Figure 1: Article titles obscuring citation network topography. Image by Denis
Y Tenen.
**In the framework of the[Authorship](http://www.akademie-
solitude.de/en/events/~no3764/) project, Akademie Schloss Solitude together
with former and current fellows initiated a debate on the status of the author
in the 21st century as well as closely related questions on the copyright
system. The event »[Custodians.online – The Struggle over the Future of
›Pirate‹ Libraries and Universal Access to Knowledge](http://www.akademie-
solitude.de/en/events/custodiansonline-the-struggle-over-the-future-of-pirate-
libraries-and-universal-access-to-knowledge~no3779/)« was part of the debate
by which the Akademie offers its fellows to articulate diverse and already
long existing positions regarding this topic. In this article, published in
the special online-issue on _[Authorship](http://schloss-
post.com/category/issues/authorship/), _ Dennis Yi Tenen, PiracyLab/Columbia
University, New York, reports his personal experiences from the
»[Custodians.online](http://custodians.online/)« discussion. Edited by
Rosemary Grennan, MayDay Rooms, London/UK.**
I am on my way to the Free Library Congress at Akademie Schloss Solitude, in
Stuttgart. The event is not really called the »Free Library Congress,« but
that is what I imagine it to be. It will be a meeting about the growing
conflict between those who assert their intellectual property rights and those
who assert their right to access information freely.
Working at a North American university, it is easy to forget that most people
in the United States and abroad lack affordable access to published
information – books, medical research, science, and law. Outside of a
university subscription, reading a single academic article may cost upwards of
several hundred dollars. The pricing structure precludes any meaningful idea
of independent research.
Imagine yourself a physician or a young scientist somewhere in the global
south, or in Eastern Europe, or anywhere really without a good library and
without the means to pay exorbitant subscription prices demanded by the
distributors. How will you keep current in your field? How are you to do right
for your patients in following the latest treatment protocols? What about
citizen science or simply due diligence on the part of patients, litigants, or
primary school students in search for reputable sources? Wherever library
budgets do not soar into the millions, research involves building archives
that exist outside of the intellectual property regime. It involves the
organizational effort required to collect, sort, and share information widely.
A number of prominent sites and communities emerged in the past decade in an
attempt to address the global imbalance of access to information. Among them,
Sci-Hub. [1] Founded by Alexandra Elbakyan, a young neuroscientist from
Kazakhstan, the site makes close to 50 million scientific articles available
for download. Elbakyan describes the mission of her library as »removing all
barriers that impede the widest possible distribution of knowledge in human
society.« Compare this with Google’s mission »to organize the world’s
information and make it universally accessible and useful.« [2] The two
visions are not so different. Sci-Hub violates intellectual property law in
many jurisdictions, including the United States. Elsevier, one of the world’s
largest scientific publishers, has filed a complaint against Sci-Hub in New
York Southern District Court. [3] Of course, Google also continually finds
itself at odds with intellectual property holders. The very logic of
collecting and organizing human knowledge is, fundamentally, a public works
project at odds with the idea of private intellectual property.
Addressing the judge directly in her defense, Elbakyan appeals to universal
ethical principles, like those enshrined in Article 27 of the United Nations
Declaration of Human Rights, which holds that: »Everyone has the right to
freely participate in the cultural life of the community, to enjoy the arts
and to share in scientific advancement and its benefits.« [4] [5] Her
language – our language – evokes also the »unquiet« history of the public
library. [6] I call this small, scrappy group of artists, academics,
librarians, and technologists »free« to evoke the history of »free and public«
libraries and to appeal also to the intellectual legacy of the free software
movement: as Richard Stallman famously put it »free as in free speech not as
in free beer.« [7]
The word »piracy« is also often used to describe the online free library
world. For some it carries an unwelcome connotation. In most cases, the
maintenance of large online archives is a drain on resources, not
profiteering. It resembles much more the work of a librarian than that of a
corsair. Nevertheless, many in the community actually embrace a few of the
political implications that come with the idea of piracy. Piracy, in that
sense, appeals to ideas and strategies similar to those of the Occupy
Movement. When public resources are unjustly appropriated and when such
systematic appropriation is subsequently defended through the use of law and
force, the only available response is counter occupation.
