Sollfrank
The Surplus of Copying
2018


## essay #11

The Surplus of Copying
How Shadow Libraries and Pirate Archives Contribute to the
Creation of Cultural Memory and the Commons
By Cornelia Sollfrank

Digital artworks tend to have a problematic relationship with the white
cube—in particular, when they are intended and optimized for online
distribution. While curators and exhibition-makers usually try to avoid
showing such works altogether, or at least aim at enhancing their sculptural
qualities to make them more presentable, the exhibition _Top Tens_ featured an
abundance of web quality digital artworks, thus placing emphasis on the very
media condition of such digital artifacts. The exhibition took place at the
Onassis Cultural Center in Athens in March 2018 and was part of the larger
festival _Shadow Libraries: UbuWeb in Athens_ ,1 an event to introduce the
online archive UbuWeb2 to the Greek audience and discuss related cultural,
ethical, technical, and legal issues. This text takes the event—and the
exhibition in particular—as a starting point for a closer look at UbuWeb and
the role an artistic approach can play in building cultural memory within the
neoliberal knowledge economy.

_UbuWeb—The Cultural Memory of the Avant-Garde_

Since Kenneth Goldsmith started Ubu in 1997 the site has become a major point
of reference for anyone interested in exploring twentieth-century avant-garde
art. The online archive provides free and unrestricted access to a remarkable
collection of thousands of artworks—among them almost 700 films and videos,
over 1000 sound art pieces, dozens of filmed dance productions, an
overwhelming amount of visual poetry and conceptual writing, critical
documents, but also musical scores, patents, electronic music resources, plus
an edition of vital new literature, the /ubu editions. Ubu contextualizes the
archived objects within curated sections and also provides framing academic
essays. Although it is a project run by Goldsmith without a budget, it has
built a reputation for making all the things available one would not find
elsewhere. The focus on “avant-garde” may seem a bit pretentious at first, but
when you look closer at the project, its operator and the philosophy behind
it, it becomes obvious how much sense this designation makes. Understanding
the history of the twentieth-century avant-garde as “a history of subversive
takes on creativity, originality, and authorship,”3 such spirit is not only
reflected in terms of the archive’s contents but also in terms of the project
as a whole. Theoretical statements by Goldsmith in which he questions concepts
such as authorship, originality, and creativity support this thesis4—and with
that a conflictual relationship with the notion of intellectual property is
preprogrammed. Therefore it comes as no surprise that the increasing
popularity of the project goes hand-in-hand with a growing discussion about
its ethical justification.

At the heart of Ubu, there is the copy! Every item in the archive is a digital
copy, either of another digital item or, in fact, it is the digitized version
of an analog object.5 That is to say, the creation of a digital collection is
inevitably based on copying the desired archive records and storing them on
dedicated media. However, making a copy is in itself a copyright-relevant act,
if the respective item is an original creation and as such protected under
copyright law.6 Hence, “any reproduction of a copyrighted work infringes the
copyright of the author or the corresponding rights of use of the copyright
holder”.7 Whether the existence of an artwork within the Ubu collection is a
case of copyright infringement varies with each individual case and depends on
the legal status of the respective work, but also on the way the rights
holders decide to act. As with all civil law, there is no judge without a
plaintiff, which means even if there is no express consent by the rights
holders, the work can remain in the archive as long as there is no request for
removal.8 Its status, however, is precarious. We find ourselves in the
notorious gray zone of copyright law where nothing is clear and many things
are possible—until somebody decides to challenge this status. Exploring the
borders of this experimental playground involves risk-taking, but, at the same
time, it is the only way to preserve existing freedoms and make a case for
changing cultural needs, which have not been considered in current legal
settings. And as the 20 years of Ubu’s existence demonstrate, the practice may
be experimental and precarious, but with growing cultural relevance and
reputation it is also gaining in stability.

_Fair Use and Public Interest_

At all public appearances and public presentations Goldsmith and his
supporters emphasize the educational character of the project and its non-
commercial orientation.9 Such a characterization is clearly intended to take
the wind out of the sails of its critics from the start and to shift the
attention away from the notion of piracy and toward questions of public
interest and the common good.

From a cultural point of view, the project unquestionably is of inestimable
value; a legal defense, however, would be a difficult undertaking. Copyright
law, in fact, has a built-in opening, the so-called copyright exceptions or
fair use regulations. They vary according to national law and cultural
traditions and allow for the use of copyrighted works under certain, defined
provisions without permission of the owner. The exceptions basically apply to
the areas of research and private study (both non-commercial), education,
review, and criticism and are described through general guidelines. “These
defences exist in order to restore the balance between the rights of the owner
of copyright and the rights of society at large.”10

