientific discoveries and making them available to the
greatest number of people. Already one must speak
less of experiments and uncertain trials than of the
beginning of serious achievement. The International Institute of Bibliography in Brussels constitutes
a vast intellectual cooperative whose members are
becoming more numerous each day. Associations,
scientific establishments, periodical publications,
scientific and technical workers of every kind are
affiliating with it. Its repertories contain millions of
cards. There are sections in several countries02 . But
this was before the War. Since its outbreak, a movement in France, England and the United States has
been emerging everywhere to improve the organisation of the Book. The Office of Documentation has
been suggested as the solution for the requirements
that have been discussed.
It is important that the world of science and
technology should support this movement and
above all that it should endeavour to apply the new
methods to the works which it will be necessary to
re-organise. Among the most important of these is
the International Catalogue of Scientific Literature,
that fine and great work begun at the initiative of the
Royal Society of London. Until now, this work has
02 In France, the Bureau Bibliographique de Paris and great
associations such as the Société pour l’encouragement de
l’industrie nationale, l’Association pour l’avancement des
sciences, etc., are affiliated with it.
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been carried on without relation to other works of
the same kind: it has not recognised the value of a
card repertory or a universal classification. It must
recognise them in the future.03 ❧
03 See Paul Otlet, “La Documentation et I’information au service de I’industrie”, Bulletin de la Société d’encouragement
de l’industrie nationale, June 1917. — La Documentation au
service de l’invention. Euréka, October 1917. — L’Institut
International de Bibliographie, Bibliographie de la France,
21 December 1917. — La Réorganisation du Catalogue international de la littérature scientifique. Revue générale des
sciences, IS February 1918. The publications of the Institute,
especially the expanded tables of the Decimal Classification,
have been deposited at the Bureau Bibliographique de Paris,
44 rue de Rennes at the apartments of the Société de l’encouragement. — See also the report presented by General
Sebert (9] to the Congrès du Génie civil, in March 1918 and
whose conclusions about the creation in Paris of a National
Office of Technical Documentation have been adopted.
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Editor’s Notes
[1] “Transformations operées dans l’appareil bibliographique
des sciences,” Revue scientifique 58 (1918): 236-241.
[2] The International Catalogue of Scientific Literature, an enormous work, was compiled by a Central Bureau under the
sponsorship of the Royal Society from material sent in from
Regional Bureaus around the world. It was published annually beginning in 1902 in 17 parts each corresponding to
a major subject division and comprising one or more volumes. Publication was effectively suspended in 1914. By the
time war broke out, the Universal Bibliographic Repertory
contained over 11 million entries.
[3] For card publication by the Library Bureau and Library of
Congress, see Edith Scott, “The Evolution of Bibliographic
Systems in the United States, 1876–1945” and Editor’s Note
36 to the second paper and Note 5 to the seventh paper in
International Organisation and Dissemination of Knowledge; Selected Essays of Paul Otlet, translated and edited by
W. Boyd Rayward. Amsterdam: Elsevier, 1990: 148–156.
[4] Otlet refers to the Concilium Bibliographicum also in Paper
No. 7, “The Reform of National Bibliographies...” in International Organisation and Dissemination of Knowledge; Selected
Essays of Paul Otlet. See also Editor’s Note 5 in that paper
for the major bibliographies published by the Concilium
Bibliographicum.
[5] A possible example of what Otlet is referring to here is the
Gray Herbarium Index. This was “planned to provide cards
for all the names of vascular plant taxa attributable to the
Transformations In The Bibliographical
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Western Hemisphere beginning with the literature of 1886”
(Gray Herbarium Index, Preface, p. iii). Under its first compiler, 20 instalments consisting in all of 28,000 cards were
issued between 1894 and 1903. It has been continued after
that time and was for many years “issued quarterly at the
rate of about 4,000 cards per year.” At the time the cards
were reproduced in a printed catalogue by G. K. Hall in 1968,
there were 85 subscribers to the card sets.
[6] Nelson’s Perpetual Loose-Leaf Encylcopedia was a popular,
12-volume work which went through many editions, its
principle being set down at the beginning of the century.
It was published in binders and the publisher undertook to
supply a certain number of pages of revisions (or renewals)
semi-annually after each edition, the first of which appeared
in 1905. An interesting reference presumably to this work
occurs in a notice, “An Encylcopedia on the Card-Index System,” in the Scientific American 109 (1913): 213. The Berlin
Correspondent of the journal reports a proposal made in
Berlin which contains “an idea, in a sense ... already carried
out in an American loose-leaf encyclopedia, the publishers
of which supply new pages to take the place of those that
are obsolete” (Nelsons, an English firm, set up a New York
branch in 1896. Publication in the U.S. of works to be widely
circulated there was a requirement of the copyright law.)
The reporter observes that the principle suggested “affords
a means of recording all facts at present known as well as
those to be discovered in the future, with the same safety
and ease as though they were registered in our memory, by
providing a universal encyclopedia, incessantly keeping
abreast of the state of human knowledge.” The “bookish”
form of conventional encyclopedias acts against its future
success. “In the case of a mere storehouse of facts the in-
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finitely more mobile form of the card index should however
be adopted, possibly,” the author goes on making a most interesting reference, “in conjunction with Dr. Goldschmidt’s
Microphotographic Library System.” The need for a central
institute, the nature of its work, the advantages of the work
so organised are described in language that is reminiscent
of that of Paul Otlet (see also the papers of Goldschmidt
and Otlet translated in International Organisation and
Dissemination of Knowledge; Selected Essays of Paul Otlet).
[7] These machines were derived from Herman Hollerith’s
punched cards and tabulating machines. Hollerith had
introduced them under contract into the U.S. Bureau of
the Census for the 1890 census. This equipment was later
modified and developed by the Bureau. Hollerith, his invention and his business connections lie at the roots of the
present IBM company. The equipment and its uses in the
census from 1890 to 1910 are briefly described in John H.
Blodgett and Claire K. Schultz, “Herman Hollerith: Data
Processing Pioneer,” American Documentation 20 (1969):
221-226. As they observe, suggesting the accuracy of Otlet’s
extrapolation, “his was not simply a calculating machine,
it performed selective sorting, an operation basic to all information retrieval.”
[8] The history of the classification of knowledge has been treated
in English in detail by E.C. Richardson in his Classification
Theoretical and Practical, the first edition of which appeared
in 1901 and was followed by editions in 1912 and 1930. A
different treatment is given in Robert Flint’s Philosophy as
Scientia Scientarium: a History of the Classification of the
Sciences which appeared in 1904. Neither of these works
deal with Manouvrier, a French anthropologist, or Durand
Transformations In The Bibliographical
Apparatus Of The Sciences
105
de Cros. Joseph-Pierre Durand, sometimes called Durand
de Cros after his birth place, was a French physiologist and
philosopher who died in 1900. In his Traité de documentation,
in the context of his discussion of classification, Otlet refers
to an Essai de taxonomie by Durand published by Alcan. It
seems that this is an error for Aperçus de taxonomie (Alcan,
1899).
[9] General Hippolyte Sebert was President of the Association française pour l’avancement des sciences, and the Société d’encouragement pour l’industrie nationale. He had
been active in the foundation of the Bureau bibliographique
de Paris. For other biographical information about him see
Editor’s Note 9 to Paper no 17, “Henri La Fontaine”, in International Organisation and Dissemination of Knowledge;
Selected Essays of Paul Otlet.
English translation of the Paul Otlet’s text published with the
permission of W. Boyd Rayward. The translation was originally
published as Paul Otlet, “Transformations in the Bibliographical
Apparatus of the Sciences: Repertory–Classification–Office of
Documentation”, in International Organisation and Dissemination of Knowledge; Selected Essays of Paul Otlet, translated and
edited by W. Boyd Rayward, Amsterdam: Elsevier, 1990: 148–156.
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http://aaaaarg.org/
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Metadata Punk
So we won the battle but lost the war. By “we”, I
mean those avant-gardes of the late twentieth century whose mission was to free information from the
property form. It was always a project with certain
nuances and inconsistencies, but over-all it succeeded beyond almost anybody’s wildest dreams. Like
many dreams, it turned into a nightmare in the end,
the one from which we are now trying to awake.
The place to start is with what the situationists
called détournement. The idea was to abolish the
property form in art by taking all of past art and
culture as a commons from which to copy and correct. We see this at work in Guy Debord’s texts and
films. They do not quote from past works, as to do
so acknowledges their value and their ownership.
The elements of détournement are nothing special.
They are raw materials for constructing theories,
narratives, affects of a subjectivity no longer bound
by the property form.
Such a project was recuperated soon enough
back into the art world as “appropriation.” Richard
Prince is the dialectical negation of Guy Debord,
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in that appropriation values both the original fragment and contributes not to a subjectivity outside of
property but rather makes a career as an art world
star for the appropriating artist. Of such dreams is
mediocrity made.
If there was a more promising continuation of
détournement it had little to do with the art world.
Détournement became a social movement in all but
name. Crucially, it involved an advance in tools,
from Napster to Bitorrent and beyond. It enabled
the circulation of many kinds of what Hito Steyerl
calls the poor image. Often low in resolution, these
détourned materials circulated thanks both to the
compression of information but also because of the
addition of information. There might be less data
but there’s added metadata, or data about data, enabling its movement.
Needless to say the old culture industries went
into something of a panic about all this. As I wrote
over ten years ago in A Hacker Manifesto, “information wants to be free but is everywhere in chains.”
It is one of the qualities of information that it is indifferent to the medium that carries it and readily
escapes being bound to things and their properties.
Yet it is also one of its qualities that access to it can
be blocked by what Alexander Galloway calls protocol. The late twentieth century was — among other
things — about the contradictory nature of information. It was a struggle between détournement and
protocol. And protocol nearly won.
The culture industries took both legal and technical steps to strap information once more to fixity
in things and thus to property and scarcity. Inter-
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estingly, those legal steps were not just a question of
pressuring governments to make free information
a crime. It was also a matter of using international
trade agreements as a place outside the scope of de
mocratic oversight to enforce the old rules of property. Here the culture industries join hands with the
drug cartels and other kinds of information-based
industry to limit the free flow of information.
But laws are there to be broken, and so are protocols of restriction such as encryption. These were
only ever delaying tactics, meant to shore up old
monopoly business for a bit longer. The battle to
free information was the battle that the forces of
détournement largely won. Our defeat lay elsewhere.
While the old culture industries tried to put information back into the property form, there were
other kinds of strategy afoot. The winners were not
the old culture industries but what I call the vulture
industries. Their strategy was not to try to stop the
flow of free information but rather to see it as an
environment to be leveraged in the service of creating a new kind of business. “Let the data roam free!”
says the vulture industry (while quietly guarding
their own patents and trademarks). What they aim
to control is the metadata.
It’s a new kind of exploitation, one based on an
unequal exchange of information. You can have the
little scraps of détournement that you desire, in exchange for performing a whole lot of free labor—and
giving up all of the metadata. So you get your little
bit of data; they get all of it, and more importantly,
any information about that information, such as
the where and when and what of it.
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It is an interesting feature of this mode of exploitation that you might not even be getting paid for your
labor in making this information—as Trebor Scholz
as pointed out. You are working for information
only. Hence exploitation can be extended far beyond
the workplace and into everyday life. Only it is not
so much a social factory, as the autonomists call it.
This is more like a social boudoir. The whole of social
space is in some indeterminate state between public
and private. Some of your information is private to
other people. But pretty much all of it is owned by
the vulture industry — and via them ends up in the
hands of the surveillance state.
So this is how we lost the war. Making information free seemed like a good idea at the time. Indeed, one way of seeing what transpired is that we
forced the ruling class to come up with these new
strategies in response to our own self-organizing
activities. Their actions are reactions to our initiatives. In this sense the autonomists are right, only
it was not so much the actions of the working class
to which the ruling class had to respond in this case,
as what I call the hacker class. They had to recuperate a whole social movement, and they did. So our
tactics have to change.
In the past we were acting like data-punks. Not
so much “here’s three chords, now form your band.”
More like: “Here’s three gigs, now go form your autonomous art collective.” The new tactic might be
more question of being metadata-punks. On the one
hand, it is about freeing information about information rather than the information itself. We need
to move up the order of informational density and
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control. On the other hand, it might be an idea to
be a bit discreet about it. Maybe not everyone needs
to know about it. Perhaps it is time to practice what
Zach Blas calls infomatic opacity.
Three projects seem to embody much of this
spirit to me. One I am not even going to name or
discuss, as discretion seems advisable in that case.
It takes matters off the internet and out of circulation among strangers. Ask me about it in person if
we meet in person.
The other two are Monoskop Log and UbuWeb.
It is hard to know what to call them. They are websites, archives, databases, collections, repositories,
but they are also a bit more than that. They could be
thought of also as the work of artists or of curators;
of publishers or of writers; of archivists or researchers. They contain lots of files. Monoskop is mostly
books and journals; UbuWeb is mostly video and
audio. The work they contain is mostly by or about
the historic avant-gardes.