The agenda notes introducing the event calls for a »solidarity platform« in
support of free online public libraries like Sci-Hub and Library Genesis,
which increasingly find themselves in legal peril. I do not yet know what the
organizers have in mind, but my own thoughts in preparation for the day’s
activities revolve around the following few premises:
1\. The case for universal and free access to knowledge is stronger when it is
made on ethical, technological, and **tactical** grounds, not just legal.
The cost of sharing and reproduction in the digital world are too low to
sustain practices and institutions built on the assumptions of print. The
attempt to re-introduce »stickiness« to electronic documents artificially
through digital rights management technology and associated legislation like
the Digital Millennium Copyright Act are doomed to fail. Information does not
(and cannot) »want« to be free, [8] but it definitely has lost some of its
purchase on the medium when words moved from vellum to magnetic charge and
subsequently to solid storage medium that – I kid you not – works through
mechanisms like quantum tunneling and electron avalanche injection.
2\. Any proposed action will require the close **alignment of interests**
between authors, publishers, readers, and librarians.
For our institutions to catch up to the changing material conditions *and* our
(hopefully not so rapidly changing) sense of what’s right and wrong in the
world, writers, readers, publishers, and archivists need to coordinate their
action. We are a community. And I think we want more or less the same thing:
to reach an audience, to find and share information, and to remain a vital
intellectual force. The real battle for the hearts and minds of an informed
public lies elsewhere. Massive forces of capital and centralization threaten
the very existence of a public commons. To survive, we need to nurture a
conversation across organizational boundaries.
By my calculations, Library Genesis, one of the most influential free online
book libraries sustains itself on a budget of several thousand dollars per
year. [9] The maintenance of Sci-Hub requires a bit more to reach millions of
readers. [10] How do pirate libraries achieve so much with so little? The
fact that these libraries do not pay exorbitant license fees can only comprise
a small part of the answer. The larger part includes their ability to rely on
the support of the community, in what I have called elsewhere »peer
preservation.« Why can’t readers and writers contribute to the development of
infrastructures within their own institutions? Why are libraries so reliant on
outside vendors, who take most of the profits out of our ecosystem?
I am conflicted about leaving booksellers out of the equation. In response
about my question about booksellers – do they help or hinder project of
universal access? – [Marcell Mars](https://www.memoryoftheworld.org/nenad-
romic-aka-marcell-mars/) spoke about »a nostalgia for capitalism we used to
know.« [Tomislav Medak](https://www.memoryoftheworld.org/tomislav-medak/)
spoke in defense of small book publishers that produce beautiful objects. But
the largest of booksellers are no longer strictly in the business of selling
books. They build cloud infrastructures, they sell online services to the
military, build autonomous drones, and much much more. The project of
corporate growth just may be incompatible with the project to provide free and
universal access to information.
3\. Libraries and publishing conclude a **long chain of literary production**.
Whatever ails the free library must be also addressed at the source of
authorship.
Much of the world’s knowledge is locked behind paywalls. Such closed systems
at the point of distribution reflect labor practices that also rely on closed
and proprietary tools. Inequities of access mirror inequities of production.
Techniques of writing are furthermore impoverished when writers are not free
to modify their instruments. This means that as we support free libraries we
must also convince our peers to write using software that can be freely
modified, hacked, personalized, and extended. Documents written in that way
have a better chance of ending up in open archives.
4\. We need **more empirical evidence** about the impact of media piracy.
The political and economic response to piracy is often guided by fear and
speculation. The work of researchers like [Bodo
Balazs](http://www.warsystems.hu/) is beginning to connect the business of
selling books with the practices of reading them. [11] Balazs makes a
powerful argument, holding that the flourishing of shadow media markets
indicates a failure in legitimate markets. Research suggests that piracy does
not decrease, it increases sales, particularly in places which are not well-
served by traditional publishers and distributors. A more complete, »thick
description« of global media practice requires more research, both qualitative
and quantitative.
5\. **Multiplicity is key**.