A very powerful provision in most legislations is the permission to make
“private copies”, digital and analog ones, in small numbers, but they are
limited to non-commercial and non-public use, and passing on to a third party
is also excluded.11 As Ubu is an online archive that makes all of its records
publicly accessible and, not least, also provides templates for further
copying, it exceeds the notion of a “private copy” by far. Regarding further
fair use provisions, the four factors that are considered in a decision-making
process in US copyright provisions, for instance, refer to: 1) the purpose and
character of the use, including whether such use is of a commercial nature or
is for non-profit educational purposes; 2) the nature of the copyrighted work;
3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and 4) the effect of the use upon the potential
market for the value of the copyrighted work (US Copyright Act, 1976, 17 USC.
§107, online, n.pag.). Applying these fair use provisions to Ubu, one might
consider that the main purposes of the archive relate to education and
research, that it is by its very nature non-commercial, and it largely does
not collide with any third party business interests as most of the material is
not commercially available. However, proving this in detail would be quite an
endeavor. And what complicates matters even more is that the archival material
largely consists of original works of art, which are subject to strict
copyright law protection, that all the works have been copied without any
transformative or commenting intention, and last but not least, that the
aspect of the appropriateness of the amount of used material becomes absurd
with reference to an archive whose quality largely depends on
comprehensiveness: the more the merrier. As Simon Stokes points out, legally
binding decisions can only be made on a case-by-case basis, which is why it is
difficult to make a general evaluation of Ubu’s legal situation.12 The ethical
defense tends to induce the cultural value of the archive as a whole and its
invaluable contribution to cultural memory, while the legal situation does not
consider the value of the project as a whole and necessitates breaking it down
into all the individual items within the collection.

This very brief, when not abridged discussion of the possibilities of fair use
already demonstrates how complex it would be to apply them to Ubu. How
pointless it would be to attempt a serious legal discussion for such a
privately run archive becomes even clearer when looking at the problems public
libraries and archives have to face. While in theory such official
institutions may even have a public mission to collect, preserve, and archive
digital material, in practice, copyright law largely prevents the execution of
this task, as Steinhauer explains.13 The legal expert introduces the example
of the German National Library, which was assigned the task since 2006 to make
back-up copies of all websites published within the .de sublevel domain, but
it turned out to be illegal.14 Identifying a deficiently legal situation when
it comes to collecting, archiving, and providing access to digital cultural
goods, Steinhauer even speaks of a “legal obligation to amnesia”.15 And it is
particularly striking that, from a legal perspective, the collecting of
digitalia is more strictly regulated than the collecting of books, for
example, where the property status of the material object comes into play.
Given the imbalance between cultural requirements, copyright law, and the
technical possibilities, it is not surprising that private initiatives are
being founded with the aim to collect and preserve cultural memory. These
initiatives make use of the affordability and availability of digital
technology and its infrastructures, and they take responsibility for the
preservation of cultural goods by simply ignoring copyright induced
restrictions, i.e. opposing the insatiable hunger of the IP regime for
control.

_Shadow Libraries_

Ubu was presented and discussed in Athens at an event titled _Shadow
Libraries: UbuWeb in Athens_ , thereby making clear reference to the ecosystem
of shadow libraries. A library, in general, is an institution that collects,
orders, and makes published information available while taking into account
archival, economic, and synoptic aspects. A shadow library does exactly the
same thing, but its mission is not an official one. Usually, the
infrastructure of shadow libraries is conceived, built, and run by a private
initiative, an individual, or a small group of people, who often prefer to
remain anonymous for obvious reasons. In terms of the media content provided,
most shadow libraries are peer-produced in the sense that they are based on
the contributions of a community of supporters, sometimes referred to as
“amateur librarians”. The two key attributes of any proper library, according
to Amsterdam-based media scholar Bodo Balazs, are the catalog and the
community: “The catalogue does not just organize the knowledge stored in the
collection; it is not just a tool of searching and browsing. It is a critical
component in the organisation of the community of librarians who preserve and
nourish the collection.”16 What is specific about shadow libraries, however,
is the fact that they make available anything their contributors consider to
be relevant—regardless of its legal status. That is to say, shadow libraries
also provide unauthorized access to copyrighted publications, and they make
the material available for download without charge and without any other
restrictions. And because there is a whole network of shadow libraries whose
mission is “to remove all barriers in the way of science,”17 experts speak of
an ecosystem fostering free and universal access to knowledge.

The notion of the shadow library enjoyed popularity in the early 2000s when
the wide availability of digital networked media contributed to the emergence
of large-scale repositories of scientific materials, the most famous one
having been Gigapedia, which later transformed into library.nu. This project
was famous for hosting approximately 400,000 (scientific) books and journal
articles but had to be shut down in 2012 as a consequence of a series of
injunctions from powerful publishing houses. The now leading shadow library in
the field, Library Genesis (LibGen), can be considered as its even more
influential successor. As of November 2016 the database contained 25 million
documents (42 terabytes), of which 2.1 million were books, with digital copies
of scientific articles published in 27,134 journals by 1342 publishers.18 The
large majority of the digital material is of scientific and educational nature
(95%), while only 5% serves recreational purposes.19 The repository is based
on various ways of crowd-sourcing, i.e. social and technical forms of
accessing and sharing academic publications. Despite a number of legal cases
and court orders, the site is still available under various and changing
domain names.20

The related project Sci-Hub is an online service that processes requests for
pay-walled articles by providing systematic, automized, but unauthorized
backdoor access to proprietary scholarly journal databases. Users requesting
papers not present in LibGen are advised to download them through Sci-Hub; the
respective PDF files are served to users and automatically added to LibGen (if
not already present). According to _Nature_ magazine, Sci-Hub hosts around 60
million academic papers and was able to serve 75 million downloads in 2016. On
a daily basis 70,000 users access approximately 200,000 articles.