Monoskop Log bills itself as “an educational
open access online resource.” It is a component part
of Monoskop, “a wiki for collaborative studies of
art, media and the humanities.” One commenter
thinks they see the “fingerprint of the curator” but
nobody is named as its author, so let’s keep it that
way. It is particularly strong on Eastern European
avant-garde material. UbuWeb is the work of Kenneth Goldsmith, and is “a completely independent
resource dedicated to all strains of the avant-garde,
ethnopoetics, and outsider arts.”
There’s two aspects to consider here. One is the
wealth of free material both sites collect. For any-
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body trying to teach, study or make work in the
avant-garde tradition these are very useful resources.
The other is the ongoing selection, presentation and
explanation of the material going on at these sites
themselves. Both of them model kinds of ‘curatorial’
or ‘publishing’ behavior.
For instance, Monoskop has wiki pages, some
better than Wikipedia, which contextualize the work
of a given artist or movement. UbuWeb offers “top
ten” lists by artists or scholars which give insight
not only into the collection but into the work of the
person making the selection.
Monoskop and UbuWeb are tactics for intervening in three kinds of practices, those of the artworld, of publishing and of scholarship. They respond to the current institutional, technical and
political-economic constraints of all three. As it
says in the Communist Manifesto, the forces for social change are those that ask the property question.
While détournement was a sufficient answer to that
question in the era of the culture industries, they try
to formulate, in their modest way, a suitable tactic
for answering the property question in the era of
the vulture industries.
This takes the form of moving from data to metadata, expressed in the form of the move from writing
to publishing, from art-making to curating, from
research to archiving. Another way of thinking this,
suggested by Hiroki Azuma would be the move from
narrative to database. The object of critical attention
acquires a third dimension, a kind of informational
depth. The objects before us are not just a text or an
image but databases of potential texts and images,
with metadata attached.
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The object of any avant-garde is always to practice the relation between aesthetics and everyday
life with a new kind of intensity. UbuWeb and
Monoskop seem to me to be intimations of just
such an avant-garde movement. One that does not
offer a practice but a kind of meta-practice for the
making of the aesthetic within the everyday.
Crucial to this project is the shifting of aesthetic
intention from the level of the individual work to the
database of works. They contain a lot of material, but
not just any old thing. Some of the works available
here are very rare, but not all of them are. It is not
just rarity, or that the works are available for free.
It is more that these are careful, artful, thoughtful
collections of material. There are the raw materials here with which to construct a new civilization.
So we lost the battle, but the war goes on. This
civilization is over, and even its defenders know it.
We live in among ruins that accrete in slow motion.
It is not so much a civil war as an incivil war, waged
against the very conditions of existence of life itself.
So even if we have no choice but to use its technologies and cultures, the task is to build another way
of life among the ruins. Here are some useful practices, in and on and of the ruins. ❧
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http://midnightnotes.memoryoftheworld.org/
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The Future After the Library
UbuWeb and Monoskop’s
Radical Gestures
The institution of the public library has crystallized,
developed and advanced around historical junctures
unleashed by epochal economic, technological and
political changes. A series of crises since the advent
of print have contributed to the configuration of the
institutional entanglement of the public library as
we know it today:01 defined by a publicly available
collection, housed in a public building, indexed and
made accessible with a help of a public catalog, serviced by trained librarians and supported through
public financing. Libraries today embody the idea
of universal access to all knowledge, acting as custodians of a culture of reading, archivists of material
and ephemeral cultural production, go-betweens
of information and knowledge. However, libraries have also embraced a broader spirit of public
service and infrastructure: providing information,
01 For the concept and the full scope of the contemporary library
as institutional entanglement see Shannon Mattern, “Library
as Infrastructure”, Places Journal, accessed April 9, 2015,
https://placesjournal.org/article/library-as-infrastructure/.
The Future After the Library
121
education, skills, assistance and, ultimately, shelter
to their communities — particularly their most vulnerable members.
This institutional entanglement, consisting in
a comprehensive organization of knowledge, universally accessible cultural goods and social infrastructure, historically emerged with the rise of (information) science, social regulation characteristic
of modernity and cultural industries. Established
in its social aspect as the institutional exemption
from the growing commodification and economic
barriers in the social spheres of culture, education
and knowledge, it is a result of struggles for institutionalized forms of equality that still reflect the
best in solidarity and universality that modernity
had to offer. Yet, this achievement is marked by
contradictions that beset modernity at its core. Libraries and archives can be viewed as an organon
through which modernity has reacted to the crises
unleashed by the growing production and fixation
of text, knowledge and information through a history of transformations that we will discuss below.
They have been an epistemic crucible for the totalizing formalizations that have propelled both the
advances and pathologies of modernity.
Positioned at a slight monastic distance and indolence toward the forms of pastoral, sovereign or
economic domination that defined the surrounding world that sustained them, libraries could never
close the rift or between the universalist aspirations
of knowledge and their institutional compromise.
Hence, they could never avoid being the battlefield
where their own, and modernity’s, ambivalent epis-
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temic and social character was constantly re-examined and ripped asunder. It is this ambivalent
character that has been a potent motor for critical theory, artistic and political subversion — from
Marx’s critique of political economy, psychoanalysis
and historic avant-gardes, to revolutionary politics.
Here we will examine the formation of the library
as an epistemic and social institution of modernity
and the forms of critical engagement that continue
to challenge the totalizing order of knowledge and
appropriation of culture in the present.
Here Comes the Flood02
Prior to the advent of print, the collections held in
monastic scriptoria, royal courts and private libraries
typically contained a limited number of canonical
manuscripts, scrolls and incunabula. In Medieval
and early Renaissance Europe the canonized knowledge considered necessary for the administration of
heavenly and worldly affairs was premised on reading and exegesis of biblical and classical texts. It is
02 The metaphor of the information flood, here incanted in the
words of Peter Gabriel’s song with apocalyptic overtones, as
well as a good part of the historic background of the development of index card catalog in the following paragraphs
are based on Markus Krajewski, Paper Machines: About
Cards & Catalogs, 1548–1929 (MIT Press, 2011). The organizing idea of Krajewski’s historical account, that the index
card catalog can be understood as a Turing machine avant
la lettre, served as a starting point for the understanding
of the library as an epistemic institution developed here.
The Future After the Library
123
estimated that by the 15th century in Western Europe
there were no more than 5 million manuscripts held
mainly in the scriptoria of some 21,000 monasteries and a small number of universities. While the
number of volumes had grown sharply from less
than 0.8 million in the 12th century, the number of
monasteries had remained constant throughout that
period. The number of manuscripts read averaged
around 1,000 per million inhabitants, with the total
population of Europe peaking around 60 million.03
All in all, the book collections were small, access was
limited and reading culture played a marginal role.
The proliferation of written matter after the invention of mechanical movable type printing would
greatly increase the number of books, but also the
patterns of literacy and knowledge production. Already in the first fifty years after Gutenberg’s invention, 12 million volumes were printed, and from
this point onwards the output of printing presses
grew exponentially to 700 million volumes in the
18th century. In the aftermath of the explosion in
book production the cost of producing and buying
books fell drastically, reducing the economic barriers to literacy, but also creating a material vector
for a veritable shift of the epistemic paradigm. The
03 For an economic history of the book in the Western Europe
see Eltjo Buringh and Jan Luiten Van Zanden, “Charting
the ‘Rise of the West’: Manuscripts and Printed Books in
Europe, A Long-Term Perspective from the Sixth through
Eighteenth Centuries”, The Journal of Economic History 69,
No. 02 (June 2009): 409–45, doi:10.1017/S0022050709000837,
particularly Tables 1-5.
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Tomislav Medak
emerging reading public was gaining access to the
new works of a nascent Enlightenment movement,
ushering in the modern age of science. In parallel
with those larger epochal transformations, the explosion of print also created a rising tide of new books
that suddenly inundated the libraries. The libraries
now had to contend both with the orders-of-magnitude greater volume of printed matter and the
growing complexity of systematically storing, ordering, classifying and tracking all of the volumes
in their collection. An once almost static collection
of canonical knowledge became an ever expanding
dynamic flux. This flood of new books, the first of
three to follow, presented principled, infrastructural and organizational challenges to the library that
radically transformed and coalesced its functions.
The epistemic shift created by this explosion of
library holdings led to a revision of the assumption
that the library is organized around a single holy
scripture and a small number of classical sources.
Coextensive with the emergence and multiplication of new sciences, the books that were entering
the library now covered an ever diversified scope
of topics and disciplines. And the sheer number of
new acquisitions demanded the physical expansion of libraries, which in turn required a radical
rethinking of the way the books were stored, displayed and indexed. In fact, the flood caused by the
printing press was nothing short of a revolution in
the organization, formalization and processing of
information and knowledge. This becomes evident
in the changes that unfolded between the 16th and
the early 20th in the cataloging of library collections.
The Future After the Library
125
The initial listings of books were kept in bound
volumes, books in their own right. But as the number of items arriving into the library grew, the constant need to insert new entries made the bound
book format increasingly impractical for library
catalogs. To make things more complicated still,
the diversification of the printed matter demanded
a richer bibliographic description that would allow
better comprehension of what was contained in the
volumes. Alongside the name of the author and the
book’s title, the description now needed to include
the format of the volume, the classification of the
subject matter and the book’s location in the library.
As the pace of new arrivals accelerated, the effort to
create a library catalog became unending, causing a
true crisis in the emerging librarian profession. This
would result in a number of physical and epistemic
innovations in the organization and formalization
of information and knowledge. The requirement
to constantly rearrange the order of entries in the
listing lead to the eventual unbinding of the bound
catalog into separate slips of paper and finally to the
development of the index card catalog. The unbound
index cards and their floating rearrangement, not
unlike that of the movable type, would in turn result in the design of filing cabinets. From Conrad
Gessner’s Bibliotheca Universalis, a three-volume
book-format catalog of around 3,000 authors and
10,000 texts, arranged alphabetically and topically,
published in the period 1545–1548; Gottfried Wilhelm Leibniz’s proposals for a universal library
during his tenure at the Wolfenbüttel library in the
late 17th century; to Gottfried van Swieten’s catalog
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Tomislav Medak
of the Viennese court library, the index card catalog and the filing cabinets would develop almost to
their present form.04
The unceasing inflow of new books into the library
prompted the need to spatially organize and classify
the arrangement of the collection. The simple addition of new books to the shelves by size; canonical
relevance or alphabetical order, made little sense
in a situation where the corpus of printed matter
was quickly expanding and no individual librarian
could retain an intimate overview of the library’s
entire collection. The inflow of books required that
the brimming shelf-space be planned ahead, while
the increasing number of expanding disciplines required that the collection be subdivided into distinct
sections by fields. First the shelves became classified
and then the books individually received a unique
identifier. With the completion of the Josephinian
catalog in the Viennese court library, every book became compartmentalized according to a systematic
plan of sciences and assigned a unique sequence of
a Roman numeral, a Roman letter and an Arabic
numeral by which it could be tracked down regardless of its physical location.05 The physical location
of the shelves in the library no longer needed to be
reflected in the ordering of the catalog, and the catalog became a symbolic representation of the freely
re-arrangeable library. In the technological lingo of
today, the library required storage, index, search
and address in order to remain navigable. It is this
04 Krajewski, Paper Machines, op. cit., chapter 2.
05 Ibid., 30.
The Future After the Library
127
formalization of a universal system of classification
of objects in the library with the relative location of
objects and re-arrangeable index that would then in
1876 receive its present standardized form in Melvil
Dewey’s Decimal System.
The development of the library as an institution of
public access and popular literacy did not proceed
apace with the development of its epistemic aspects.
It was only a series of social upheavals and transformations in the course of the 18th and 19th century
that would bring about another flood of books and
political demands, pushing the library to become
embedded in an egalitarian and democratic political culture. The first big step in that direction came
with the decision of the French revolutionary National Assembly from 2 November 1789 to seize all
book collections from the Church and aristocracy.
Million of volumes were transferred to the Bibliothèque Nationale and local libraries across France.
In parallel, particularly in England, capitalism was
on the rise. It massively displaced the impoverished rural population into growing urban centers,
propelled the development of industrial production and, by the mid-19th century, introduced the
steam-powered rotary press into the book business.
As books became more easily, and mass produced,
the commercial subscription libraries catering to the
better-off parts of society blossomed. This brought
the class aspect of the nascent demand for public
access to books to the fore. After the failed attempts
to introduce universal suffrage and end the system
of political representation based on property entitlements in 1830s and 1840s, the English Chartist
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Tomislav Medak
movement started to open reading rooms and cooperative lending libraries that would quickly become
a popular hotbed of social exchanges between the
lower classes. In the aftermath of the revolutionary
upheavals of 1848, the fearful ruling classes heeded
the demand for tax-financed public libraries, hoping
that the access to literature and edification would
ultimately hegemonize the working class for the
benefits of capitalism’s culture of self-interest and
competition.06
The Avant-gardes in the Library
As we have just demonstrated, the public library
in its epistemic and social aspects coalesced in the
context of the broader social transformations of
modernity: early capitalism and processes of nation-building in Europe and the USA. These transformations were propelled by the advancement of
political and economic rationalization, public and
business administration, statistical and archival
procedures. Archives underwent a corresponding and largely concomitant development with the
libraries, responding with a similar apparatus of
classification and ordering to the exponential expansion of administrative records documenting the
social world and to the historicist impulse to capture the material traces of past events. Overlaying
the spatial organization of documentation; rules
06 For the social history of public library see Matthew Battles,
Library: An Unquiet History (Random House, 2014) chapter
5: “Books for all”.