As everyone arrives and the conversation begins in earnest, several
participants remark on the notable absences around the table. North America,
Eastern and Western Europe are overrepresented. I remind the group that we
travel widely and in good company of artists, scholars, activists, and
philosophers who would stand in support of what [Antonia
Majaca](http://izk.tugraz.at/people/faculty-staff/visiting-professor-antonia-
majaca/) has called (after Walter Mignolo) »epistemic disobedience« and who
need to be invited to this table. [12] I speak up to say, along with [Femke
Snelting](http://snelting.domainepublic.net/) and [Ted
Byfield](http://nettime.org/), that whatever is meant by »universal« access to
knowledge must include a multiplicity of voices – not **the** universal but a
tangled network of universalisms – international, planetary, intergalactic.
1. Jump Up
2. Jump Up [https://www.google.com/about/company/>](https://www.google.com/about/company/>)
3. Jump Up
4. Jump Up
5. Jump Up
6. Jump Up In reference to Battles, Matthew. _Library: An Unquiet History._ New York: Norton, 2003.
7. Jump Up
8. Jump Up Doctorow, Cory, Neil Gaiman, and Amanda Palmer. _Information Doesn’t Want to Be Free: Laws for the Internet Age_. San Francisco: McSweeney’s, 2014.
9. Jump Up
10. Jump Up
11. Jump Up See for example Bodo, B. 2015. [Eastern Europeans in the pirate library] – _Visegrad Insight_ 7 1.
12. Jump Up
[Dennis Yi Tenen](https://schloss-post.com/person/dennis-yi-tenen/), New
York/USA
[Dennis Yi Tenen](http://denten.plaintext.in/) is an assistant professor of
English and Comparative Literature at Columbia University. He is the author of
the forthcoming »Plain Text: The Poetics of Human-Computer Interaction«.
Sollfrank & Goldsmith
The Poetry of Archiving
2013
Kenneth Goldsmith
The Poetry of Archiving
Berlin, 1 February 2013
[00:12]
Kenneth Goldsmith: The type of writing I do is exactly the same thing that I
do on UbuWeb. And that’s the idea that nothing new needs to be written or
created. In fact, it's the archiving and the gathering and the appropriation
of preexisting materials, that is the new mode of both writing and archiving.
[00:35] So you have a system where writing and archiving have become the
identical situation today.
[00:43]
UbuWeb
[00:47]
It started in 1996, and it began as a site for visual and concrete poetry,
which was a mid-century genre of typographical poetry. I got a scanner, and I
scanned a concrete poem. And I put it up on Ubu, and on those days the images
used to come in as interlaced GIFs, every other line filling in. So really it
was an incredible thing to watch this poem kind of grow organically. [1:21]
And it looked exactly like concrete poetry had always wanted to look – a
little bit of typographical movement. [1:27] And I thought, this is perfect.
And also, because concrete poetry is so flat and modernist, when it was
illuminated from the back by the computer screen it looked beautiful and
graphic and flat and clean. [1:40] And suddenly it was like: this is the
perfect medium for concrete poetry. Which, I do worry still, is very much a
part of Ubu. [1:50] And then, a few years later real audio came, and I began
to put up sound poetry, you know, little sound files of sound poetry. So you
could look at the concrete poetry and listen to the sound poetry. [2:07] And a
few years later we had a little bit more bandwidth, and we began to put on
videos. So this is the way the site grew. [2:16] But also what happened on Ubu
was an odd thing. Because it was concrete poetry, so I put up the poems of
John Cage – the concrete mesostics of John Cage. And then I got a little bit
of sound of John Cage reading some of these things, and suddenly it was Cage
reading a mesostic with an orchestra behind him. [2:40] And I said, wait a
minute, this no longer sound poetry, this is something else. And I thought,
what is this? And I said, ah, this is avant-garde.
[2:50] And so from there, because of Cage and Cage's practice, the whole thing
became a repository and archive for the avant-garde, which it is today. So
that's how it moved from being specifically concrete poetry in 1996, to today
being all avant-garde.
[3:09]
Avantgarde
[3:15]
[3:30] And then something happened in the digital, where it seemed to... All
of that fell off. Because we already knew that. [3:42] So it was an orphan
term. It became detached from its nefarious pre-digital context. And it was an
open term. [3:51] I was like, we can actually use this term again, avant-
garde, and redefine it as a way of, you know, multi-media, impurity,
difference, all sorts of ways that it was never allowed to be used before. So
I've actually inhabited this term, and repurposed it. [4:15] So I don't really
know what avant-garde is, it's always changing. And UbuWeb is an archive that
is not pure avant-garde. You look at it and say, no, things are wrong there.