The founder of the meta library Sci-Hub is Kazakh programmer Alexandra
Elbakyan, who has been sued by large publishing houses and was convicted twice
to pay almost 20 million US$ in compensation for the losses her activities
allegedly have caused, which is why she had to go underground in Russia. For
illegally leaking millions of documents the _New York Times_ compared her to
Edward Snowden in 2016: “While she didn’t reveal state secrets, she took a
stand for the public’s right to know by providing free online access to just
about every scientific paper ever published, ranging from acoustics to
zymology.” 21 In the same year the prestigious _Nature_ magazine elected her
as one of the ten most influential people in science. 22 Unlike other
persecuted people, she went on the offensive and started to explain her
actions and motives in court documents and blog posts. Sci-Hub encourages new
ways of distributing knowledge, beyond any commercial interests. It provides a
radically open infrastructure thus creating an inviting atmosphere. “It is a
knowledge infrastructure that can be freely accessed, used and built upon by
anyone.”23

As both projects LibGen and Sci-Hub are based in post-Soviet countries, Balazs
reconstructed the history and spirit of Russian reading culture and brings
them into connection.24 Interestingly, the author also establishes a
connection to the Kolhoz (Russian: колхо́з), an early Soviet collective farm
model that was self-governing, community-owned, and a collaborative
enterprise, which he considers to be a major inspiration for the digital
librarians. He also identifies parallels between this Kolhoz model and the
notion of the “commons”—a concept that will be discussed in more detail with
regards to shadow libraries further below.

According to Balazs, these sorts of libraries and collections are part of the
Guerilla Open Access movement (GOA) and thus practical manifestations of Aaron
Swartz’s “Guerilla Open Access Manifesto”.25 In this manifesto the American
hacker and activist pointed out the flaws of open access politics and aimed at
recruiting supporters for the idea of “radical” open access. Radical in this
context means to completely ignore copyright and simply make as much
information available as possible. “Information is power” is how the manifesto
begins. Basically, it addresses the—what he calls—“privileged”, in the sense
that they do have access to information as academic staff or librarians, and
he calls on their support for building a system of freely available
information by using their privilege, downloading and making information
available. Swartz and Elbakyan both have become the “iconic leaders”26 of a
global movement that fights for scientific knowledge to be(come) freely
accessible and whose protagonists usually prefer to operate unrecognized.
While their particular projects may be of a more or less temporary nature, the
discursive value of the work of the “amateur librarians” and their projects
will have a lasting impact on the development of access politics.

_Cultural and Knowledge Commons_

The above discussion illustrates that the phenomenon of shadow libraries
cannot be reduced to its copyright infringing aspects. It needs to be
contextualized within a larger sociopolitical debate that situates the demand
for free and unrestricted access to knowledge within the struggle against the
all-co-opting logic of capital, which currently aims to economize all aspects
of life.

In his analysis of the Russian shadow libraries Balazs has drawn a parallel to
the commons as an alternative mode of ownership and a collective way of
dealing with resources. The growing interest in the discourses around the
commons demonstrates the urgency and timeliness of this concept. The
structural definition of the commons conceived by political economist Massimo
de Angelis allows for its application in diverse fields: “Commons are social
systems in which resources are pooled by a community of people who also govern
these resources to guarantee the latter’s sustainability (if they are natural
resources) and the reproduction of the community. These people engage in
‘commoning,’ that is a form of social labour that bears a direct relation to
the needs of the people, or the commoners”.27 While the model originates in
historical ways of sharing natural resources, it has gained new momentum in
relation to very different resources, thus constituting a third paradigm of
production—beyond state and private—however, with all commoning activities
today still being embedded in the surrounding economic system.

As a reason for the newly aroused interest in the commons, de Angelis provides
the crisis of global capital, which has maneuvered itself into a systemic
impasse. While constantly expanding through its inherent logic of growth and
accumulation, it is the very same logic that destroys the two systems capital
relies on: non-market-shaped social reproduction and the ecological system.
Within this scenario de Angelis describes capital as being in need of the
commons as a “fix” for the most urgent systemic failures: “It needs a ‘commons
fix,’ especially in order to deal with the devastation of the social fabric as
a result of the current crisis of reproduction. Since neoliberalism is not
about to give up its management of the world, it will most likely have to ask
the commons to help manage the devastation it creates. And this means: if the
commons are not there, capital will have to promote them somehow.”28

This rather surprising entanglement of capital and the commons, however, is
not the only perspective. Commons, at the same time, have the potential to
create “a social basis for alternative ways of articulating social production,
independent from capital and its prerogatives. Indeed, today it is difficult
to conceive emancipation from capital—and achieving new solutions to the
demands of _buen vivir_ , social and ecological justice—without at the same
time organizing on the terrain of commons, the non-commodified systems of
social production. Commons are not just a ‘third way’ beyond state and market
failures; they are a vehicle for emerging communities of struggle to claim
ownership to their own conditions of life and reproduction.”29 It is their
purpose to satisfy people’s basic needs and empower them by providing access
to alternative means of subsistence. In that sense, commons can be understood
as an _experimental zone_ in which participants can learn to negotiate
responsibilities, social relations, and peer-based means of production.

