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]


Dockray
Interface Access Loss
2013


Interface Access Loss

I want to begin this talk at the end -- by which I mean the end of property - at least according to
the cyber-utopian account of things, where digital file sharing and online communication liberate
culture from corporations and their drive for profit. This is just one of the promised forms of
emancipation -- property, in a sense, was undone. People, on a massive scale, used their
computers and their internet connections to share digitized versions of their objects with each
other, quickly producing a different, common form of ownership. The crisis that this provoked is
well-known -- it could be described in one word: Napster. What is less recognized - because it is
still very much in process - is the subsequent undoing of property, of both the private and common
kind. What follows is one story of "the cloud" -- the post-dot-com bubble techno-super-entity -which sucks up property, labor, and free time.

Object, Interface

It's debated whether the growing automation of production leads to global structural
unemployment or not -- Karl Marx wrote that "the self-expansion of capital by means of machinery
is thenceforward directly proportional to the number of the workpeople, whose means of
livelihood have been destroyed by that machinery" - but the promise is, of course, that when
robots do the work, we humans are free to be creative. Karl Kautsky predicted that increasing
automation would actually lead, not to a mass surplus population or widespread creativity, but
something much more mundane: the growth of clerks and bookkeepers, and the expansion of
unproductive sectors like "the banking system, the credit system, insurance empires and
advertising."

Marx was analyzing the number of people employed by some of the new industries in the middle
of the 19th century: "gas-works, telegraphy, photography, steam navigation, and railways." The
facts were that these industries were incredibly important, expansive and growing, highly
mechanized.. and employed a very small number of people. It is difficult not to read his study of
these technologies of connection and communication - against the background of our present
moment, in which the rise of the Internet has been accompanied by the deindustrialization of
cities, increased migrant and mobile labor, and jobs made obsolete by computation.

There are obvious examples of the impact of computation on the workplace: at factories and
distribution centers, robots engineered with computer-vision can replace a handful of workers,
with a savings of millions of dollars per robot over the life of the system. And there are less
apparent examples as well, like algorithms determining when and where to hire people and for
how long, according to fluctuating conditions.
Both examples have parallels within computer programming, namely reuse and garbage
collection. Code reuse refers to the practice of writing software in such a way that the code can be
used again later, in another program, to perform the same task. It is considered wasteful to give the
same time, attention, and energy to a function, because the development environment is not an
assembly line - a programmer shouldn't repeat. Such repetition then gives way to copy-andpasting (or merely calling). The analogy here is to the robot, to the replacement of human labor
with technology.

Now, when a program is in the midst of being executed, the computer's memory fills with data -but some of that is obsolete, no longer necessary for that program to run. If left alone, the memory
would become clogged, the program would crash, the computer might crash. It is the role of the
garbage collector to free up memory, deleting what is no longer in use. And here, I'm making the
analogy with flexible labor, workers being made redundant, and so on.

In Object-Oriented Programming, a programmer designs the software that she is writing around
“objects,” where each object is conceptually divided into “public” and “private” parts. The public
parts are accessible to other objects, but the private ones are hidden to the world outside the
boundaries of that object. It's a “black box” - a thing that can be known through its inputs and
outputs - even in total ignorance of its internal mechanisms. What difference does it make if the
code is written in one way versus an other .. if it behaves the same? As William James wrote, “If no
practical difference whatever can be traced, then the alternatives mean practically the same thing,
and all dispute is idle.”

By merely having a public interface, an object is already a social entity. It makes no sense to even
provide access to the outside if there are no potential objects with which to interact! So to

understand the object-oriented program, we must scale up - not by increasing the size or
complexity of the object, but instead by increasing the number and types of objects such that their
relations become more dense. The result is an intricate machine with an on and an off state, rather
than a beginning and an end. Its parts are interchangeable -- provided that they reliably produce
the same behavior, the same inputs and outputs. Furthermore, this machine can be modified:
objects can be added and removed, changing but not destroying the machine; and it might be,
using Gerald Raunig’s appropriate term, “concatenated” with other machines.

Inevitably, this paradigm for describing the relationship between software objects spread outwards,
subsuming more of the universe outside of the immediate code. External programs, powerful
computers, banking institutions, people, and satellites have all been “encapsulated” and
“abstracted” into objects with inputs and outputs. Is this a conceptual reduction of the richness
and complexity of reality? Yes, but only partially. It is also a real description of how people,
institutions, software, and things are being brought into relationship with one another according to
the demands of networked computation.. and the expanding field of objects are exactly those
entities integrated into such a network.