The Future After the Library
129
of its classification and symbolic representation of
the archive in reference tools, they tried to provide
a formalization adequate to the passion for capturing historical or present events. Characteristic
of the ascendant positivism of the 19th century, the
archivists’ and librarians’ epistemologies harbored
a totalizing tendency that would become subject to
subversion and displacement in the first decades of
the 20th century.
The assumption that the classificatory form can
fully capture the archival content would become
destabilized over and over by the early avant-gardist
permutations of formal languages of classification:
dadaist montage of the contingent compositional
elements, surrealist insistence on the unconscious
surpluses produced by automatized formalized language, constructivist foregrounding of dynamic and
spatialized elements in the acts of perception and
cognition of an artwork.07 The material composition
of the classified and ordered objects already contained formalizations deposited into those objects
by the social context of their provenance or projected onto them by the social situation of encounter
with them. Form could become content and content
could become form. The appropriations, remediations and displacements exacted by the neo-avantgardes in the second half of the 20th century pro07 Sven Spieker, The Big Archive: Art from Bureaucracy (MIT
Press, 2008) provides a detailed account of strategies that
the historic avant-gardes and the post-war art have developed toward the classificatory and ordering regime of the
archive.
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Tomislav Medak
duced subversions, resignifications and simulacra
that only further blurred the lines between histories
and their construction, dominant classifications and
their immanent instabilities.
Where does the library fit into this trajectory? Operating around an uncertain and politically embattled universal principle of public access to knowledge
and organization of information, libraries continued being sites of epistemic and social antagonisms,
adaptations and resilience in response to the challenges created by the waves of radical expansion of
textuality and conflicting social interests between
the popular reading culture and the commodification of cultural consumption. This precarious position is presently being made evident by the third
big flood — after those unleashed by movable type
printing and the social context of industrial book
production — that is unfolding with the transition
of the book into the digital realm. Both the historic
mode of the institutional regulation of access and
the historic form of epistemic classification are
swept up in this transformation. While the internet
has made possible a radically expanded access to
digitized culture and knowledge, the vested interests of cultural industries reliant on copyright for
their control over cultural production have deepened the separation between cultural producers and
their readers, listeners and viewers. While the hypertextual capacity for cross-reference has blurred
the boundaries of the book, digital rights management technologies have transformed e-books into
closed silos. Both the decommodification of access
and the overcoming of the reified construct of the
The Future After the Library
131
self-enclosed work in the form of a book come at
the cost of illegality.
Even the avant-gardes in all their inappropriable
and idiosyncratic recalcitrance fall no less under
the legally delimited space of copyrightable works.
As they shift format, new claims of ownership and
appropriation are built. Copyright is a normative
classification that is totalizing, regardless of the
effects of leaky networks speaking to the contrary.
Few efforts have insisted on the subverting of juridical classification by copyright more lastingly than
the UbuWeb archive. Espousing the avant-gardes’
ethos of appropriation, for almost 20 years it has
collected and made accessible the archives of the
unknown; outsider, rare and canonized avant-gardes and contemporary art that would otherwise remained reserved for the vaults and restricted access
channels of esoteric markets, selective museological
presentations and institutional archives. Knowing
that asking to publish would amount to aligning itself with the totalizing logic of copyright, UbuWeb
has shunned the permission culture. At the level of
poetical operation, as a gesture of displacing the cultural archive from a regime of limited, into a regime
of unlimited access, it has created provocations and
challenges directed at the classifying and ordering
arrangements of property over cultural production.
One can only assume that as such it has become a
mechanism for small acts of treason for the artists,
who, short of turning their back fully on the institutional arrangements of the art world they inhabit,
use UbuWeb to release their own works into unlimited circulation on the net. Sometimes there might
132
Tomislav Medak
be no way or need to produce a work outside the
restrictions imposed by those institutions, just as
sometimes it is for academics impossible to avoid
the contradictory world of academic publishing,
yet that is still no reason to keep one’s allegiance to
their arrangements.
At the same time UbuWeb has played the game
of avant-gardist subversion: “If it doesn’t exist on
the internet, it doesn’t exist”. Provocation is most
effective when it is ignorant of the complexities of
the contexts that it is directed at. Its effect starts
where fissures in the defense of the opposition start
to show. By treating UbuWeb as massive evidence
for the internet as a process of reappropriation, a
process of “giving to all”, its volunteering spiritus
movens, Kenneth Goldsmith, has been constantly rubbing copyright apologists up the wrong way.
Rather than producing qualifications, evasions and
ambivalences, straightforward affirmation of copy
ing, plagiarism and reproduction as a dominant
yet suppressed mode of operation of digital culture re-enacts the avant-gardes’ gesture of taking
no hostages from the officially sanctioned systems
of classification. By letting the incumbents of control over cultural production react to the norm of
copying, you let them struggle to dispute the norm
rather than you having to try to defend the norm.
UbuWeb was an early-comer, starting in 1996
and still functioning today on seemingly similar
technology, it’s a child of the early days of World
Wide Web and the promissory period of the experimental internet. It’s resolutely Web 1.0, with
a single maintainer, idiosyncratically simple in its
The Future After the Library
133
layout and programmatically committed to the
eventual obsolescence and sudden abandonment.
No platform, no generic design, no widgets, no
kludges and no community features. Only Beckett
avec links. Endgame.
A Book is an Index is an Index is an Index...
Since the first book flood, the librarian dream of
epistemological formalization has revolved around
the aspiration to cross-reference all the objects in
the collection. Within the physical library the topical designation has been relegated to the confines of
index card catalog that remained isolated from the
structure of citations and indexes in the books themselves. With the digital transition of the book, the
time-shifted hypertextuality of citations and indexes
became realizable as the immediate cross-referentiality of the segments of individual text to segments
of other texts and other digital artifacts across now
permeable boundaries of the book.
Developed as a wiki for collaborative studies of
art, media and the humanities, Monoskop.org took
up the task of mapping and describing avant-gardes and media art in Europe. In its approach both
indexical and encyclopedic, it is an extension of
the collaborative editing made possible by wiki
technology. Wikis rose to prominence in the early
2000s allowing everyone to edit and extend websites running on that technology by mastering a
very simple markup language. Wikis have been the
harbinger of a democratization of web publishing
that would eventually produce the largest collabo-
134
Tomislav Medak
rative website on the internet — the Wikipedia, as
well as a number of other collaborative platforms.
Monoskop.org embraces the encyclopedic spirit of
Wikipedia, focusing on its own specific topical and
topological interests. However, from its earliest days
Monoskop.org has also developed as a form of index
that maps out places, people, artworks, movements,
events and venues that compose the dense network
of European avant-gardes and media art.
If we take the index as a formalization of cross-referential relations between names of people, titles
of works and concepts that exist in the books and
across the books, what emerges is a model of a relational database reflecting the rich mesh of cultural
networks. Each book can serve as an index linking
its text to people, other books, segments in them.
To provide a paradigmatic demonstration of that
idea, Monoskop.org has assembled an index of all
persons in Friedrich Kittler’s Discourse Networks,
with each index entry linking both to its location
in the digital version of the book displayed on the
aaaaarg.org archive and to relevant resources for
those persons on the Monoskop.org and the internet. Hence, each object in the library, an index
in its own right, potentially allows one to initiate
the relational re-classification and re-organization
of all other works in the library through linkable
information.
Fundamental to the works of the post-socialist
retro-avant-gardes of the last couple of decades has
been the re-writing of a history of art in reverse.
In the works of IRWIN, Laibach or Mladen Stilinović, or comparable work of Komar & Melamid,
The Future After the Library
135
totalizing modernity is detourned by re-appropriating the forms of visual representation and classification that the institutions of modernity used to
construct a linear historical narrative of evolutions
and breaks in the 19th and 20th century. Genealogical
tables, events, artifacts and discourses of the past
were re-enacted, over-affirmed and displaced to
open up the historic past relegated to the archives
to an understanding that transformed the present
into something radically uncertain. The efforts of
Monoskop.org in digitizing of the artifacts of the
20th century avant-gardes and playing with the
epistemic tools of early book culture is a parallel
gesture, with a technological twist. If big data and
the control over information flows of today increasingly naturalizes and re-affirms the 19th century
positivist assumptions of the steerablity of society,
then the endlessly recombinant relations and affiliations between cultural objects threaten to overflow
that recurrent epistemic framework of modernity’s
barbarism in its cybernetic form.
The institution of the public library finds itself
today under a double attack. One unleashed by
the dismantling of the institutionalized forms of
social redistribution and solidarity. The other by
the commodifying forces of expanding copyright
protections and digital rights management, control
over the data flows and command over the classification and order of information. In a world of
collapsing planetary boundaries and unequal development, those who control the epistemic order
136
Tomislav Medak
control the future.08 The Googles and the NSAs run
on capturing totality — the world’s knowledge and
communication made decipherable, organizable and
controllable. The instabilities of the epistemic order
that the library continues to instigate at its margins
contributes to keeping the future open beyond the
script of ‘commodify and control’. In their acts of
re-appropriation UbuWeb and Monoskop.org are
but a reminder of the resilience of libraries’ instability that signals toward a future that can be made
radically open. ❧
08 In his article “Controlling the Future—Edward Snowden and
the New Era on Earth”, (accessed April 13, 2015, http://www.
eurozine.com/articles/2014-12-19-altvater-en.html), Elmar
Altvater makes a comparable argument that the efforts of
the “Five Eyes” to monitor the global communication flows,
revealed by Edward Snowden, and the control of the future
social development defined by the urgency of mitigating the
effects of the planetary ecological crisis cannot be thought
apart.
The Future After the Library
137
138
public library
http://kok.memoryoftheworld.org
139
Public Library
www.memoryoftheworld.org
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Sekulic
Legal Hacking and Space
2015
# Legal hacking and space
## What can urban commons learn from the free software hackers?
There is now a need to readdress urban commons through the lens of the digital
commons, writes Dubravka Sekulic. The lessons to be drawn from the free
software community and its resistance to the enclosure of code will likely
prove particularly valuable where participation and regulation are concerned.
> Commons are a particular type of institutional arrangement for governing the
use and disposition of resources. Their salient characteristic, which defines
them in contradistinction to property, is that no single person has exclusive
control over the use and disposition of any particular resource. Instead,
resources governed by commons may be used or disposed of by anyone among some
(more or less defined) number of persons, under rules that may range from
"anything goes" to quite crisply articulated formal rules that are effectively
enforced.
> (Benkler 2003: 6)
The above definition of commons, from the seminal paper "The political economy
of commons" by Yochai Benkler, addresses any type of commons, whether analogue
or digital. In fact, the concept of commons entered the digital realm from
physical space in order to interpret the type of communities, relationships
and production that started to appear with the development of the free as
opposed to the proprietary. Peter Linebaugh charted in his excellent book
_Magna Carta Manifesto_ , how the creation and development of the concept of
commons were closely connected to constantly changing relationships of people
and communities to the physical space. Here, I argue that the concept was
enriched when it was implemented in the digital field. Readdressing urban
space through the lens of digital commons can enable another imagination and
knowledge to appear around urban commons.
[](http://www.derive.at/)The
notion of commons in (urban) space is often complicated by archaic models of
organization and management - "the pasture we knew how to share". There is a
tendency to give the impression that the solution is in reverting to the past
models. In the realm of digital though, there is no "pasture" from the Middle
Ages to fall back on. Digital commons had to start from scratch and define its
own protocols of production and reproduction (caring and sharing). Therefore,
the digital commons and free software community can be the one to turn to, not
only for inspiration and advice, but also as a partner when addressing
questions of urban commons. Or, as Marcell Mars would put it "if we could
start again with (regulating and defining) land, knowing what we know now
about digital networks, we could come up with something much better and
appropriate for today's world. That property wouldn't be private, maybe not
even property, but something else. Only then can we say we have learned
something from the digital" (2013).
## Enclosure as the trigger for action
The moment we turn to commons in relation to (urban) space is the moment in
which the pressure to privatize public space and to commodify every aspect of
urban life has become so strong that it can be argued that it mirrors a moment
in which Magna Carta Libertatum was introduced to protect the basic
reproduction of life for those whose sustenance was connected to the common
pastures and forests of England in the thirteenth century. At the end of the
twentieth century, urban space became the ultimate commodity, and increasing
privatization not only endangered the reproduction of everyday life in the
city; the rent extraction through privatized public space and housing
endangered bare life itself. Additionally, the cities' continuous
privatization of its amenities transformed almost every action in the city, no
matter how mundane - as for example, drinking a glass of water from a tap -,
into an action that creates profit for some private entity and extracts it
from the community. Thus every activity became labour, which a citizen-worker
is not only alienated from, but also unaware of. David Harvey's statement
about the city replacing the factory as a site of class war seems to be not
only an apt description of the condition of life in the city, but also a cry
for action.