There's rock musicians, and there's performance artists, and there's
novelists. [4:33] I mean, it doesn't quite look like the avant-garde looked
before the digital. But then, everything looks different after the digital.
[4:41]
Selection / curation
[4:46]
I don't know anything. I am a poet. I'm not a historian, I'm not an academic.
I don't know anything, I've just got a sense: that might be interesting, that
sort of feels avant-garde. I mean, it is ridiculous, it's terrible: I am the
wrong person to do this. But, you know, nobody stopped me, and so I've been
doing it. You know, anybody can do it. [5:11] It's very hard to have something
on Ubu, and that's why it's so good. That's why it's not archive-type of work,
where everything can go, and there're good things there, but there is no one
working as a gatekeeper to say, actually this is better than that. [5:26] And
I think one of the problems with net culture, or the web culture, is that
we've decided to suspend judgment. We can't say that one thing is better than
another thing, because everything is equal. There's a part of me that really
likes that idea, and it creates fabulous chaos. But I think it is a sort of a
curatorial job to go in and make sense of some of that chaos. In a very small
way, that's what I try to do on UbuWeb. [5:52] You know, it's the avant-garde,
it's not a big project. It's a rather small slice of culture that one can have
a point of view. I'm not saying that's right. It's probably very wrong. But
nobody else it's doing it, so I figured, you know… [6:12] But by virtue of the
fact that there's only one UbuWeb, it's become institutional. And the reason
that there is only one UbuWeb is that UbuWeb ignores copyright. And everybody
else, of course, is afraid of copyright. There should be hundreds of UbuWebs.
It is ridiculous that there's only one. But everybody else is afraid of
copyright, so that nobody would put anything on. [6:41] We just act like
copyright doesn't exist. Copyright, what's that? Never heard of it.
[6:48]
Contents
[5:52]
I think that these artifacts that are on UbuWeb are very valuable historically
and culturally, they are very significant. But economically, I don't think
they had that type of value. And I love small labels that try to put these
things out. But they inevitably loose money by trying to put these things out.
So when somebody does put something out, sometimes things on Ubu get released
from a small label, and I take them off the site, because I want to support
those things. [7:28] But it's hard, and people are not doing it for the money.
Nobody ever got into sound poetry or orchestral avant-garde music for the
money. [7:37] So it's kind of a weird lovely grey area that we've been able to
explore, a utopia, really, that we've been able to enact. Simply because the
economics are so sketchy.
[7:55]
Copyright
[7:59]
I am not free of fear, but I've learned over 17 years, to actually have a very
good understanding of copyright. And I have a very good understating of the
way that copyright works. So I can anticipate things. I can usually negotiate
something with somebody who, you know… [8:26] There's so many stories when
copyright is being used as a battering tool. It's not real. I had one instance
when a very powerful literary agency in New York… I received a cease and
desist DMCA Takedown, which I require a proper takedown. It was for William S.
Burroughs, and the list went on for pages and pages and pages. And then, at
the end, it says, "Under the threat of perjury, I state these facts to be
true," signed such and such person. [9:05] Now, what they did, they went into
UbuWeb and they put the words "William S. Burroughs," and they came up with
every instance of William S. Burroughs. If William S. Burroughs is mentioned
in an academic paper: that's our copyright. Nick Currie Momus wrote a song "I
Love You William S. Burroughs.” Now, Nick gave UbuWeb all of his songs. I know
that Nick owns the copyright to that. [9:30] I said, you know, it's
ridiculous! And even the things that they were claiming… It was the most
ridiculous thing. [9:37] So I wrote them back. I said: Look, I get what you're
trying to do here, but you're really going about it the wrong way. It's very
irresponsible just putting his name in the search engine, cutting and pasting,
and damn you own the copyright. You don't own the copyright to almost any of
that! And as a matter of fact, under law you perjured yourself. And I can came
right back and sue you, because this is a complete lie. But I said, look, lets
work together. If there's something that you feel that you really do own and
you really don't want there, let's talk about it, but could you please be a
little bit more reasonable. [10:13] And then of course I got a letter back,
and it's an intern, the college student saying, the state of William S.