Consider a simple example of decentralized file-sharing: its diagram might represent an objectoriented piece of software, but here each object is a person-computer, shown in potential relation
to every other person-computer. Files might be sent or received at any point in this machine,
which seems particularly oriented towards circulation and movement. Much remains private, but a
collection of files from every person is made public and opened up to the network. Taken as a
whole, the entire collection of all files - which on the one hand exceeds the storage capacity of
any one person’s technical hardware, is on the other hand entirely available to every personcomputer. If the files were books.. then this collective collection would be a public library.

In order for a system like this to work, for the inputs and the outputs to actually engage with one
another to produce action or transmit data, there needs to be something in place already to enable
meaningful couplings. Before there is any interaction or any relationship, there must be some
common ground in place that allows heterogenous objects to ‘talk to each other’ (to use a phrase
from the business casual language of the Californian Ideology). The term used for such a common
ground - especially on the Internet - is platform, a word for that which enables and anticipates

future action without directly producing it. A platform provides tools and resources to the objects
that run “on top” of the platform so that those objects don't need to have their own tools and
resources. In this sense, the platform offers itself as a way for objects to externalize (and reuse)
labor. Communication between objects is one of the most significant actions that a platform can
provide, but it requires that the objects conform some amount of their inputs and outputs to the
specifications dictated by the platform.

But haven’t I only introduced another coupling, instead of between two objects, this time between
the object and the platform? What I'm talking about with "couplings" is the meeting point between
things - in other words, an “interface.” In the terms of OOP, the interface is an abstraction that
defines what kinds of interaction are possible with an object. It maps out the public face of the
object in a way that is legible and accessible to other objects. Similarly, computer interfaces like
screens and keyboards are designed to meet with human interfaces like fingers and eyes, allowing
for a specific form of interaction between person and machine. Any coupling between objects
passes through some interface and every interface obscures as much as it reveals - it establishes
the boundary between what is public and what is private, what is visible and what is not. The
dominant aesthetic values of user interface design actually privilege such concealment as “good
design,” appealing to principles of simplicity, cleanliness, and clarity.
Cloud, Access

One practical outcome of this has been that there can be tectonic shifts behind the interface where entire systems are restructured or revolutionized - without any interruption, as long as the
interface itself remains essentially unchanged. In Pragmatism’s terms, a successful interface keeps
any difference (in back) from making a difference (in front). Using books again as an example: for
consumers to become accustomed to the initial discomfort of purchasing a product online instead
of from a shop, the interface needs to make it so that “buying a book” is something that could be
interchangeably accomplished either by a traditional bookstore or the online "marketplace"
equivalent. But behind the interface is Amazon, which through low prices and wide selection is
the most visible platform for buying books and uses that position to push retailers and publishers
both to, at best, the bare minimum of profitability.

In addition to selling things to people and collecting data about its users (what they look at and
what they buy) to personalize product recommendations, Amazon has also made an effort to be a
platform for the technical and logistical parts of other retailers. Ultimately collecting data from
them as well, Amazon realizes a competitive advantage from having a comprehensive, up-to-theminute perspective on market trends and inventories. This volume of data is so vast and valuable
that warehouses packed with computers are constructed to store it, protect it, and make it readily
available to algorithms. Data centers, such as these, organize how commodities circulate (they run
business applications, store data about retail, manage fulfillment) but also - increasingly - they
hold the commodity itself - for example, the book. Digital book sales started the millennium very
slowly but by 2010 had overtaken hardcover sales.

Amazon’s store of digital books (or Apple’s or Google’s, for that matter) is a distorted reflection of
the collection circulating within the file-sharing network, displaced from personal computers to
corporate data centers. Here are two regimes of digital property: the swarm and the cloud. For
swarms (a reference to swarm downloading where a single file can be downloaded in parallel
from multiple sources) property is held in common between peers -- however, property is
positioned out of reach, on the cloud, accessible only through an interface that has absorbed legal
and business requirements.

It's just half of the story, however, to associate the cloud with mammoth data centers; the other
half is to be found in our hands and laps. Thin computing, including tablets and e-readers, iPads
and Kindles, and mobile phones have co-evolved with data centers, offering powerful, lightweight
computing precisely because so much processing and storage has been externalized.