When Richard Stallman turned to the foundational gesture of the creation of
free software, GNU/GPL (General Public Licence) was his reaction to the
artificially imposed logic of scarcity on the world of code - and the
increasing and systematic enclosure that took place in the late 1970s and
1980s as "a tidal wave of commercialization transformed software from a
technical object into a commodity, to be bought and sold on the open market
under the alleged protection of intellectual property law" (Coleman 2012:
138). Stallman, who worked as a researcher at MIT's Artificial Intelligence
Laboratory, detected how "[m]any programmers are unhappy about the
commercialization of system software. It may enable them to make more money,
but it requires them to feel in conflict with other programmers in general
rather than feel as comrades. The fundamental act of friendship among
programmers is the sharing of programs; marketing arrangements now typically
used essentially forbid programmers to treat others as friends. The purchaser
of software must choose between friendship and obeying the law. Naturally,
many decide that friendship is more important. But those who believe in law
often do not feel at ease with either choice. They become cynical and think
that programming is just a way of making money" (Stallman 2002: 32).
In the period between 1980 and 1984, "one man [Stallman] envisioned a crusade
to change the situation" (Moglen 1999). Stallman understood that in order to
subvert the system, he would have to intervene in the protocols that regulate
the conditions under which the code is produced, and not the code itself;
although he did contribute some of the best lines of code into the compiler
and text editor - the foundational infrastructure for any development. The
gesture that enabled the creation of a free software community that yielded
the complex field of digital commons was not a perfect line of code. The
creation of GNU General Public License (GPL) was a legal hack to counteract
the imposing of intellectual property law on code. At that time, the only
license available for programmers wanting to keep the code free was public
domain, which gave no protection against the code being appropriated and
closed. GPL enabled free codes to become self-perpetuating. Everything built
using a free code had to be made available under the same condition, in order
to secure the freedom for programmers to continue sharing and not breaking the
law. "By working on and using GNU rather than proprietary programs, we can be
hospitable to everyone and obey the law. In addition, GNU serves as an example
to inspire and as a banner to rally others to join in sharing. This can give
us a feeling of harmony, which is impossible if we use software, which is not
free. For about half the programmers I talk to, this is an important happiness
that money cannot replace" (Stallman 2002: 33).
Architects and planners as well as environmental designers have for too long
believed the opposite, that a good enough design can subvert the logic of
enclosure that dominates the production and reproduction of space; that a good
enough design can keep space open and public by the sheer strength of spatial
intervention. Stallman rightfully understands that no design is strong enough
to keep private ownership from claiming what it believes belongs to it.
Digital and urban commons, despite operating in completely different realms
and economies, are under attack from the same threat of "market processes"
that "crucially depend upon the individual monopoly of capitalists (of all
sorts) over ownership of the means of production, including finance and land.
All rent, recall, is a return to the monopoly power of private ownership of
some crucial asset, such as land or a patent. The monopoly power of private
property is therefore both the beginning-point and the end-point of all
capitalist activity" (Harvey 2012: 100). Stallman envisioned a bleak future
(2003: 26-28) but found a way to "relate the means to the ends". He understood
that the emancipatory task of a struggle "is not only what has to be done, but
also how it will be done and who will do it" (Stavrides & De Angelis: 7).
Thus, to produce the necessary requirements - both for a community to emerge,
but also for the basis of future protocols - tools and methodologies are
needed for the community to create both free software and itself.
## Renegotiating (undoing) property, hacking the law, creating community
Property, as an instrument of allocation of resources, is a right that is
negotiated within society and by society and not written in stone or given as
such. The digital, more than any other field, discloses property as being
inappropriate for contemporary relationships between production and
reproduction and, additionally, proves how it is possible to fundamentally
rethink it. The digital offers this possibility as it is non-material, non-
rival and non-exclusive (Meretz 2013), unlike anything in the physical world.
And Elinor Ostrom's lifelong empirical researches give ground to the belief
that eschewing property, being the sole instrument of allocation, can work as
a tool of management even for rival, excludable goods.
The value of information in digital form is not flat, but property is not the
way to protect that value, as the music industry realized during the course of
the last ten years. Once the copy is _out there_ , the cost of protecting its
exclusivity on the grounds of property becomes too high in relation to the
potential value to be extracted. For example, the value is extracted from
information through controlling the moment of its release and not through
subsequent exploitation. Stallman decided to tackle the imposition of the
concept of property on computer code (and by extension to the digital realm as
a whole) by articulating it in another field: just as property is the product
of constant negotiations within a society, so are legal regulations. After
some time, he was joined by "[m]any free software developers [who] do not
consider intellectual property instruments as the pivotal stimulus for a
marketplace of ideas and knowledge. Instead, they see them as a form of
restriction so fundamental (or poorly executed) that they need to be
counteracted through alternative legal agreements that treat knowledge,
inventions, and other creative expressions not as property but rather as
speech to be freely shared, circulated, and modified" (Coleman 2012: 26).
The digital sphere can give a valid example of how renegotiating regulation
can transform a resource from scarce to abundant. When the change from
analogue signal to packet switching begun to take effect, the distribution of
finite territory and the way the radio frequency spectrum was managed got
renegotiated and the amount of slots of space to be allocated grew by an order
of magnitude while the absolute size of the spectrum stayed the same. This
shift enabled Brecht's dream of a two-sided radio to become reality, thus
enabling what he had suggested: "change this apparatus over from distribution
to communication".1
According to Lawrence Lessig, what regulates behavior in cyberspace is an
interdependence of four constraints: market, law, architecture and norms
(Lessig 2012: 121-25). Analogously, space can be put in place of cyberspace,
as the regulation of space is the sum of these four constraints. These four
constraints are in a dynamic relationship in which the balance can be tilted
towards one, depending on how much each of these categories puts pressure on
the other three. Changes in any one reflect the regulation of the whole.
"Architecture" in Lessig's theory should be understood broadly as the "built
environment" that regulates behaviour in (cyber)space. In the last few decades
we have experienced the domination of the market reconfiguring the basis of
norms, law and architecture. In order to counteract this, the other three
constraints need to be re-negotiated. In digital space, this reconfiguration
happened by declaring the code - that is, the set of instructions written as
highly formalized text in a specific programming language to be executed
(usually) by the computer - to be considered as speech in front of the law,
and by hacking the law in order to disrupt the way that property relationships
are formed.
To put it simply, in order to create a change in dynamics between the
architecture, norms and the market, the law had to be addressed first. This is
not a novel procedure, "legal hacking is going on all the time, it is just
that politics is doing it under the veil of legality because they are the
parliament, they are Microsoft, which can hire a whole law firm to defend them
and find all the legal loopholes. Legal hacking is the norm actually" (Bailey
2013). When it comes to physical space, one of the most obvious examples of
the reconfiguration of regulations under the influence of the market is to
create legal provisions, norms and architecture to sustain the concept of
developing (and privatizing) public space through public-private partnerships.
The decision of the Italian parliament that the privatization of services
(specifically of water management) is legal and does not obstruct one's access
to water as a human right, is another example of a crude manipulation of the
law by the state in favour of the market. Unlike legal hacks by corporations
that aim to create a favourable legal climate for another round of
accumulation through dispossession, Stallman's hack tries to limit the impact
of the market and to create a space of freedom for the creation of a code and
of sharable knowledge, by questioning one of the central pillars of liberal
jurisprudence: (intellectual) property law.
Similarly, translated into physical space, one of the initiatives in Europe
that comes closest to creating a real existing urban commons, Teatro Valle
Occupato in Rome, is doing the same, "pushing the borders of legality of
private property" by legally hacking the institution of a foundation to "serve
a public, or common, purpose" and having "notarized [a] document registered
with the Italian state, that creates a precedent for other people to follow in
its way" (Bailey 2013). Sounds familiar to Stallman's hack as the fundamental
gesture by which community and the whole eco-system can be formed.
It is obvious that, in order to create and sustain that type of legal hack, it
is a necessity to have a certain level of awareness and knowledge of how
systems, both political and legal, work, i.e. to be politically literate.
"While in general", says Italian commons-activist and legal scholar Saki
Bailey, "we've become extremely lazy [when it comes to politics]. We've
started to become a kind of society of people who give up their responsibility
to participate by handing it over to some charismatic leaders, experts of [a]
different type" (2013). Free software hackers, in order to understand and take
part in a constant negotiation that takes place on a legal level between the
market that seeks to cloister the code and hackers who want to keep it free,
had to become literate in an arcane legal language. Gabriella Coleman notes in
_Coding Freedom_ that hacker forums sometimes tend to produce legal analysis
that is just as serious as one would expect to find in a law office. Like the
occupants of Teatro Valle, free software hackers understand the importance of
devoting time and energy to understand constraints and to find ways to
structurally divert them.
This type of knowledge is not shared and created in isolation, but in
socialization, in discussions in physical or cyber spaces (such as #irc chat
rooms, forums, mailing lists…), the same way free software hackers share their
knowledge about code. Through this process of socializing knowledge, "the
community is formed, developed, and reproduced through practices focused on
common space. To generalize this principle: the community is developed through
commoning, through acts and forms of organization oriented towards the
production of the common" (Stavrides 2012: 588). Thus forming a community is
another crucial element of the creation of digital commons, but even more
important are its development and resilience. The emerging community was not
given something to manage, it created something together, and together devised
rules of self-regulation and decision-making.
The prime example of this principle in the free software community is the
Debian Project, formed around the development of the Debian Linux
distribution. It is a volunteer organization consisting of around 3,000
developers that since its inception in 1993 has defined a set of basic
principles by which the project and its members conduct their affairs. This
includes the introduction of new people into the community, a process called
Debian Social Contract (DSC). A special part of the DSC defines the criteria
for "free software", thus regulating technical aspects of the project and also
technical relations with the rest of a free software community. The Debian
Constitution, another document created by the community so it can govern
itself, describes the organizational structure for formal decision-making
within the project.
Another example is Wikipedia, where the community that makes the online
encyclopedia also takes part in creating regulations, with some aspects
debated almost endlessly on forums. It is even possible to detect a loose
community of "Internet users" who took to the streets all over the world when
SOPA (Stop Online Piracy Act) and PIPA (Preventing Real Online Threats to
Economic Creativity and Theft of Intellectual Property Act) threatened to
enclose the Internet, as we know it; the proposed legislation was successfully
contested.
Free software projects that represent the core of the digital commons are most
of the time born of the initiative of individuals, but their growth and life
cycle depend on the fact that they get picked up by a community or generate
community around them that is allowed to take part in their regulation and in
decisions about which shape and forms the project will take in the future.
This is an important lesson to be transferred to the physical space in which
many projects fail because they do not get picked up by the intended
community, as the community is not offered a chance to partake in its creation
and, more importantly, its regulation.
## Building common infrastructure and institutions
"The expansion of intellectual property law" as the main vehicle of the trend
to enclose the code that leads to the act of the creation of free software
and, thus, digital commons, "is part and parcel of a broader neoliberal trend
to privatize what was once under public or under the state's aegis, such as
health provision, water delivery, and military services" (Coleman 2012: 16).
The structural fight headed by the GNU/GPL against the enclosure of code
"defines the contractual relationship that serves to secure the freedom of
means of production and to constitute a community of those participating in
the production and reproduction of free resources. And it is this constitutive
character, as an answer to an every time singular situation of appropriation
by the capital, that is a genuine political emancipation striving for an equal
and free collective production" (Mars & Medak 2004). Thus digital commons "is
based on the _communication_ among _singularities_ and emerges through
collaborative social processes of production " (Negri & Hardt 2005: 204).
The most important lesson urban commons can take from its digital counterpart
is at the same time the most difficult one: how to make a structural hack in
the moment of the creation of an urban commons that will enable it to become
structurally self-perpetuating, thus creating fertile ground not only for a
singular spatialization of urban commons to appear, but to multiply and create
a whole new eco-system. Digital commons was the first field in which what
Negri and Hardt (2009: 3-21) called the "republic of property" was challenged.
Urban commons, in order to really emerge as a spatialization of a new type of
relationship, need to start undoing property as well in order to socially re-
appropriate the city. Or in the words of Stavros Stavrides "the most urgent
and promising task, which can oppose the dominant governance model, is the
reinvention of common space. The realm of the common emerges in a constant
confrontation with state-controlled 'authorized' public space. This is an
emergence full of contradictions, perhaps, quite difficult to predict, but
nevertheless necessary. Behind a multifarious demand for justice and dignity,
new roads to collective emancipation are tested and invented. And, as the
Zapatistas say, we can create these roads only while walking. But we have to
listen, to observe, and to feel the walking movement. Together" (Stavrides
2012: 594).
The big task for both digital and urban commons is "[b]uilding a core common
infrastructure [which] is a necessary precondition to allow us to transition
away from a society of passive consumers buying what a small number of
commercial producers are selling. It will allow us to develop into a society
in which all can speak to all, and in which anyone can become an active
participant in political, social and cultural discourse" (Benkler 2003: 9).