_Art and Commons_

Projects such as UbuWeb, Monoskop,30 aaaaarg,31 Memory of the World,32 and
0xdb33 vary in size, they have different forms of organization and foci, but
they all care for specific cultural goods and make sure these goods remain
widely accessible—be it digital copies of artworks and original documents,
books and other text formats, videos, film, or sound and music. Unlike the
large shadow libraries introduced above, which aim to provide access to
hundreds of thousands, if not millions of mainly academic papers and books,
thus trying to fully cover the world of scholarly and academic works, the
smaller artist-run projects are of different nature. While UbuWeb’s founder,
for instance, also promotes a generally unrestricted access to cultural goods,
his approach with UbuWeb is to build a curated archive with copies of artworks
that he considers to be relevant for his very context.34 The selection is
based on personal assessment and preference and cared for affectionately.
Despite its comprehensiveness, it still can be considered a “personal website”
on which the artist shares things relevant to him. As such, he is in good
company with similar “artist-run shadow libraries”, which all provide a
technical infrastructure with which they share resources, while the resources
are of specific relevance to their providers.

Just like the large pirate libraries, these artistic archiving and library
practices challenge the notion of culture as private property and remind us
that it is not an unquestionable absolute. As Jonathan Lethem contends,
“[culture] rather is a social negotiation, tenuously forged, endlessly
revised, and imperfect in its every incarnation.”35 Shadow libraries, in
general, are symptomatic of the cultural battles and absurdities around access
and copyright within an economic logic that artificially tries to limit the
abundance of digital culture, in which sharing does not mean dividing but
rather multiplying. They have become a cultural force, one that can be
represented in Foucauldian terms, as symptomatic of broader power struggles as
well as systemic failures inherent in the cultural formation. As Marczewska
puts it, “Goldsmith moves away from thinking about models of cultural
production in proprietary terms and toward paradigms of creativity based on a
culture of collecting, organizing, curating, and sharing content.”36 And by
doing so, he produces major contradictions, or rather he allows the already
existing contradictions to come to light. The artistic archives and libraries
are precarious in terms of their legal status, while it is exactly due to
their disregard of copyright that cultural resources could be built that
exceed the relevance of most official archives that are bound to abide the
law. In fact, there are no comparable official resources, which is why the
function of these projects is at least twofold: education and preservation.37

Maybe UbuWeb and the other, smaller or larger, shadow libraries do not qualify
as commons in the strict sense of involving not only a non-market exchange of
goods but also a community of commoners who negotiate the terms of use among
themselves. This would require collective, formalized, and transparent types
of organization. Furthermore, most of the digital items they circulate are
privately owned and therefore cannot simply be transferred to become commons
resources. These projects, in many respects, are in a preliminary stage by
pointing to the _ideal of culture as a commons_. By providing access to
cultural goods and knowledge that would otherwise not be available at all or
inaccessible for large parts of the general public, they might even fulfill
the function of a “commons fix”, to a certain degree, but at the same time
they are the experimental zone needed to unlearn copyright and relearn new
ways of cultural production and dissemination beyond the property regime. In
any case, they can function as perfect entry points for the discussion and
investigation of the transformative force art can have within the current
global neoliberal knowledge society.

_Top Tens—Showcasing the Copy as an Aesthetic and Political Statement_

The exhibition _Top Tens_ provided an experimental setting to explore the
possibilities of translating the abundance of a digital archive into a “real
space”, by presenting one hundred artworks from the Ubu archive. 38 Although
all works were properly attributed in the exhibition, the artists whose works
were shown neither had a say about their participation in the exhibition nor
about the display formats. Tolerating the presence of a work in the archive is
one thing; tolerating its display in such circumstances is something else,
which might even touch upon moral rights and the integrity of the work.
However, the exhibition was not so much about the individual works on display
but the archiving condition they are subject to. So the discussion here has
nothing to do the abiding art theory question of original and copy.
Marginally, it is about the question of high-quality versus low-quality
copies. In reproducible media the value of an artwork cannot be based on its
originality any longer—the core criterion for sales and market value. This is
why many artists use the trick of high-resolution and limited edition, a kind
of distributed originality status for several authorized objects, which all
are not 100 percent original but still a bit more original than an arbitrary
unlimited edition. Leaving this whole discussion aside was a clear indication
that something else was at stake. The conceptual statement made by the
exhibition and its makers foregrounded the nature of the shadow library, which
visitors were able to experience when entering the gallery space. Instead of
viewing the artworks in the usual way—online—they had the opportunity to
physically immerse themselves in the cultural condition of proliferated acts
of copying, something that “affords their reconceptualization as a hybrid
creative-critical tool and an influential aesthetic category.”39

Appropriation and copying as longstanding methods of subversive artistic
production, where the reuse of existing material serves as a tool for
commentary, social critique, and a means of making a political statement, has
expanded here to the art of exhibition-making. The individual works serve to
illustrate a curatorial concept, thus radically shifting the avant-garde
gesture which copying used to be in the twentieth century, to breathe new life
in the “culture of collecting, organizing, curating, and sharing content.”
Organizing this conceptually concise exhibition was a brave and bold statement
by the art institution: The Onassis Cultural Centre, one of Athens’ most
prestigious cultural institutions, dared to adopt a resolutely political
stance for a—at least in juridical terms—questionable project, as Ubu lives
from the persistent denial of copyright. Neglecting the concerns of the
individual authors and artists for a moment was a necessary precondition in
order to make space for rethinking the future of cultural production.

________________
Special thanks to Eric Steinhauer and all the artists and amateur librarians
who are taking care of our cultural memory.