In this technical configuration of the cloud, the thin computer and the fat data center meet through
an interface, inevitably clean and simple, that manages access to the remote resources. Typically,
a person needs to agree to certain “terms of service,” have a unique, measurable account, and
provide payment information; in return, access is granted. This access is not ownership in the
conventional sense of a book, or even the digital sense of a file, but rather a license that gives the
person a “non-exclusive right to keep a permanent copy… solely for your personal and noncommercial use,” contradicting the First Sale Doctrine, which gives the “owner” the right to sell,
lease, or rent their copy to anyone they choose at any price they choose. The doctrine,

established within America's legal system in 1908, separated the rights of reproduction, from
distribution, as a way to "exhaust" the copyright holder's control over the commodities that people
purchased.. legitimizing institutions like used book stores and public libraries. Computer software
famously attempted to bypass the First Sale Doctrine with its "shrink wrap" licenses that restricted
the rights of the buyer once she broke through the plastic packaging to open the product. This
practice has only evolved and become ubiquitous over the last three decades as software began
being distributed digitally through networks rather than as physical objects in stores. Such
contradictions are symptoms of the shift in property regimes, or what Jeremy Rifkin called “the age
of access.” He writes that “property continues to exist but is far less likely to be exchanged in
markets. Instead, suppliers hold on to property in the new economy and lease, rent, or charge an
admission fee, subscription, or membership dues for its short-term use.”

Thinking again of books, Rifkin’s description gives the image of a paid library emerging as the
synthesis of the public library and the marketplace for commodity exchange. Considering how, on
the one side, traditional public libraries are having their collections deaccessioned, hours of
operation cut, and are in some cases being closed down entirely, and on the other side, the
traditional publishing industry finds its stores, books, and profits dematerialized, the image is
perhaps appropriate. Server racks, in photographs inside data centers, strike an eerie resemblance
to library stacks - - while e-readers are consciously designed to look and feel something like a
book. Yet, when one peers down into the screen of the device, one sees both the book - and the
library.

Like a Facebook account, which must uniquely correspond to a real person, the e-reader is an
individualizing device. It is the object that establishes trusted access with books stored in the cloud
and ensures that each and every person purchases their own rights to read each book. The only
transfer that is allowed is of the device itself, which is the thing that a person actually does own.
But even then, such an act must be reported back to the cloud: the hardware needs to be deregistered and then re-registered with credit card and authentication details about the new owner.

This is no library - or it's only a library in the most impoverished sense of the word. It is a new
enclosure, and it is a familiar story: things in the world (from letters, to photographs, to albums, to
books) are digitized (as emails, JPEGs, MP3s, and PDFs) and subsequently migrate to a remote

location or service (Gmail, Facebook, iTunes, Kindle Store). The middle phase is the biggest
disruption, when the interface does the poorest job concealing the material transformations taking
place, when the work involved in creating those transformations is most apparent, often because
the person themselves is deeply involved in the process (of ripping vinyl, for instance). In the third
phase, the user interface becomes easier, more “frictionless,” and what appears to be just another
application or folder on one’s computer is an engorged, property-and-energy-hungry warehouse a
thousand miles away.

Capture, Loss

Intellectual property's enclosure is easy enough to imagine in warehouses of remote, secure hard
drives. But the cloud internalizes processing as well as storage, capturing the new forms of cooperation and collaboration characterizing the new economy and its immaterial labor. Social
relations are transmuted into database relations on the "social web," which absorbs selforganization as well. Because of this, the cloud impacts as strongly on the production of
publications, as on their consumption, in the tradition sense.

Storage, applications, and services offered in the cloud are marketed for consumption by authors
and publishers alike. Document editing, project management, and accounting are peeled slowly
away from the office staff and personal computers into the data centers; interfaces are established
into various publication channels from print on demand to digital book platforms. In the fully
realized vision of cloud publishing, the entire technical and logistical apparatus is externalized,
leaving only the human labor.. and their thin devices remaining. Little distinguishes the authorobject from the editor-object from the reader-object. All of them.. maintain their position in the
network by paying for lightweight computers and their updates, cloud services, and broadband
internet connections.
On the production side of the book, the promise of the cloud is a recovery of the profits “lost” to
file-sharing, as all that exchange is disciplined, standardized and measured. Consumers are finally
promised the access to the history of human knowledge that they had already improvised by
themselves, but now without the omnipresent threat of legal prosecution. One has the sneaking
suspicion though.. that such a compromise is as hollow.. as the promises to a desperate city of the

jobs that will be created in a new constructed data center - - and that pitting “food on the table”
against “access to knowledge” is both a distraction from and a legitimation of the forms of power
emerging in the cloud. It's a distraction because it's by policing access to knowledge that the
middle-man platform can extract value from publication, both on the writing and reading sides of
the book; and it's a legitimation because the platform poses itself as the only entity that can resolve
the contradiction between the two sides.