This core common infrastructure has to be porous enough to include people that
are not similar, to provide "a ground to build a public realm and give
opportunities for discussing and negotiating what is good for all, rather than
the idea of strengthening communities in their struggle to define their own
commons. Relating commons to groups of "similar" people bears the danger of
eventually creating closed communities. People may thus define themselves as
commoners by excluding others from their milieu, from their own privileged
commons." (Stavrides 2010). If learning carefully from digital commons, urban
commons need to be conceptualized on the basis of the public, with a self-
regulating community that is open for others to join. That socializes
knowledge and thus produces and reproduces the commons, creating a space for
political emancipation that is capable of judicial arguments for the
protection and extension of regulations that are counter-market oriented.
## References
Bailey, Saki (2013): Interview by Dubravka Sekulic and Alexander de Cuveland.
Benkler, Yochai (2003): "The political economy of commons". _Upgrade_ IV, no.
3, 6-9, [www.benkler.org/Upgrade-
Novatica%20Commons.pdf](http://www.benkler.org/Upgrade-
Novatica%20Commons.pdf).
Benkler, Yochai (2006): _The Wealth of Networks: How Social Production
Transforms Markets and Freedom_. New Haven: Yale University Press.
Brecht, Bertolt (2000): "The radio as a communications apparatus". In: _Brecht
on Film and Radio_ , edited by Marc Silberman. Methuen, 41-6.
Coleman, E. Gabriella (2012): _Coding Freedom: The Ethics and Aesthetics of
Hacking_. Princeton University Press / Kindle edition.
Hardt, Michael and Antonio Negri (2005): _Multitude: War and Democracy in the
Age of Empire_. Penguin Books.
Hardt, Michael and Antonio Negri (2011): _Commonwealth_. Belknap Press of
Harvard University Press.
Harvey, David (2012): The Art of Rent. In: _Rebel Cities: From the Right to
the City to the Urban Revolution_ , 1st ed. Verso, 94-118.
Hill, Benjamin Mako (2012): Freedom for Users, Not for Software. In: Bollier,
David & Helfrich, Silke (Ed.): _The Wealth of the Commons: a World Beyond
Market and State_. Levellers Press / E-book.
Lessig, Lawrence (2012): _Code: Version 2.0_. Basic Books.
Linebaugh, Peter (2008): _The Magna Carta Manifesto: Liberties and Commons for
All_. University of California Press.
Mars, Marcell (2013): Interview by Dubravka Sekulic.
Mars, Marcell and Tomislav Medak (2004): "Both devil and gnu",
[www.desk.org:8080/ASU2/newsletter.Zarez.N5M.MedakRomicTXT.EnGlish](http://www.desk.org:8080/ASU2/newsletter.Zarez.N5M.MedakRomicTXT.EnGlish).
Martin, Reinhold (2013): "Public and common(s): Places: Design observer",
[placesjournal.org/article/public-and-
commons](https://placesjournal.org/article/public-and-commons).
Meretz, Stefan (2010): "Commons in a taxonomy of goods", [keimform.de/2010
/commons-in-a-taxonomy-of-goods](http://keimform.de/2010/commons-in-a
-taxonomy-of-goods/).
Moglen, Eben (1999): "Anarchism triumphant: Free software and the death of
copyright", First Monday,
[firstmonday.org/ojs/index.php/fm/article/view/684/594](http://firstmonday.org/ojs/index.php/fm/article/view/684/594).
Stallman, Richard and Joshua Gay (2002): _Free Software, Free Society:
Selected Essays of Richard M. Stallman_. GNU Press.
Stallman, Richard and Joshua Gay (2003): "The Right to Read". _Upgrade_ IV,
no. 3, 26-8.
Stavrides, Stavros (2013): "Contested urban rhythms: From the industrial city
to the post-industrial urban archipelago". _The Sociological Review_ 61,
34-50.
Stavrides, Stavros, and Massimo De Angelis (2010): "On the commons: A public
interview with Massimo De Angelis and Stavros Stavrides". _e-flux_ 17, 1-17,
[www.e-flux.com/journal/on-the-commons-a-public-interview-with-massimo-de-
angelis-and-stavros-stavrides/](http://www.e-flux.com/journal/on-the-commons-a
-public-interview-with-massimo-de-angelis-and-stavros-stavrides/).
1
"[...] radio is one-sided when it should be two-. It is purely an apparatus
for distribution, for mere sharing out. So here is a positive suggestion:
change this apparatus over from distribution to communication". See "The radio
as a communications apparatus", Brecht 2000.
Published 4 November 2015
Original in English
First published by derive 61 (2015)
_An unedited version of a talk given at the conference[Public
Library](http://www.wkv-stuttgart.de/en/program/2014/events/public-library/)
held at Württembergischer Kunstverein Stuttgart, 1 November 2014._
_Bracketed sequences are to be reformulated._
Poetics of Research
In this talk I'm going to attempt to identify [particular] cultural
algorithms, ie. processes in which cultural practises and software meet. With
them a sphere is implied in which algorithms gather to form bodies of
practices and in which cultures gather around algorithms. I'm going to
approach them through the perspective of my practice as a cultural worker,
editor and artist, considering practice in the same rank as theory and
poetics, and where theorization of practice can also lead to the
identification of poetical devices.
The primary motivation for this talk is an attempt to figure out where do we
stand as operators, users [and communities] gathering around infrastructures
containing a massive body of text (among other things) and what sort of things
might be considered to make a difference [or to keep making difference].
The talk mainly [considers] the role of text and the word in research, by way
of several figures.
A
A reference, list, scheme, table, index; those things that intervene in the
flow of narrative, illustrating the point, perhaps in a more economic way than
the linear text would do. Yet they don't function as pictures, they are
primarily texts, arranged in figures. Their forms have been
standardised[normalised] over centuries, withstood the transition to the
digital without any significant change, being completely intuitive to the
modern reader. Compared to the body of text they are secondary, run parallel
to it. Their function is however different to that of the punctuation. They
are there neither to shape the narrative nor to aid structuring the argument
into logical blocks. Nor is their function spatial, like in visual poems.
Their positions within a document are determined according to the sequential
order of the text, [standing as attachments] and are there to clarify the
nature of relations among elements of the subject-matter, or to establish
relations with other documents. The [premise] of my talk is that these
_textual figures_ also came to serve as the abstract[relational] models
determining possible relations among documents as such, and in consequence [to
structure conditions [of research]].
B
It can be said that research, as inquiry into a subject-matter, consists of
discrete queries. A query, such as a question about what something is, what
kinds, parts and properties does it have, and so on, can be consulted in
existing documents or generate new documents based on collection of data [in]
the field and through experiment, before proceeding to reasoning [arguments
and deductions]. Formulation of a query is determined by protocols providing
access to documents, which means that there is a difference between collecting
data outside the archive (the undocumented, ie. in the field and through
experiment), consulting with a person--an archivist (expert, librarian,
documentalist), and consulting with a database storing documents. The
phenomena such as [deepening] of specialization and throughout digitization
[have given] privilege to the database as [a|the] [fundamental] means for
research. Obviously, this is a very recent [phenomenon]. Queries were once
formulated in natural language; now, given the fact that databases are queried
[using] SQL language, their interfaces are mere extensions of it and
researchers pose their questions by manipulating dropdowns, checkboxes and
input boxes mashed together on a flat screen being ran by software that in
turn translates them into a long line of conditioned _SELECTs_ and _JOINs_
performed on tables of data.
Specialization, digitization and networking have changed the language of
questioning. Inquiry, once attached to the flesh and paper has been
[entrusted] to the digital and networked. Researchers are querying the black
box.
C
Searching in a collection of [amassed/assembled] [tangible] documents (ie.
bookshelf) is different from searching in a systematically structured
repository (library) and even more so from searching in a digital repository
(digital library). Not that they are mutually exclusive. One can devise
structures and algorithms to search through a printed text, or read books in a
library one by one. They are rather [models] [embodying] various [processes]
associated with the query. These properties of the query might be called [the
sequence], the structure and the index. If they are present in the ways of
querying documents, and we will return to this issue, are they persistent
within the inquiry as such? [wait]
D
This question itself is a rupture in the sequence. It makes a demand to depart
from one narrative [a continuous flow of words] to another, to figure out,
while remaining bound to it [it would be even more as a so-called rhetorical
question]. So there has been one sequence, or line, of the inquiry--about the
kinds of the query and its properties. That sequence itself is a digression,
from within the sequence about what is research and describing its parts
(queries). We are thus returning to it and continue with a question whether
the properties of the inquiry are the same as the properties of the query.
E
But isn't it true that every single utterance occurring in a sequence yields a
query as well? Let's consider the word _utterance_. [wait] It can produce a
number of associations, for example with how Foucault employs the notion of
_énoncé_ in his _Archaeology of Knowledge_ , giving hard time to his English
translators wondering whether _utterance_ or _statement_ is more appropriate,
or whether they are interchangeable, and what impact would each choice have on
his reception in the Anglophone world. Limiting ourselves to textual forms for
now (and not translating his work but pursing a different inquiry), let us say
the utterance is a word [or a phrase or an idiom] in a sequence such as a
sentence, a paragraph, or a document.
## (F) The
structure[[edit](/index.php?title=Talks/Poetics_of_Research&action=edit§ion=1
"Edit section: \(F\) The structure")]
This distinction is as old as recorded Western thought since both Plato and
Aristotle differentiate between a word on its own ("the said", a thing said)
and words in the company of other words. For example, Aristotle's _Categories_
[lay] on the [notion] of words on their own, and they are made the subject-
matter of that inquiry. [For him], the ambiguity of connotation words
[produce] lies in their synonymity, understood differently from the moderns--
not as more words denoting a similar thing but rather one word denoting
various things. Categories were outlined as a device to differentiate among
words according to kinds of these things. Every word as such belonged to not
less and not more than one of ten categories.
So it happens to the word _utterance_ , as to any other word uttered in a
sequence, that it poses a question, a query about what share of the spectrum
of possibly denoted things might yield as the most appropriate in a given
context. The more context the more precise share comes to the fore. When taken
out of the context ambiguity prevails as the spectrum unveils in its variety.
Thus single words [as any other utterances] are questions, queries,
themselves, and by occuring in statements, in context, their [means] are being
singled out.
This process is _conditioned_ by what has been formalized as the techniques of
_regulating_ definitions of words.
### (G) The structure: words as
words[[edit](/index.php?title=Talks/Poetics_of_Research&action=edit§ion=2
"Edit section: \(G\) The structure: words as words")]
P.Oxy.XX 2260 i: Oxyrhynchus papyrus XX, 2260, column i, with quotation from
Philitas, early 2nd c. CE. 1(http://163.1.169.40/cgi-
bin/library?e=q-000-00---0POxy--00-0-0--0prompt-10---4------0-1l--1-en-50---
20-about-2260--
00031-001-0-0utfZz-8-00&a=d&c=POxy&cl=search&d=HASH13af60895d5e9b50907367) 2(http://en.wikipedia.org/wiki/File:POxy.XX.2260.i-Philitas-
highlight.jpeg)
Ephraim Chambers, _Cyclopaedia, or an Universal Dictionary of Arts and
Sciences_ , 1728, p. 210. 3(http://digicoll.library.wisc.edu/cgi-
bin/HistSciTech/HistSciTech-
idx?type=turn&entity=HistSciTech.Cyclopaedia01.p0576&id=HistSciTech.Cyclopaedia01&isize=L)
Detail from the Liddell-Scott Greek-English Lexicon, c1843.
Dictionaries have had a long life. The ancient Greek scholar and poet Philitas
of Cos living in the 4th c. BCE wrote a vocabulary explaining the meanings of
rare Homeric and other literary words, words from local dialects, and
technical terms. The vocabulary, called _Disorderly Words_ (Átaktoi glôssai),
has been lost, with a few fragments quoted by later authors. One example is
that the word πέλλα (pélla) meant "wine cup" in the ancient Greek region of
Boeotia; contrasted to the same word meaning "milk pail" in Homer's _Iliad_.
Not much has changed in the way how dictionaries constitute order. Selected
archives of statements are queried to yield occurrences of particular words,
various _criteria[indicators]_ are applied to filtering and sorting them and
in turn the spectrum of [denoted] things allocated in this way is structured
into groups and subgroups which are then given, according to other set of
rules, shorter or longer names. These constitute facets of [potential]
meanings of a word.
So there are at least _four_ sets of conditions [structuring] dictionaries.
One is required to delimit an archive[corpus of texts], one to select and give
preference[weights] to occurrences of a word, another to cluster them, and yet
another to abstract[generalize] the subject-matter of each of these clusters.
Needless to say, this is a craft of a few and these criteria are rarely being
disclosed, despite their impact on research, and more generally, their
influence as conditions for production[making] of a so called _common sense_.
It doesn't take that much to reimagine what a dictionary is and what it could
be, especially having large specialized corpora of texts at hand. These can
also serve as aids in production of new words and new meanings.