1 Festival program online: Onassis Cultural Centre, “Shadow Libraries: UbuWeb
in Athens,” (accessed on Sept. 30, 2018).
2 _UbuWeb_ is a massive online archive of avant-garde art created over the
last two decades by New York-based artist and writer Kenneth Goldsmith.
Website of the archive: (accessed on Sept. 30, 2018).
3 Kaja Marczewska, _This Is Not a Copy. Writing at the Iterative Turn_ (New
York: Bloomsbury Academic, 2018), 22.
4 For further reading: Kenneth Goldsmith, _Uncreative Writing: Managing
Language in the Digital Age_ (New York: Columbia University Press, 2011).
5 Many works in the archive stem from the pre-digital era, and there is no
precise knowledge of the sources where Ubu obtains its material, but it is
known that Goldsmith also digitizes a lot of material himself.
6 In German copyright law, for example, §17 and §19a grant the exclusive right
to reproduce, distribute, and make available online to the author. See also:
(accessed on Sept. 30,
2018).
7 Eric Steinhauer, “Rechtspflicht zur Amnesie: Digitale Inhalte, Archive und
Urheberrecht,” _iRightsInfo_ (2013), /rechtspflicht-zur-amnesie-digitale-inhalte-archive-und-urheberrecht/18101>
(accessed on Sept. 30, 2018).
8 In particularly severe cases of copyright infringement also state
prosecutors can become active, which in practice, however, remains the
exception. The circumstances in which criminal law must be applied are
described in §109 of German copyright law.
9 See, for example, “Shadow Libraries” for a video interview with Kenneth
Goldsmith.
10 Paul Torremans, _Intellectual Property Law_ (Oxford: Oxford University
Press, 2010), 265.
11 See also §53 para. 1–3 of the German Act on Copyright and Related Rights
(UrhG), §42 para. 4 in the Austrian UrhG, and Article 19 of Swiss Copyright
Law.
12 Simon Stokes, _Art & Copyright_ (Oxford: Hart Publishing, 2003).
13 Steinhauer, “Rechtspflicht zur Amnesie”.
14 This discrepancy between a state mandate for cultural preservation and
copyright law has only been fixed in 2018 with the introduction of a special
law, §16a DNBG.
15 Steinhauer, “Rechtspflicht zur Amnesie”.
16 Bodo Balazs, “The Genesis of Library Genesis: The Birth of a Global
Scholarly Shadow Library,” Nov. 4, 2014, _SSRN_ ,
, (accessed on
Sept. 30, 2018).
17 Motto of Sci-Hub: “Sci-Hub,” _Wikipedia_ , /Sci-Hub> (accessed on Sept. 30, 2018).
18 Guillaume Cabanac, “Bibliogifts in LibGen? A study of a text-sharing
platform driven by biblioleaks and crowdsourcing,” _Journal of the Association
for Information Science and Technology_ , 67, 4 (2016): 874–884.
19 Ibid.
20 The current address is (accessed on Sept. 30, 2018).
21 Kate Murphy, “Should All Research Papers Be Free?” _New York Times Sunday
Review_ , Mar. 12, 2016, /should-all-research-papers-be-free.html> (accessed on Sept. 30, 2018).
22 Richard Van Noorden, “Nature’s 10,” _Nature_ , Dec. 19, 2016,
(accessed on Sept. 30,
2018).
23 Bodo Balazs, “Pirates in the library – an inquiry into the guerilla open
access movement,” paper for the 8th Annual Workshop of the International
Society for the History and Theory of Intellectual Property, CREATe,
University of Glasgow, UK, July 6–8, 2016. Online available at: https
://adrien-chopin.weebly.com/uploads/2/1/7/6/21765614/2016_bodo_-_pirates.pdf
(accessed on Sept. 30, 2018).
24 Balazs, “The Genesis of Library Genesis”.
25 Aaron Swartz, “Guerilla Open Access Manifesto,” _Internet Archive_ , July
2008,

(accessed on Sept. 30, 2018).
26 Balazs, “Pirates in the library”.
27 Massimo De Angelis, “Economy, Capital and the Commons,” in: _Art,
Production and the Subject in the 21st Century_ , eds. Angela Dimitrakaki and
Kirsten Lloyd (Liverpool: Liverpool University Press, 2015), 201.
28 Ibid., 211.
29 Ibid.
30 See: (accessed on Sept. 30, 2018).
31 Accessible with invitation. See:
[https://aaaaarg.fail/](https://aaaaarg.fail) (accessed on Sept. 30, 2018).
32 See: (accessed on Sept. 30, 2018).
33 See: (accessed on Sept. 30, 2018).
34 Kenneth Goldsmith in conversation with Cornelia Sollfrank, _The Poetry of
Archiving_ , 2013, (accessed on Sept. 30, 2018).
35 Jonathan Lethem, _The Ecstasy of Influence: Nonfictions, etc._ (London:
Vintage, 2012), 101.
36 Marczewska, _This Is Not a Copy_ , 2.
37 The research project _Creating Commons_ , based at Zurich University of the
Arts, is dedicated to the potential of art projects for the creation of
commons: “creating commons,” (accessed on
Sept. 30, 2018).
38 One of Ubu’s features online has been the “top ten”, the idea to invite
guests to pick their ten favorite works from the archive and thus introduce a
mix between chance operation and subjectivity in order to reveal hidden
treasures. The curators of the festival in Athens, Ilan Manouach and Kenneth
Goldsmith, decided to elevate this principle to the curatorial concept of the
exhibition and invited ten guests to select their ten favorite works. The
Athens-based curator Elpida Karaba was commissioned to work on an adequate
concept for the realization, which turned out to be a huge black box divided
into ten small cubicles with monitors and seating areas, supplemented by a
large wall projection illuminating the whole space.
39 Marczewska, _This Is Not a Copy_ , 7.