Burroughs just asked me… [10:23] I said, look, I get it but, you know… let’s
try to do it the right way and let's see what happens. And then they came back
with another DMCA Takedown, with a much shorter list. But even in that list,
most of the copyrights didn't belong to William S. Burroughs. They belonged to
journal poetry systems, many of them were orphan. [10:45] Because in media,
often if you publish in a publication, often the publisher owns the copyright,
not the artist, you know. You have to look and see where the copyright
resides. [10:59] Finally, I said, look this is getting ridiculous. I said,
please send a note on to the executor of Burroughs' estate, who is James
Grauerholz, and he's a good guy. He's a good guy. And I said, I quoted, and I
said, look Mr. Grauerholz, William S. Burroughs' poetry wants to be free. You
know, and I quoted from Burroughs. And also it's a great thing that Burroughs
said. I said, you know, we're not making any money here. I'm not going to
pirate Naked Lunch. I know where are you making your money, and I swear I
wouldn't want to touch that. That does well on its own. [11:30] But his cut-
ups, his sound collage cut-ups? I mean, came on, no. This is for education.
This is for, you know, art schools, kindergartens and post-graduates use it.
[11:40] So this was a way in which copyright is often used as a threat, that's
not true. And then, a little bit of talking, and you can actually get back to
some logic. And then after that it was fine, and there's all the William S.
Burroughs that's there that it was always there. And everybody seems to be
okay.
[11:57]
Opt-out System
[0:12]
Things get taken down all the time. People send an email saying, you know, I
don't want that there. And I try to convince them that we don't touch any
money. Ubu runs on zero money, we don't touch any. I try to tell them that is
good, it's all feeling good, positive. [12:19] But sometimes people really
don't want their work up. And if they don't want their work up, I take it
down. An opt-out system. Why should I keep their work up if they really don't
want it there? [12:30] So it's an unstable archive. What's there today may not
be there tomorrow. And I kind of like that too.
[12:38]
Permission culture
[12:42]
I understand people get nervous. They would prefer me to ask. But if I ask, I
couldn't have built this archive. Because if you ask, you start negotiations,
you make a contract, you need lawyers, you need permissions. And if something
has... a film has music in the background by the Rolling Stones, you have to
clear the right for the Rolling Stones and pay that a little bit of money. And
you know, licenses... I couldn't do that. I do this with no money. That would
take millions… [13:14] To do UbuWeb permission, the right way, correctly,
would take millions of millions of euros. And I built this whole thing from
nothing. Zero money. [13:26] So, you know... I think I'd love to be able to
ask for permission, do things the right way. It is the right way to do things.
But it wouldn't be possible to make an archive like this, that way.
[13:40]
Cornelia Sollfrank: How much does it happen that you are approached by artists
who say, please put my work down?
[13:47]
Almost never, almost never. It's usually the estates, art dealers, the
business people, you know, who are circling around an artist. But it's almost
never artists themselves. Artists, you know... I don't know, I just think
that… [14:07] For example, we have the music concrete of Jean Dubuffet on
UbuWeb. Fantastic experimental music. And it's so great that many people now
know of a composer named Jean Dubuffet, and later they hear: he's also a
painter. Which is really very beautiful. [14:33] Now, the paintings of Jean
Dubuffet, of course, sell for millions. And the copyright, you know... You can
make a T-shirt with a Jean Dubuffet painting, they're going to want a license
for that. [14:44] But the music of Jean Dubuffet, the estate doesn't quite
understand the value of it, or what to do with it. And this is also what
happened with my Warhol book. [14:56] Before I did my Warhol book, I went to
the Warhol Foundation, because it's big money, and you don't want to get in
trouble with those guys. And I said to them, I want to do a book of Andy's
interviews. I know that they don't own the copyright, I just wanted their
blessing, from them. And they were really sweet. They laughed at me. They
said, you want Warhol's words? Take them! We are so busy dealing with
forgeries, well, you know, exactly what your piece was about. And they laughed
at me. They were like, have fun, it's all yours, glad, go away. [15:32] So I
kind of feel, if you ask Jean Dubuffet, I would assume that Dubuffet
understood that his music production was as serious as his paintings. And this
is the sort of beautiful revisionism of the avant-garde. This is a perfect
example of the revisionism of the avant-garde that I'm talking about. You say,
oh, you know, he was actually as good of a composer as he was a painter.