### (H) The structure: words as knowledge and the
world[[edit](/index.php?title=Talks/Poetics_of_Research&action=edit§ion=3
"Edit section: \(H\) The structure: words as knowledge and the world")]
Boethius's rendering of a classification tree described in Porphyry's Isagoge
(3th c.), [6th c.] 10th c. 4(http://www.e-codices.unifr.ch/en/sbe/0315/53/medium)
Ephraim Chambers, _Cyclopaedia, or an Universal Dictionary of Arts and
Sciences_ , London, 1728, p. II. 5(http://digicoll.library.wisc.edu/cgi-
bin/HistSciTech/HistSciTech-
idx?type=turn&entity=HistSciTech.Cyclopaedia01.p0015&id=HistSciTech.Cyclopaedia01&isize=L)
Système figuré des connaissances humaines, _Encyclopédie ou Dictionnaire
raisonné des sciences, des arts et des métiers_ , 1751. 6(http://encyclopedie.uchicago.edu/content/syst%C3%A8me-figur%C3%A9-des-
connaissances-humaines)
Another _formalized_ and [internalized] process being at play when figuring
out a word is its [containment]. Word is not only structured by way of things
it potentially denotes but also by words it is potentially part of and those
it contains.
The fuzz around categorization of knowledge _and_ the world in the Western
thought can be traced back to Porphyry, if not further. In his introduction to
Aristotle's _Categories_ this 3rd century AD Neoplatonist began expanding the
notions of genus and species into their hypothetic consequences. Aristotle's
brief work outlines ten categories of 'things that are said' (legomena,
λεγόμενα), namely substance (or substantive, {not the same as matter!},
οὐσία), quantity (ποσόν), qualification (ποιόν), a relation (πρός), where
(ποῦ), when (πότε), being-in-a-position (κεῖσθαι), having (or state,
condition, ἔχειν), doing (ποιεῖν), and being-affected (πάσχειν). In his
different work, _Topics_ , Aristotle outlines four kinds of subjects/materials
indicated in propositions/problems from which arguments/deductions start.
These are a definition (όρος), a genus (γένος), a property (ἴδιος), and an
accident (συμβεβηϰόϛ). Porphyry does not explicitly refer _Topics_ , and says
he omits speaking "about genera and species, as to whether they subsist (in
the nature of things) or in mere conceptions only" 8(http://www.ccel.org/ccel/pearse/morefathers/files/porphyry_isagogue_02_translation.htm#C1),
which means he avoids explicating whether he talks about kinds of concepts or
kinds of things in the sensible world. However, the work sparked confusion, as
the following passage [suggests]:
> "[I]n each category there are certain things most generic, and again, others
most special, and between the most generic and the most special, others which
are alike called both genera and species, but the most generic is that above
which there cannot be another superior genus, and the most special that below
which there cannot be another inferior species. Between the most generic and
the most special, there are others which are alike both genera and species,
referred, nevertheless, to different things, but what is stated may become
clear in one category. Substance indeed, is itself genus, under this is body,
under body animated body, under which is animal, under animal rational animal,
under which is man, under man Socrates, Plato, and men particularly." (Owen
1853, 9(http://www.ccel.org/ccel/pearse/morefathers/files/porphyry_isagogue_02_translation.htm#C2))
Porphyry took one of Aristotle's ten categories of the word, substance, and
dissected it using one of his four rhetorical devices, genus. Employing
Aristotle's categories, genera and species as means for logical operations,
for dialectic, Porphyry's interpretation resulted in having more resemblance
to the perceived _structures_ of the world. So they began to bloom.
There were earlier examples, but Porphyry was the most influential in
injecting the _universalist_ version of classification [implying] the figure
of a tree into the [locus] of Aristotle's thought. Knowledge became
monotheistic.
Classification schemes [growing from one point] play a major role in
untangling the format of modern encyclopedia from that of the dictionary
governed by alphabet. Two of the most influential encyclopedias of the 18th
century are cases in the point. Although still keeping 'dictionary' in their
titles, they are conceived not to represent words but knowledge. The [upper-
most] genus of the body was set as the body of knowledge. The English
_Cyclopaedia, or an Universal Dictionary of Arts and Sciences_ (1728) splits
into two main branches: "natural and scientifical" and "artificial and
technical"; these further split down to 47 classes in total, each carrying a
structured list (on the following pages) of thematic articles, serving as
table of contents. The French _Encyclopedia: or a Systematic Dictionary of the
Sciences, Arts, and Crafts_ (1751) [unwinds] from judgement ( _entendement_ ),
branches into memory as history, reason as philosophy, and imagination as
poetry. The logic of containers was employed as an aid not only to deal with
the enormous task of naming and not omiting anything from what is known, but
also for the management of labour of hundreds of writers and researchers, to
create a mechanism for delegating work and the distribution of
responsibilities. Flesh was also more present, in the field research, with
researchers attending workshops and sites of everyday life to annotate it.
The world came forward to unshine the word in other schemes. Darwin's tree of
evolution and some of the modern document classification systems such as
Charles A. Cutter's _Expansive Classification_ (1882) set to classify the
world itself and set the field for what has came to be known as authority
lists structuring metadata in today's computing.
### The structure
(summary)[[edit](/index.php?title=Talks/Poetics_of_Research&action=edit§ion=4
"Edit section: The structure \(summary\)")]
Facetization of meaning and branching of knowledge are both the domain of the
unit of utterance.
While lexicographers[dictionarists] structure thought through multi-layered
processes of abstraction of the written record, knowledge growers dissect it
into hierarchies of [mutually] contained notions.
One seek to describe the word as a faceted list of small worlds, another to
describe the world as a structured lists of words. One play prime in the
domain of epistemology, in what is known, controlling the vocabulary, another
in the domain of ontology, in what is, controlling reality.
Every [word] has its given things, every thing has its place, closer or
further from a single word.
The schism between classifying words and classifying the world implies it is
not possible to construct a universal classification scheme[system]. On top of
that, any classification system of words is bound to a corpus of texts it is
operating upon and any classification system of the world again operates with
words which are bound to a vocabulary[lexicon] which is again bound to a
corpus [of texts]. It doesn't mean it would prevent people from trying.
Classifications function as descriptors of and 'inscriptors' upon the world,
imprinting their authority. They operate from [a locus of] their
corpus[context]-specificity. The larger the corpus, the more power it has on
shaping the world, as far as the word shapes it (yes, I do imply Google here,
for which it is a domain to be potentially exploited).
## (J) The
sequence[[edit](/index.php?title=Talks/Poetics_of_Research&action=edit§ion=5
"Edit section: \(J\) The sequence")]
The structure-yielding query [of] the single word [shrinks][zuzuje
sa,spresnuje] with preceding and following words. Inquiry proceeds in the flow
that establishes another kind[mode] of relationality, chaining words into the
sequence. While the structuring property of the query brings words apart from
each other, its sequential property establishes continuity and brings these
units into an ordered set.
This is what is responsible for attaching textual figures mentioned earlier
(lists, schemes, tables) to the body of the text. Associations can be also
stated explicitly, by indexing tables and then referring them from a
particular point in the text. The same goes for explicit associations made
between blocks of the text by means of indexed paragraphs, chapters or pages.
From this follows that all utterances point to the following utterance by the
nature of sequential order, and indexing provides means for pointing elsewhere
in the document as well.
A lot can be said about references to other texts. Here, to spare time, I
would refer you to a talk I gave a few months ago and which is online 10(http://monoskop.org/Talks/Communing_Texts).
This is still the realm of print. What happens with document when it is
digitized?
Digitization breaks a document into units of which each is assigned a numbered
position in the sequence of the document. From this perspective digitization
can be viewed as a total indexation of the document. It is converted into
units rendered for machine operations. This sequentiality is made explicit, by
means of an underlying index.
Sequences and chains are orders of one dimension. Their one-dimensional
ordering allows addressability of each element and [random] access. [Jumps]
between [random] addresses are still sequential, processing elements one at a
time.
## (K) The
index[[edit](/index.php?title=Talks/Poetics_of_Research&action=edit§ion=6
"Edit section: \(K\) The index")]
Summa confessorum [1297-98], 1310. 7(http://www.bl.uk/onlinegallery/onlineex/illmanus/roymanucoll/j/011roy000008g11u00002000.html)
[The] sequencing not only weaves words into statements but activates other
temporalities, and _presents occurrences of words from past statements_. As
now when I am saying the word _utterance_ , each time there surface contexts
in which I have used it earlier.
A long quote from Frederick G. Kilgour, _The Evolution of the Book_ , 1998, pp
76-77:
> "A century of invention of various types of indexes and reference tools
preceded the advent of the first subject index to a specific book, which
occurred in the last years of the thirteenth century. The first subject
indexes were "distinctions," collections of "various figurative or symbolic
meanings of a noun found in the scriptures" that "are the earliest of all
alphabetical tools aside from dictionaries." (Richard and Mary Rouse supply an
example: "Horse = Preacher. Job 39: 'Hast thou given the horse strength, or
encircled his neck with whinning?')
>
> [Concordance] By the end of the third decade of the thirteenth century Hugh
de Saint-Cher had produced the first word concordance. It was a simple word
index of the Bible, with every location of each word listed by [its position
in the Bible specified by book, chapter, and letter indicating part of the
chapter]. Hugh organized several dozen men, assigning to each man an initial
letter to search; for example, the man assigned M was to go through the entire
Bible, list each word beginning with M and give its location. As it was soon
perceived that this original reference work would be even more useful if words
were cited in context, a second concordance was produced, with each word in
lengthy context, but it proved to be unwieldy. [Soon] a third version was
produced, with words in contexts of four to seven words, the model for
biblical concordances ever since.
>
> [Subject index] The subject index, also an innovation of the thirteenth
century, evolved over the same period as did the concordance. Most of the
early topical indexes were designed for writing sermons; some were organized,
while others were apparently sequential without any arrangement. By midcentury
the entries were in alphabetical order, except for a few in some classified
arrangement. Until the end of the century these alphabetical reference works
indexed a small group of books. Finally John of Freiburg added an alphabetical
subject index to his own book, _Summa Confessorum_ (1297—1298). As the Rouses
have put it, 'By the end of the [13]th century the practical utility of the
subject index is taken for granted by the literate West, no longer solely as
an aid for preachers, but also in the disciplines of theology, philosophy, and
both kinds of law.'"
In one sense neither subject-index nor concordane are indexes, they are words
or group of words selected according to given criteria from the body of the
text, each accompanied with a list of identifiers. These identifiers are
elements of an index, whether they represent a page, chapter, column, or other
[kind of] block of text. Every identifier is an unique _address_.
The index is thus an ordering of a sequence by means of associating its
elements with a set of symbols, when each element is given unique combination
of symbols. Different sizes of sets yield different number of variations.
Symbol sets such as an alphabet, arabic numerals, roman numerals, and binary
digits have different proportions between the length of a string of symbols
and the number of possible variations it can contain. Thus two symbols of
English alphabet can store 26^2 various values, of arabic numerals 10^2, of
roman numberals 8^2 and of binary digits 2^2.
Indexation is segmentation, a breaking into segments. From as early as the
13th century the index such as that of sections has served as enabler of
search. The more [detailed] indexation the more precise search results it
enables.
The subject-index and concordance are tables of search results. There is a
direct lineage from the 13th-century biblical concordances and the birth of
computational linguistic analysis, they were both initiated and realised by
priests.
During the World War II, Jesuit Father Roberto Busa began to look for machines
for the automation of the linguistic analysis of the 11 million-word Latin
corpus of Thomas Aquinas and related authors.
Working on his Ph.D. thesis on the concept of _praesens_ in Aquinas he
realised two things:
> "I realized first that a philological and lexicographical inquiry into the
verbal system of an author has t o precede and prepare for a doctrinal
interpretation of his works. Each writer expresses his conceptual system in
and through his verbal system, with the consequence that the reader who
masters this verbal system, using his own conceptual system, has to get an
insight into the writer's conceptual system. The reader should not simply
attach t o the words he reads the significance they have in his mind, but
should try t o find out what significance they had in the writer's mind.
Second, I realized that all functional or grammatical words (which in my mind
are not 'empty' at all but philosophically rich) manifest the deepest logic of
being which generates the basic structures of human discourse. It is .this
basic logic that allows the transfer from what the words mean today t o what
they meant to the writer.
>
> In the works of every philosopher there are two philosophies: the one which
he consciously intends to express and the one he actually uses to express it.
The structure of each sentence implies in itself some philosophical
assumptions and truths. In this light, one can legitimately criticize a
philosopher only when these two philosophies are in contradiction." 11(http://www.alice.id.tue.nl/references/busa-1980.pdf)
Collaborating with the IBM in New York from 1949, the work, a concordance of
all the words of Thomas Aquinas, was finally published in the 1970s in 56
printed volumes (a version is online since 2005 12(http://www.corpusthomisticum.org/it/index.age)). Besides that, an
electronic lexicon for automatic lemmatization of Latin words was created by a
team of ten priests in the scope of two years (in two phases: grouping all the
forms of an inflected word under their lemma, and coding the morphological
categories of each form and lemma), containing 150,000 forms 13(http://www.alice.id.tue.nl/references/busa-1980.pdf#page=4). Father
Busa has been dubbed the father of humanities computing and recently also of
digital humanities.