This text is under a _Creative Commons_ license: CC BY NC SA 3.0 Austria

Giorgetta, Nicoletti & Adema
A Conversation on Digital Archiving Practices
2015


# A Conversation on Digital Archiving Practices

A couple of months ago Davide Giorgetta and Valerio Nicoletti (both ISIA
Urbino) did an interview with me for their MA in Design of Publishing. Silvio
Lorusso, was so kind to publish the interview on the fantastic
[p-dpa.net](http://p-dpa.net/a-conversation-on-digital-archiving-practices-
with-janneke-adema/). I am reblogging it here.

* * *

[Davide Giorgetta](http://p-dpa.net/creator/davide-giorgetta/) and [Valerio
Nicoletti](http://p-dpa.net/creator/valerio-nicoletti/) are both students from
[ISIA Urbino](http://www.isiaurbino.net/home/), where they attend the Master
Course in Design for Publishing. They are currently investigating the
independent side of digital archiving practices within the scope of the
publishing world.

As part of their research, they asked some questions to Janneke Adema, who is
Research Fellow in Digital Media at Coventry University, with a PhD in Media
(Coventry University) and a background in History (MA) and Philosophy (MA)
(both University of Groningen) and Book and Digital Media Studies (MA) (Leiden
University). Janneke’s PhD thesis focuses on the future of the scholarly book
in the humanities. She has been conducting research for the
[OAPEN](http://project.oapen.org/index.php/about-oapen) project, and
subsequently the OAPEN foundation, from 2008 until 2013 (including research
for OAPEN-NL and DOAB). Her research for OAPEN focused on user needs and
publishing models concerning Open Access books in the Humanities and Social
Sciences.

**Davide Giorgetta & Valerio Nicoletti: Does a way out from the debate between
publishers and digital independent libraries (Monoskop Log, Ubuweb,
Aaaarg.org) exist, in terms of copyright? An alternative solution able to
solve the issue and to provide equal opportunities to everyone? Would the fear
of publishers of a possible reduction of incomes be legitimized if the access
to their digital publications was open and free?**

Janneke Adema: This is an interesting question, since for many academics this
‘way out’ (at least in so far it concerns scholarly publications) has been
envisioned in or through the open access movement and the use of Creative
Commons licenses. However, the open access movement, a rather plural and
loosely defined group of people, institutions and networks, in its more
moderate instantiations tends to distance itself from piracy and copyright
infringement or copy(far)left practices. Through its use of and favoring of
Creative Commons licenses one could even argue that it has been mainly
concerned with a reform of copyright rather than a radical critique of and
rethinking of the common and the right to copy (Cramer 2013, Hall
2014).1(http://p-dpa.net/a-conversation-on-digital-archiving-practices-
with-janneke-adema/#fn:1 "see footnote") Nonetheless, in its more radical
guises open access can be more closely aligned with the practices associated
with digital pirate libraries such as the ones listed above, for instance
through Aaron Swartz’s notion of [Guerilla Open
Access](https://archive.org/stream/GuerillaOpenAccessManifesto/Goamjuly2008_djvu.txt):

> We need to take information, wherever it is stored, make our copies and
share them with the world. We need to take stuff that’s out of copyright and
add it to the archive. We need to buy secret databases and put them on the
Web. We need to download scientific journals and upload them to file sharing
networks. We need to fight for Guerilla Open Access. (Swartz 2008)

However whatever form or vision of open access you prefer, I do not think it
is a ‘solution’ to any problem—such as copyright/fight—, but I would rather
see it, as I have written
[elsewhere](http://blogs.lse.ac.uk/impactofsocialsciences/2014/11/18
/embracing-messiness-adema-pdsc14/), ‘as an ongoing processual and critical
engagement with changes in the publishing system, in our scholarly
communication practices and in our media and technologies of communication.’
And in this sense open access practices offer us the possibility to critically
reflect upon the politics of knowledge production, including copyright and
piracy, openness and the commons, indeed, even upon the nature of the book
itself.

With respect to the second part of your question, again, where it concerns
scholarly books, [research by Ronald
Snijder](https://scholar.google.com/citations?view_op=view_citation&hl=en&user=PuDczakAAAAJ&citation_for_view=PuDczakAAAAJ:u-x6o8ySG0sC)
shows no decline in sales or income for publishers once they release their
scholarly books in open access. The open availability does however lead to
more discovery and online consultation, meaning that it actually might lead to
more ‘impact’ for scholarly books (Snijder 2010).