When the platform recedes behind the interface, these two sides are the the most visible
antagonism - in a tug-of-war with each other - - yet neither the “producers” nor the “consumers” of
publications are becoming more wealthy, or working less to survive. If we turn the picture
sideways, however, a new contradiction emerges, between the indebted, living labor - of authors,
editors, translators, and readers - on one side, and on the other.. data centers, semiconductors,
mobile technology, expropriated software, power companies, and intellectual property.
The talk in the data center industry of the “industrialization” of the cloud refers to the scientific
approach to improving design, efficiency, and performance. But the term also recalls the basic
narrative of the Industrial Revolution: the movement from home-based manufacturing by hand to
large-scale production in factories. As desktop computers pass into obsolescence, we shift from a
networked, but small-scale, relationship to computation (think of “home publishing”) to a
reorganized form of production that puts the accumulated energy of millions to work through
these cloud companies and their modernized data centers.

What kind of buildings are these blank superstructures? Factories for the 21st century? An engineer
named Ken Patchett described the Facebook data center that way in a television interview, “This is
a factory. It’s just a different kind of factory than you might be used to.” Those factories that we’re
“used to,” continue to exist (at Foxconn, for instance) producing the infrastructure, under
recognizably exploitative conditions, for a “different kind of factory,” - a factory that extends far
beyond the walls of the data center.

But the idea of the factory is only part of the picture - this building is also a mine.. and the
dispersed workforce devote most of their waking hours to mining-in-reverse, packing it full of data,
under the expectation that someone - soon - will figure out how to pull out something valuable.

Both metaphors rely on the image of a mass of workers (dispersed as it may be) and leave a darker
and more difficult possibility: the data center is like the hydroelectric plant, damming up property,
sociality, creativity and knowledge, while engineers and financiers look for the algorithms to
release the accumulated cultural and social resources on demand, as profit.

This returns us to the interface, site of the struggles over the management and control of access to
property and infrastructure. Previously, these struggles were situated within the computer-object
and the implied freedom provided by its computation, storage, and possibilities for connection
with others. Now, however, the eviscerated device is more interface than object, and it is exactly
here at the interface that the new technological enclosures have taken form (for example, see
Apple's iOS products, Google's search box, and Amazon's "marketplace"). Control over the
interface is guaranteed by control over the entire techno-business stack: the distributed hardware
devices, centralized data centers, and the software that mediates the space between. Every major
technology corporation must now operate on all levels to protect against any loss.

There is a centripetal force to the cloud and this essay has been written in its irresistible pull. In
spite of the sheer mass of capital that is organized to produce this gravity and the seeming
insurmountability of it all, there is no chance that the system will absolutely manage and control
the noise within it. Riots break out on the factory floor; algorithmic trading wreaks havoc on the
stock market in an instant; data centers go offline; 100 million Facebook accounts are discovered
to be fake; the list will go on. These cracks in the interface don't point to any possible future, or
any desirable one, but they do draw attention to openings that might circumvent the logic of
access.

"What happens from there is another question." This is where I left things off in the text when I
finished it a year ago. It's a disappointing ending: we just have to invent ways of occupying the
destruction, violence and collapse that emerge out of economic inequality, global warming,
dismantled social welfare, and so on. And there's not much that's happened since then to make us
very optimistic - maybe here I only have to mention the NSA. But as I began with an ending, I
really should end at a beginning.
I think we were obliged to adopt a negative, critical position in response the cyber-utopianism of

the last almost 20 years, whether in its naive or cynical forms. We had to identify and theorize the
darker side of things. But it can become habitual, and when the dark side materializes, as it has
over the past few years - so that everyone knows the truth - then the obligation flips around,
doesn't it? To break out of habitual criticism as the tacit, defeated acceptance of what is. But, what
could be? Where do we find new political imaginaries? Not to ask what is the bright side, or what
can we do to cope, but what are the genuinely emancipatory possibilities that are somehow still
latent, buried under the present - or emerging within those ruptures in it? - - - I can't make it all
the way to a happy ending, to a happy beginning, but at least it's a beginning and not the end.

 

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