[15:58] So, you know, this is the kind of weird thing that's happened on
UbuWeb, I think. [16:04] But what's even better, is that UbuWeb, you know... I
care about Jean Dubuffet, or I care about Art Brut, and the history of all
that. [16:14] But usually what happens is, kids come into UbuWeb and they know
nothing about the history. And they’re usually kids that are making dance
music. But they go, oh, all these weird sounds at this place, lets take them.
And so they plunder the archive. So you have Bruce Nauman, you know, "Get out
of my life!" on dance floors in São Paulo, mixed in with the beat. And that to
me is the misuse of the archive that I think is really fantastic.
[16:48]
Technical infrastructure
[16:53]
It's web 1.0. I write everything in HTML, by hand. Hand-coded like I did in
1996, the same BBEdit, the same program.
[17:04]>
C.S.: But it's searchable.
[17:06]
Yea, it's got like a dumb, you know, a little free search engine on it, but I
don't do anything. You see, this is the thing. [17:15] For many, many years
people would always come up to me and say, we'd like to put UbuWeb in a
database. And I said no. It’s working really well as it is. And, you know,
imagine if Ubu had been locked up in some sort of horrible SQL database. And
the administrator of the database walks away, the guy that knows all that
stuff walks away with the keys – which always happens. No… [17:39] This way it
is free, is open, is simple, is backwardly compatible – it always works.
[17:45] I like the simplicity of it. It's not different than it was 17 years
ago. It's really dumb, but it does what it does very well.
[17:54]
Search engines
[17:58]
I removed it from Google. Because, you know, people would have set a Google
alert. And it was mostly the agents, or the estates that would set a kind of
an alert for their artists. And they didn't understand, they think we're
selling it. And it creates a lot of correspondence. [18:20] This is a lot of
work for me. I never get paid any money. There's no money. So, there's
nothing, you know... It's my free time that I'm spending corresponding with
people. And once I took it off from Google it got much better.
[18:33]
Copyright practice
[18:37]
Nobody seemed to care until I started to put film on, and then the filmmakers
went crazy. And so, that was something. [18:47] There was a big blow-up on the
FrameWorks film list. Do you know FrameWorks? It's the biggest avant-garde
film list – Listserv. And a couple of years ago Ubu got hacked, and went down
for a little while. And there was a big celebration on the FrameWorks list.
They said, the enemy is finally gone! We can return to life as normal. So I
responded to them. [19:14] I wrote an open letter to FrameWorks (which you can
actually find on UbuWeb) challenging them, saying, actually Ubu is a friend of
yours. I'm actually promoting your work for no money. I love what you do. I'm
a fan. There's no way I'm an enemy. [19:31] And I said, by the way, if you are
celebrating Ubu being down, I think it's a perfect time for you to now built
Ubu the way it should have been. You guys have all the materials. You are the
artists, you have all the knowledge. Go ahead and do it right, that would be
great. You have my blessing, please do it... Shut them down. Nobody ever
responded. Suddenly the thread died. [20:00] Nobody wants to do anything. It's
kind of, they considered it right to complain, but when asked to... They have
the tools to do it right. I'm a poet, what do I know about avant-garde film?
They know everything. But when I told them, please, you know, nobody's going
to lift a finger. [20:18] It's easier for people to complain and hate it. But
in fact, to make something better is something that people are not going to
do. So life went on. It went up and we moved on.
[20:32]
Un/stable archives
[20:36]
If you work on something for an hour a day for 17 years – 2 hours, 3 hours –
you come up with something really substantial. [20:45] The web is very
ephemeral, and UbuWeb is just as ephemeral. It’s amazing that it's been there
for as long as it has, but tomorrow it could vanish. I could get sued. I could
get bored. Maybe I just walk away and blow it up, I don't know! Why do I need
to keep doing all this work for? [21:03] So if you find something on the
Internet that you loved, don't assume it's going to be there forever. Download
it. Always make your own archive. Don't ever assume that it's waiting there
for you, because it won't be there when you look for it.