**DG, VN: In which way, if any, are digital archiving practices stimulating
new publishing phenomenons? Are there any innovative outcomes, apart the
obvious relation to p.o.d. tools? (or interesting new projects in this
field)**

JA: Beyond extending access, I am mostly interested in how digital archiving
practices have the potential to stimulate the following practices or phenomena
(which in no way are specific to digital archiving or publishing practices, as
they have always been a potential part of print publications too): reuse and
remix; processual research and iterative publishing; and collaborative forms
of knowledge production. These practices interest me mainly as they have the
potential to critique the way the (printed) book has been commodified and
essentialised over the centuries, in a bound, linear and fixed format, a
practice which is currently being replicated in a digital context. Indeed, the
book has been fixed in this way both discursively and through a system of
material production within publishing and academia—which includes our
institutions and practices of scholarly communication—that prefers book
objects as quantifiable and auditable performance indicators and as marketable
commodities and objects of symbolic value exchange. The practices and
phenomena mentioned above, i.e. remix, versioning and collaboration, have the
potential to help us to reimagine the bound nature of the book and to explore
both a spatial and temporal critique of the book as a fixed object; they can
aid us to examine and experiment with various different incisions that can be
made in our scholarship as part of the informal and formal publishing and
communication of our research that goes beyond the final research commodity.
In this sense I am interested in how these specific digital archiving,
research and publishing practices offer us the possibility to imagine a
different, perhaps more ethical humanities, a humanities that is processual,
contingent, unbound and unfinished. How can these practices aid us in how to
cut well in the ongoing unfolding of our research, how can they help us
explore how to make potentially better interventions? How can we take
responsibility as scholars for our entangled becoming with our research and
publications? (Barad 2007, Kember and Zylinska 2012)

Examples that I find interesting in the realm of the humanities in this
respect include projects that experiment with such a critique of our fixed,
print-based practices and institutions in an affirmative way: for example Mark
Amerika’s [remixthebook](http://www.remixthebook.com/) project; Open
Humanities’ [Living Books about Life](http://www.livingbooksaboutlife.org/)
series; projects such as
[Vectors](http://vectors.usc.edu/issues/index.php?issue=7) and
[Scalar](http://scalar.usc.edu/); and collaborative knowledge production,
archiving and creation projects, from wiki-based research projects to AAAARG.

**DG, VN: In which way does a digital container influence its content? Does
the same book — if archived on different platforms, such as _Internet Archive_
, _The Pirate Bay_ , _Monoskop Log_ — still remain the same cultural item?**

JA: In short my answer to this question would be ‘no’. Books are embodied
entities, which are materially established through their specific affordances
in relationship to their production, dissemination, reception and
preservation. This means that the specific materiality of the (digital) book
is partly an outcome of these ongoing processes. Katherine Hayles has argued
in this respect that materiality is an emergent property:

> In this view of materiality, it is not merely an inert collection of
physical properties but a dynamic quality that emerges from the interplay
between the text as a physical artifact, its conceptual content, and the
interpretive activities of readers and writers. Materiality thus cannot be
specified in advance; rather, it occupies a borderland— or better, performs as
connective tissue—joining the physical and mental, the artifact and the user.
(2004: 72)

Similarly, Matthew Kirschenbaum points out that the preservation of digital
objects is:

> _logically inseparable_ from the act of their creation’ (…) ‘The lag between
creation and preservation collapses completely, since a digital object may
only ever be said to be preserved _if_ it is accessible, and each individual
access creates the object anew. One can, in a very literal sense, _never_
access the “same” electronic file twice, since each and every access
constitutes a distinct instance of the file that will be addressed and stored
in a unique location in computer memory. (Kirschenbaum 2013)

Every time we access a digital object, we thus duplicate it, we copy it and we
instantiate it. And this is exactly why, in our strategies of conservation,
every time we access a file we also (re)create these objects anew over and
over again. The agency of the archive, of the software and hardware, are also
apparent here, where archives are themselves ‘active ‘‘archaeologists’’ of
knowledge’ (Ernst 2011: 239) and, as Kirschenbaum puts it, ‘the archive writes
itself’ (2013).

In this sense a book can be seen as an apparatus, consisting of an
entanglement of relationships between, among other things, authors, books, the
outside world, readers, the material production and political economy of book
publishing, its preservation and material instantiations, and the discursive
formation of scholarship. Books as apparatuses are thus reality shaping, they
are performative. This relates to Johanna Drucker’s notion of ‘performative
materiality’, where Drucker argues for an extension of what a book _is_ (i.e.
from a focus on its specific properties and affordances), to what a book
_does_ : ‘Performative materiality suggests that what something _is_ has to be
understood in terms of what it _does_ , how it works within machinic,
systemic, and cultural domains.’ For, as Drucker argues, ‘no matter how
detailed a description of material substrates or systems we have, their use is
performative whether this is a reading by an individual, the processing of
code, the transmission of signals through a system, the viewing of a film,
performance of a play, or a musical work and so on. Material conditions
provide an inscriptional base, a score, a point of departure, a provocation,
from which a work is produced as an event’ (Drucker 2013).