The subject-index has a crucial role in the printed book. It is the only means
for search the book offers. Subjects composing an index can be selected
according to a classification scheme (specific to a field of an inquiry), for
example as elements of a certain degree (with a given minimum number of
subclasses).
Its role seemingly vanishes in the digital text. But it can be easily
transformed. Besides serving as a table of pre-searched results the subject-
index also gives a distinct idea about content of the book. Two patterns give
us a clue: numbers of occurrences of selected words give subjects weights,
while words that seem specific to the book outweights other even if they don't
occur very often. A selection of these words then serves as a descriptor of
the whole text, and can be thought of as a specific kind of 'tags'.
This process was formalized in a mathematical function in the 1970s, thanks to
a formula by Karen Spärck Jones which she entitled 'inverse document
frequency' (IDF), or in other words, "term specificity". It is measured as a
proportion of texts in the corpus where the word appears at least once to the
total number of texts. When multiplied by the frequency of the word _in_ the
text (divided by the maximum frequency of any word in the text), we get _term
frequency-inverse document frequency_ (tf-idf). In this way we can get an
automated list of subjects which are particular in the text when compared to a
group of texts.
We came to learn it by practice of searching the web. It is a mechanism not
dissimilar to thought process involved in retrieving particular information
online. And search engines have it built in their indexing algorithms as well.
There is a paper proposing attaching words generated by tf-idf to the
hyperlinks when referring websites 14(http://bscit.berkeley.edu/cgi-
bin/pl_dochome?query_src=&format=html&collection=Wilensky_papers&id=3&show_doc=yes).
This would enable finding the referred content even after the link is dead.
Hyperlinks in references in the paper use this feature and it can be easily
tested: 15(http://www.cs.berkeley.edu/~phelps/papers/dissertation-
abstract.html?lexical-
signature=notemarks+multivalent+semantically+franca+stylized).
There is another measure, cosine similarity, which takes tf-idf further and
can be applied for clustering texts according to similarities in their
specificity. This might be interesting as a feature for digital libraries, or
even a way of organising library bottom-up into novel categories, new
discourses could emerge. Or as an aid for researchers to sort through texts,
or even for editors as an aid in producing interesting anthologies.
## Final
remarks[[edit](/index.php?title=Talks/Poetics_of_Research&action=edit§ion=7
"Edit section: Final remarks")]
1
New disciplines emerge all the time - most recently, for example, cultural
techniques, software studies, or media archaeology. It takes years, even
decades, before they gain dedicated shelves in libraries or a category in
interlibrary digital repositories. Not that it matters that much. They are not
only sites of academic opportunities but, firstly, frameworks of new
perspectives of looking at the world, new domains of knowledge. From the
perspective of researcher the partaking in a discipline involves negotiating
its vocabulary, classifications, corpus, reference field, and specific
terms[subjects]. Creating new fields involves all that, and more. Even when
one goes against all disciplines.
2
Google can still surprise us.
3
Knowledge has been in the making for millenia. There have been (abstract)
mechanisms established that govern its conditions. We now possess specialized
corpora of texts which are interesting enough to serve as a ground to discuss
and experiment with dictionaries, classifications, indexes, and tools for
references retrieval. These all belong to the poetic devices of knowledge-
making.
4
Command-line example of tf-idf and concordance in 3 steps.
* 1\. Process the files text.1-5.txt and produce freq.1-5.txt with lists of (nonlemmatized) words (in respective texts), ordered by frequency:
> for i in {1..5}; do tr '[A-Z]' '[a-z]' < text.$i.txt | tr -c '[a-z]'
'[\012*]' | tr -d '[:punct:]' | sort | uniq -c | sort -k 1nr | sed '1,1d' >
temp.txt; max=$(awk -vvar=1 -F" " 'NR
* 2\. Process the files freq.1-5.txt and produce tfidf.1-5.txt containing a list of words (out of 500 most frequent in respective lists), ordered by weight (specificity for each text):
> for j in {1..5}; do rm freq.$j.txt.temp; lines=$(wc -l freq.$j.txt) && for i
in {1..500}; do word=$(awk -vline="$i" -vfield=2 -F" " 'NR
line {print
$field}' freq.$j.txt); tf=$(awk -vline="$i" -vfield=1 -F" " 'NR
* 3\. Process the files tfidf.1-5.txt and their source text, text.txt, and produce occ.txt with concordance of top 3 words from each of them:
> rm occ.txt && for j in {1..5}; do echo "$j" >> occ.txt; ptx -f -w 150
text.txt.$j > occ.$j.txt; for i in {1..3}; do word=$(awk -vline="$i" -vfield=1
-F" " 'NR
line {print $field}' tfidf.$j.txt); egrep -i
"[alpha:](/index.php?title=Alpha:&action=edit&redlink=1 "Alpha: \(page does
not exist\)") $word" occ.$j.txt >> occ.txt; done; done
Dušan Barok
_Written 23 October - 1 November 2014 in Bratislava and Stuttgart._
USDC
Opinion: Elsevier against SciHub and LibGen
2015
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------
15 Civ. 4282(RWS)
OPINION
ELSEVIER INC., ELSEVIER B.V., and ELSEVIER LTD.,
Plaintiffs,
- against -
WWW.SCI-HUB.ORG, THE LIBRARY GENESIS PROJECT, d/b/a LIBGEN.ORG, ALEXANDRA ELBAKYAN, and JOHN DOES 1-99,
Defendants.
----------------------------------------
APPEARANCES
Attorneys for the Plaintiffs
DEVORE & DEMARCO LLP
99 Park Avenue, Suite 1100
New York, NY 1001 6
By:
Joseph DeMarco, Esq.
David Hirschberg, Esq.
Urvashi Sen, Esq.
Pro Se
Alexandra Elbakyan
Almaty, Kazakhstan
1
Sweet, D.J.,
Plaintiffs Elsevier Inc., Elsevier B.V., and Elsevier, Ltd. (collectively, "Elsevier" or the "Plaintiffs") have moved for a preliminary injunction preventing defendants Sci-Hub, Library Genesis Project (the " Project"), Alexandra Elbakyan ("Elbakyan"), Bookfi.org, Elibgen.org, Erestroresollege.org, and Libgen.info (collectively, the "Defendants") from distributing works to which Elsevier owns the copyright. Based upon the facts and conclusions below, the motion is granted and the Defendants are prohibited from distributing the Plaintiffs' copyrighted works.
Prior Proceedings
Elsevier, a major publisher of scientific journal articles and book chapters, brought this action on June 2, 2015, alleging that the Defendants, a series of websites affiliated with the Project (the "Website Defendants") and their owner and operator, Alexandra Elbakyan, infringed Elsevier's copyrighted works and violated the Computer Fraud and Abuse Act. (See generally Complaint, Dkt. No. 1.) Elsevier filed the instant motion for a preliminary injunction on June 11, 2015, via an Order to Show Cause. (Dkt. Nos. 5-13.) On June 18, 2015, the Court granted
2
Plaintiffs' Order to Show Cause and authorized service on the
Defendants via email.
week,
(Dkt.
No.
1 5.)
During the following
the Plaintiffs served the Website Defendants via email and
Elbakyan via email and postal mail.
On July 7,
Part One Judge,
and Elbakyan,
2015,
See Dkt.
Nos.
the Honorable Ronnie Abrams,
24-31. )
acting as
held a telephone conference with the Plaintiffs
during which Elbakyan acknowledged receiving the
papers concerning this case and declared that she did not intend
to obtain a lawyer.
conference,
(See Transcript,
Dkt.
No.
38. )
After the
Judge Abrams issued an Order directing Elbakyan to
notify the Court whether she wished assistance in obtaining pro
bono counsel,
se,
and advising her that while she could proceed pro
the Website Defendants,
not being natural persons,
(Dkt. No.
obtain counsel or risk default.
telephonic conference was held on July 14 ,
must
3 6. )
A second
2015,
during which
Elbakyan stated that she needed additional time to find a
lawyer.
( See Transcript,
the request,
Dkt.
No.
4 2. )
Judge Abrams granted
but warned Elbakyan th�t "you have to move quickly
both in attempting to retain an attorney and you' ll have to
stick to the schedule that is set once it' s set. "
After the telephone conference,
(Id.
at 6. )
Judge Abrams issued another
Order setting the preliminary injunction hearing for September
1 6 and directing Elbakyan to inform the Court by July 21 if she
wished assistance in obtaining pro bono counsel.
3
(Dkt. No.
4 0. )
The motion for a preliminary injunction was heard on
September 1 6,
hearing,
201 5.
None of the Defendants appeared at the
although Elbakyan sent a two-page letter to the court
the day before.
(Dkt. No.
50.)
Applicable Standard
Preliminary injunctions are "extraordinary and drastic
remed[ies]
that should not be granted unless the movant,
clear showing,
Armstrong,
carries the burden of persuasion. "
5 20 U. S.
district court may,
9 68,
972 (1997).
by a
Mazurek v.
In a copyright case,
at its discretion,
a
grant a preliminary
injunction when the plaintiffs demonstrate 1) a likelihood of
success on the merits,
injunction,
favor,
2) irreparable harm in the absence of an
3) a balance of the hardships tipping in their
and 4 ) that issuance of an injunction would not do a
disservice to the public interest.
F. 3d 27 5,
278 ( 2d Cir.
W PIX,
Inc.
v. ivi,
Inc.,
691
2012).
The Motion is Granted
With the exception of Elbakyan,
none of the Defendants
filed any opposition to the instant motion,
participated in any
hearing or telephone conference, or in any other way appeared in
4
the case.
Although Elbakyan acknowledges that she is the "main
operator of sci-hub. erg website"
only represent herself pro
se;
(Dkt.
No.
50 at 1. ), she may
since the Website Defendants are
not natural persons, they may only be represented by an attorney
See Max Cash Media, Inc.
admitted to practice in federal court.
v.
Prism Corp. , No.
(S.D. N. Y.
12 Civ.
147, 2012 WL 2861 162, at *1
July 9, 2012);
Auth. , 722 F. 2d 20, 22
(2d Cir.
1983)
(stating reasons for the
rule and noting that it is "venerable and widespread").
Because
the Website Defendants did not retain an attorney to defend this
action, they are in default.
However, the Website Defendants' default does not
the Plaintiffs to an injunction, nor does
automatically entit
the fact that Elbakyan's submission raises no mer
challenge to the Plaintiffs' claims.
Music, No.
2015).
13 Civ.
s-based
See Thurman v.
5194, 2015 WL 2 168134, at *4
Bun Bun
May 7,
(S. D. N. Y.
Instead, notwithstanding the default, the Plaintiffs
must present evidence sufficient to establish that they are
entitled to injunctive relief.
Curveal Fashion, No.
(S. D. N. Y.
Cir.
09 Civ.
Jan 20, 2010);
See id. ;
Inc.
v.
8458, 2010 WL 308303, at *2
CFTC v.
Vartuli, 228 F. 3d 94, 98
2000).
A. Likelihood of S
Gucci Am.,
ss on the
5
rits
(2d
, -
Elsevier has established that the Defendants have
reproduced and distributed its copyrighted works,
of the exclusive rights established by 17
Complaint,
Dkt. No. 1,
at 11-13.)
(1)
"two elements must be
ownership of a valid copyright,
and
(2)
copying of
constituent elements of the work that are original."
Records,
LLC v. Doe 3,
Feist Publ'ns,
See
U.S.C. § 106.
In order to prevail on a
claim for infringement of copyright,
proven:
in violation
604 F.3d 110,
117
Arista
(2d Cir. 2010)
Inc. v. Rural Tel. Serv. Co.,
499 U.S.
(quoting
340,
361
(1991) ) .
Elsevier has made a substantial evidentiary showing,
documenting the manner in which the Defendants access its
ScienceDirect database of scientific literature and post
copyrighted material on their own websites free of charge.
According to Elsevier,
the Defendants gain access to
ScienceDirect by using credentials fraudulently obtained from
educational institutions,
including educational institutions
located in the Southern District of New York,
legitimate access to ScienceDirect.
Woltermann
(the "Woltermann Dec.") ,
which are granted
(See Declaration of Anthony
Dkt. No. 8,
at 13-14.)
As
an attachment to one of the supporting declarations to this
motion,
Elsevier includes a sequence of screenshots showing how
a user could go to �ww.sc�-hub.org,
6
one of the Website
Defendants,
search for information on a scientific article,
a set of search results, click on a link,
copyrighted article on ScienceDirect,
get
and be redirected to a
via a proxy.
See
Elsevier also points to a
Walterman Dec. at 41-44 and Ex. U.)
Twitter post (in Russian) indicating that whenever an article is
downloaded via this method,
own servers.
1 2,
Ex.
B.)
the Defendants save a copy on their
(See Declaration of David M. Hirschberg,
As specific examples,
with their copyright registrations.
Dkt.
No. 9,
Exs. B-D.)
No.
Elsevier includes copies of
two of its articles accessed via the Defendants'
Doda,
Dkt.
websites,
along
(Declaration of Paul F.
This showing demonstrates a
likelihood of success on Elsevier' s copyright infringement
claims.
Elsevier also shows a likelihood of success on its claim
under the Computer Fraud and Abuse Act ("CFAA").
prohibits,
inter alia,
The CFAA
obtaining information from "any protected
computer" without authorization,
18 U.S. C. § 1030(a)(2)(C),
and
obtaining anything of value by accessing any protected computer
with intent to defraud.
Id.
§ (a) (4).
The definition of
"protected computer" includes one "which is used in or affecting
interstate or foreign commerce or communication,
including a
computer located outside the United States that
is used in a
manner that affects interstate or foreign commerce or
communication of the United States."
7
I .
§ (e) (2) (B);
Nexans
Wires S. A.
2006).
v.
Sa
Inc.
166 F.
App'x 559, 562 n. 5
(2d Cir.
Elsevier's ScienceDirect database is located on multiple
servers throughout the world and is accessed by educational
institutions and their students, and qualifies as a computer
used in interstate commerce, and therefore as a protected
computer under the CFAA.
See Woltermann Dec.
at 2-3. )
As
found above, Elsevier has shown that the Defendants' access to
ScienceDirect was unauthorized and accomplished via fraudulent
university credentials.
While the C fAA requires a civil
plaintiff to have suffered over $5,000 in damage or loss, see
Register. com, Inc.
v.
Verio, Inc. , 356 F. 3d 393, 439
(2d Cir.
2004), Elsevier has made the necessary showing since it
documented between 2,000 and 8,500 of its articles being added
to the LibGen database each day
(Woltermann Dec.
at 8, Exs.
G &
H) and because its articles carry purchase prices of between
$19. 95 and $41. 95 each.
Leon, No.
12 Civ.
Id.
at 2;
see Millennium TGA, Inc.
1360, 2013 WL 5719079, at *10
(E. D. N.Y.
v.
Oct.
18, 2013). 1
Elsevier's evidence is also buttressed by Elbakyan's
submission, in which she frankly admits to copyright
infringement.
1
(See Dkt.
No.
50.)
She discusses her time as a
While Elsevier's articles are likely sufficient on their own to qualify as
"[]thing[s]
of value" under the CFAA,
Elbakyan acknowledges in her submission
that the Defendants derive revenue from their website.
50,
at
1
{"That is true that website collects donations,
pressure anyone to send them.").)
8
Letter,
Dkt. No.
however we do not
student at a university in Kazakhstan, where she did not have
access to research papers and found the prices charged to be
just insane.
(Id.
at 1.)
She obtained the papers she needed
"by pirating them," and found may similar students and
researchers, predominantly in developing count
s, who were in
similar situations and helped each other illicitly obtain
research materials that they could not access legitimately or
afford on the open market.
Id.)
As Elbakyan describes it, "I
could obtain any paper by pirating it, so I solved many requests
and people always were very grateful for my help.
After that, I
created sci-hub.org website that simply makes this process
automatic and the website immediately became popular."
(Id.)
Given Elsevier's strong evidentiary showing and Elbakyan's
admissions, the first prong of the preliminary injunction test
is firmly established.
B. Irreparable Harm
Irreparable harm is present "where, but for the grant of
equitable relief, there is a substantial chance that upon final
resolution of the action the parties cannot be returned to the
positions they previously occupied."
Brenntag Int'l Chems.,
Inc. v. Bank of India, 175 F.3d 245, 249
(2d Cir. 1999).
Here,
there is irreparable harm because it is entirely likely that the
9
•'
damage to Elsevier could not be effectively quantified.
Register.com,
356 F.3d at 404
{"irreparable harm may be found
where damages are difficult to establish and measure.").
would be difficult,
if not impossible,
It
to determine how much
money the Plaintiffs have lost due to the availability of
thousands of their articles on the Defendant websites;
some
percentage of those articles would no doubt have been paid for
legitimately if they were not downloadable for free,
but there
appears to be no way of determining how many that would be.
There is also the matter of harm caused by "viral infringement, "
where Elsevier's content could be transmitted and retransmitted
by third parties who acquired it from the Defendants even after
the Defendants' websites were shut down.
Inc.,
275
765 F. Supp. 2d 594,
(2d Cir. 2012).
620
(S.D.N.Y.
See WPIX,
2011),
'to prove the loss of sales due to
infringement is .
notoriously difficult.'"
Colting,
81
607 F.3d 6 8,
(2d Cir. 2010)
Corp. v. Petri-Kine Camera Co.,
(Friendly,
aff'd 691 F.3d
"(C]ourts have tended to issue injunctions
in this context because
1971)
Inc. v. ivi,
Salinger v.
(quoting Omega Importing
451 F.2d 1190,
1195
(2d Cir.
J.)).
Additionally,
the harm done to the Plaintiffs is likely
irreparable because the scale of any money damages would
dramatically exceed Defendants' ability to pay.
F.3d at 249-50
Brenntag,
175
(explaining that even where money damages can be
10
quantified, there is irreparable harm when a defendant will be
unable to cover the damages).
Defendants'
It is highly likely that the
activities will be found to be willful - Elbakyan
herself refers to the websites'
activities as "pirating" (Dkt.
No. 50 at 1) - in which case they would be liable for between
$750 and $150,000 in statutory damages for each pirated work.
See 17 U.S.C.
§ 504(c);
HarperCollins Publishers LLC v. Open
Road Integrated Media, LLP, 58 F.
2014).
Supp. 3d 380, 38 7 (S.D.N.Y.
Since the Plaintiffs credibly allege that the Defendants
infringe an average of over 3,000 new articles each day
(Woltermann Deel. at 7), even if the Court were to award damages
at the lower end of the statutory range the Defendants'
liability could be extensive.
Since the Defendants are an
individual and a set of websites supported by voluntary
donations, the potential damages are likely to be far beyond the
Defendants'
ability to pay.
C. Balance of Hardships
The balance of hardships clearly tips in favor of the
Plaintiffs.
Elsevier has shown that it is likely to succeed on
the merits, and that it continues to suffer irreparable harm due
to the Defendants'
free.
making its copyrighted material available for
As for the Defendants, "it is axiomatic that an infringer
11
of copyright cannot complain about the loss of ability to offer
its infringing product."
omitted).
W PIX,
691 F.3d at 287 (quotation
The Defendants cannot be legally harmed by the fact
that they cannot continue to steal the Plaintiff' s content,
even
See id.
if they tried to do so for public-spirited reasons.
D. Public Interest
To the extent that Elbakyan mounts a legal challenge to the
motion for a preliminary injunction,
interest prong of the test.
it is on the public
In her letter to the Court,
notes that there are "lots of researchers .
she
. especially in
developing countries" who do not have access to key scientific
papers owned by Elsevier and similar organizations,
and who
cannot afford to pay the high fees that Elsevier charges.
No.
50,
at 1.)
Elbakyan states in her letter that Elsevier
operates by racket:
any papers.
(Dkt.
if you do not send money,
On my website,
as they want for free,
you will not read
any person can read as many papers
and sending donations is their free will.
Why Elsevier cannot work like this,
(Id.)
I wonder?
Elbakyan
also notes that researchers do not actually receive money in
exchange for granting Elsevier a copyright.
Id.)
Rather,
she
alleges they give Elsevier ownership of their works "because
Elsevier is an owner of so-called
12
'high-impact'
journals.
If a
researcher wants to be recognized,
make a career - he or she
needs to have publications in such journals.n
{ Id. at 1-2.)
Elbakyan notes that prominent researchers have made attempts to
boycott Elsevier and states that "[t]he general opinion in
research community is that research papers should be distributed
for free (open access),
not sold.
And practices of such
companies like Elsevier are unacceptable,
distribution of knowledge."
because they limit
ld. at 2.)
Elsevier contends that the public interest favors the
issuance of an injunction because doing so will "protect the
delicate ecosystem which supports scientific research
worldwide."
(Pl.'s Br.,
Dkt. No. 6,
at 21.)
It states that the
money it generates by selling access. to scientific research is
used to support new discoveries,
maintain a "de
discovery."
to create new journals,
and to
nitive and accurate record of scientif
( Id.)
It also argues that allowing its articles to
be widely distributed
sks the spread of bad science - while
Elsevier corrects and retracts articles whose conclusions are
later found to be flawed,
it has no way of doing so when the
content is taken out of its control.
Id. at 22.)
Lastly,
Elsevier argues that injunctive relief against the Defendants is
important to deter "cyber-crime," while
ling to issue an
injunction will incentivize pirates to continue to publish
copyrighted works.
13
It cannot be denied that there is a compelling public
interest in fostering scientific achievement, and that ensuring
broad access to scientific research is an important component of
that effort.
As the Second Circuit has noted, "[c]opyright law
inherently balances [] two competing public interests .
.
. the
rights of users and the public interest in broad accessibility
of creative works, and the rights of copyright owners and the
public interest in rewarding and incentivizing creative efforts
(the
'owner-user balance' )."
WPIX, 691 F.3d at 287 .
Elbakyan' s
solution to the problems she identifies, simply making
copyrighted content available for free via a foreign website,
disserves the public interest.
As the Plaintiffs have
established, there is a "delicate ecosystem which supports
scientific research worldwide,"
( Pl.' s Br., Dkt. No. 6 at 21),
and copyright law pays a critical function within that system.
"Inadequate protections for copyright owners can threaten the
very store of knowledge to be accessed; encouraging the
production of creative work thus ultimately serves the public' s
interest in promoting the accessibility of such works. "
691 F.3d at 287 .
W PIX,
The existence of Elsevier shows that
publication of scient ific research
generates substantial
economic value.
The public' s interest in the broad diffusion of scientific
knowledge is sustained by two critical exceptions in copyright
14
law.
First,
the "idea/expression dichotomy" ensures that while
a scientific article may be subject to copyright,
the ideas and
See 17 U. S.C. § 102(b)
insights within that article are not.
("In no case does copyright protection for an original work of
authorship extend to any idea,
procedure,
method of operation,
concept,
to this distinction,
every idea,
principle,
process,
system,
or discovery").
theory,
"Due
and fact in a
copyrighted work becomes instantly available for public
exploitation at the moment of publication."
537 U.S. 186,
219
(2003).
So while Elsevier may be able to keep
its actual articles behind a paywall,
them are fair game for anyone.
doctrine,
comment,
the discoveries within
Secondly,
codified at 17 U.S.C. § 107,
expressions,
as well as ideas,
news reporting,
Eldred v. Ashcroft,
the "fair use"
allows the public to use
nfor purposes such as criticism,
teaching .
.
.
scholarship,
or
research" without being liable for copyright infringement.
(emphasis added)
Under this doctrine,
themselves may be taken and used,
purposes,
Elsevier' s articles
bu.t only for legitimate
and not for wholesale infringement.
U.S. at 219.2
See Eldred,
537
The public interest in the broad dissemination and
use of scientific research is protected by the idea/expression
dichotomy and the fair use doctrine.
2
See Golan v. Holder,
The public interest in wide d1sseminat1on of scientific works
by the fact that copyrights are given only limited
464
15
U.S.
duration.
417, 431-32
132
is also served
See Sony Corp.
(1984).
S.
Ct. 873,
890 (2012);
Eldred,
537 U.S. at 219.
Given the
importance of scientific research and the critical role that
copyright plays in promoting it,
the public interest weighs in
favor of an injunction.
Conclusion
For the reasons set forth above,
It is hereby ordered that:
preliminary injunction is granted.
1. The Defendants,
agents,
their officers,
servants,
employees,
the motion for a
directors,
principals,
successors and assigns,
and
all persons and entities in active concert or participation
with them,
are hereby temporarily restrained from unlawful
access to,
use,
reproduction,
and/or distribution of
Elsevier's copyrighted works and from assisting,
aiding,
or
abetting any other person or business entity in engaging in
unlawful access to,
use,
reproduction,
and/or distribution
of Elsevier' s copyrighted works.
2. Upon the Plaintiffs'
request,
have registered Defendants'
those organizations which
domain names on behalf of
Defendants shall disclose immediately to the Plaintiffs all
information in their possession concerning the identity of
the operator or registrant of such domain names and of any
16
bank accounts or financial accounts owned or used by such
operator or registrant.
3. Defendants shall not transfer ownership of the Defendants'
websites during the pendency of this Action,
or until
further Order of the Court.
4. The TLD Registries for the Defendants'
administrators,
websites,
or their
shall place the domain names on
registryHold/serverHold as well as serverUpdate,
serverDelete,
and serverTransfer prohibited statuses,
until
further Order of the Court.
5. The Defendants shall preserve copies of all computer files
relating to the use of the websites and shall take all
necessary steps to retrieve computer files relating to the
use of the websites that may have been deleted before entry
of this Order.
6. That security in the amount of $ 5, 000 be posted by the
Plaintiffs within one week of the entry of this Order.
Fed.