So, to come back to your question, these specific digital platforms (Monoskop,
The Pirate Bay etc.) become integral aspects of the apparatus of the book and
each in their own different way participates in the performance and
instantiation of the books in their archives. Not only does a digital book
therefore differ as a material or cultural object from a printed book, a
digital object also has materially distinct properties related to the platform
on which it is made available. Indeed, building further on the theories
described above, a book is a different object every time it is instantiated or
read, be it by a human or machinic entity; they become part of the apparatus
of the book, a performative apparatus. Therefore, as Silvio Lorusso has
stated:

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

**DG, VN: In your opinion, can scholarly publishing, in particular self-
archiving practices, constitute a bridge covering the gap between authors and
users in terms of access to knowledge? Could we hope that these practices will
find a broader use, moving from very specific fields (academic papers) to book
publishing in general?**

JA: On the one hand, yes. Self-archiving, or the ‘green road’ to open access,
offers a way for academics to make their research available in a preprint form
via open access repositories in a relatively simple and straightforward way,
making it easily accessible to other academics and more general audiences.
However, it can be argued that as a strategy, the green road doesn’t seem to
be very subversive, where it doesn’t actively rethink, re-imagine, or
experiment with the system of scholarly knowledge production in a more
substantial way, including peer-review and the print-based publication forms
this system continues to promote. With its emphasis on achieving universal,
free, online access to research, a rigorous critical exploration of the form
of the book itself doesn’t seem to be a main priority of green open access
activists. Stevan Harnad, one of the main proponents of green open access and
self-archiving has for instance stated that ‘it’s time to stop letting the
best get in the way of the better: Let’s forget about Libre and Gold OA until
we have managed to mandate Green Gratis OA universally’ (Harnad 2012). This is
where the self-archiving strategy in its current implementation falls short I
think with respect to the ‘breaking-down’ of barriers between authors and
users, where it isn’t necessarily committed to following a libre open access
strategy, which, one could argue, would be more open to adopting and promoting
forms of open access that are designed to make material available for others
to (re) use, copy, reproduce, distribute, transmit, translate, modify, remix
and build upon? Surely this would be a more substantial strategy to bridge the
gap between authors and users with respect to the production, dissemination
and consumption of knowledge?

With respect to the second part of your question, could these practices find a
broader use? I am not sure, mainly because of the specific characteristics of
academia and scholarly publishing, where scholars are directly employed and
paid by their institutions for the research work they do. Hence, self-
archiving this work would not directly lead to any or much loss of income for
academics. In other fields, such as literary publishing for example, this
issue of remuneration can become quite urgent however, even though many [free
culture](https://en.wikipedia.org/wiki/Free_culture_movement) activists (such
as Lawrence Lessig and Cory Doctorow) have argued that freely sharing cultural
goods online, or even self-publishing, doesn’t necessarily need to lead to any
loss of income for cultural producers. So in this respect I don’t think we can
lift something like open access self-archiving out of its specific context and
apply it to other contexts all that easily, although we should certainly
experiment with this of course in different domains of digital culture.

**DG, VN: After your answers, we would also receive suggestions from you. Do
you notice any unresolved or raising questions in the contemporary context of
digital archiving practices and their relation to the publishing realm?**

JA: So many :). Just to name a few: the politics of search and filtering
related to information overload; the ethics and politics of publishing in
relationship to when, where, how and why we decide to publish our research,
for what reasons and with what underlying motivations; the continued text- and
object-based focus of our archiving and publishing practices and platforms,
where there is a lack of space to publish and develop more multimodal,
iterative, diagrammatic and speculative forms of scholarship; issues of free
labor and the problem or remuneration of intellectual labor in sharing
economies etc.

**Bibliography**

* Adema, J. (2014) ‘Embracing Messiness’. [17 November 2014] available from [17 November 2014]
* Adema, J. and Hall, G. (2013) ‘The Political Nature of the Book: On Artists’ Books and Radical Open Access’. _New Formations_ 78 (1), 138–156
* Barad, K. (2007) _Meeting the Universe Halfway: Quantum Physics and the Entanglement of Matter and Meaning_. Duke University Press
* Cramer, F. (2013) _Anti-Media: Ephemera on Speculative Arts_. Rotterdam : New York, NY: nai010 publishers
* Drucker, J. (2013) _Performative Materiality and Theoretical Approaches to Interface_. [online] 7 (1). available from [4 April 2014]
* Ernst, W. (2011) ‘Media Archaeography: Method and Machine versus History and Narrative of Media’. in _Media Archaeology: Approaches, Applications, and Implications_. ed. by Huhtamo, E. and Parikka, J. University of California Press
* Hall, G. (2014) ‘Copyfight’. in _Critical Keywords for the Digital Humanities_ , [online] Lueneburg: Centre for Digital Cultures (CDC). available from [5 December 2014]
* Harnad, S. (2012) ‘Open Access: Gratis and Libre’. [3 May 2012] available from [4 March 2014]
* Hayles, N.K. (2004) ‘Print Is Flat, Code Is Deep: The Importance of Media-Specific Analysis’. _Poetics Today_ 25 (1), 67–90
* Kember, S. and Zylinska, J. (2012) _Life After New Media: Mediation as a Vital Process_. MIT Press
* Kirschenbaum, M. (2013) ‘The .txtual Condition: Digital Humanities, Born-Digital Archives, and the Future Literary’. _DHQ: Digital Humanities Quarterly_ [online] 7 (1). available from [20 July 2014]
* Lorusso, S. (2014) _The Post-Digital Publishing Archive: An Inventory of Speculative Strategies_. in ‘The Aesthetics of the Humanities: Towards a Poetic Knowledge Production’ [online] held 11 June 2014 at Coventry University. available from [31 May 2015]
* Snijder, R. (2010) ‘The Profits of Free Books: An Experiment to Measure the Impact of Open Access Publishing’. _Learned Publishing_ 23 (4), 293–301
* Swartz, A. (2008) _Guerilla Open Access Manifesto_ [online] available from [31 May 2015]


 

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