digitization in Bodo 2015


anyone who
had access to computers and the internet before it was known as the World Wide Web.
Computers thus added fresh momentum to the efforts of realizing the age-old dream of the universal
library (Battles, 2004). Digital technologies offered a breakthrough in many of the issues that previously
posed serious obstacles to text collection: storage, search, preservation, access have all become cheaper
and easier than ever before. On the other hand, a number of key issues remained unresolved: digitization
was a slow and cumbersome process, while the screen proved to be too inconvenient, and the printer too
costly an interface between the text file and the reader. In any case, ultimately it wasn’t these issues that
put a break to the proliferation of digital libraries. Rather, it was the realization, that there are legal limits
to the digitization, storage, distribution of copyrighted works on the digital networks. That realization
soon rendered many text collections in the emerging digital library scene inaccessible.
Legal considerations did not destroy this chaotic, emergent digital librarianship and the collections the adhoc, accidental and professional librarians put together. The text collections were far too valuable to
simply delete them from the servers. Instead, what happened to most of these collections was that they
retreated from the public view, back into the access-controlled shadows of darknets. Yesterday’s gophers
and anonymous ftp servers turned into closed, membership only ftp servers, local shared libraries residing
on the intranets of various academic, business institutions and private archives stored on local hard drives.
The early digital libraries turned into book piracy sites and into the kernels of today’s shadow libraries.
Libraries and other major actors, who decided to start large scale digitization programs soon needed to
find out that if they wanted to avoid costly lawsuits, then they had to limit their activities to work in the
public domain. While the public domain is riddled with mind-bogglingly complex and unresolved legal
issues, but at least it is still significantly less complicated to deal with than copyrighted and orphan works.
Legally more innovative, (or as some would say, adventurous) companies, such as Google and Microsoft,
who thought they had sufficient resources to sort ou


pected print and e-book availability.
4
Download data is based on the logs provided by one of the shadow library services which offers the books in
Aleph’s catalogue as well as other works also free and without any restraints or limitations.

9

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

scarcity in physical copies is overcome through distributed digitization; the artificial source of scarcity
created by copyright protection is overcome through infringement. The liberation from both constraints is
necessary to create a truly scarcity free environment and to release the potential of the library in the postscarcity age.
Aleph is also an ongoing demonstration of the fact that under the condition of non-scarcity, the library can
be a decentralized, distributed, commons-based institution created and maintained through peer
production (Benkler, 2006). The


that libraries may not digitize their
entire collections (Rosati, 2014a).
US libraries face a similar situation, both in terms of the narrowly defined exceptions in which libraries
can operate, and the huge uncertainty regarding the limits of fair use in the digital library context. US
rights holders challenged both Google’s (Authors Guild v Google) and the libraries (Authors Guild v
HathiTrust) rights to digitize copyrighted works. While there seems to be a consensus of courts that the
mass digitization conducted by these institutions was fair use (Diaz, 2013; Rosati, 2014c; Samuelson,
2014), the accessibility of the scanned works is still heavily limited, subject to licenses from publishers,
the existence of print copies at the library and the institutional membership held by prospective readers.
While in the highly competitive US e-book market many commercial intermediaries offer e-lending
6

The notable exception being orphan works which are presumed to be still copyrighted, but without an i


and expertise over the internet, and
use the lack of legal or technological barriers to innovation in the informal sphere to fill in the void left
behind by libraries.

What can Aleph teach us about the future of libraries?
The story of Aleph offers two, closely interrelated considerations for the debate on the future of libraries:
a legal and an organizational one. Aleph operates beyond the limits of legality, as almost all of its
activities are copyright infringing, including the unauthorized digitization of books, the unauthorized
mass downloads from e-text repositories, the unauthorized acts of uploading books to the archive, the
unauthorized distribution of books, and, in most countries, the unauthorized act of users’ downloading
books from the archive. In the debates around copyright infringement, illegality is usually interpreted as a
necessary condition to access works for free. While this is undoubtedly true, the fact that Aleph provides
no-cost access to books seems to be less important


sources and use them for the
development of the library. The value of these resources and of the peer produced library is the difference
between the actual costs associated with Aleph, and the investment that would be required to create
something remotely similar.

15

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

The decentralized, collaborative mass digitization and making available of current, thus most relevant
scientific works is only possible at the moment through massive copyright infringement. It is debatable
whether the copyrighted corpus of scientific works should be completely open, and whether the blatant
disregard of copyrights through which Aleph achieved this openness is the right path towards a more
openly accessible body of scientific knowledge. It is also yet to be measured what effects shadow libraries
may have on the commercial interme


ure of the UC
Berkeley Library. Berkeley: UC Berkeley.
Committee on the Public Libraries in the Knowledge Society. (2010). The Public Libraries in the
Knowledge Society. Copenhagen: Kulturstyrelsen.
Darnton, R. (1982). The literary underground of the Old Regime. Cambridge, Mass: Harvard University
Press.
Darnton, R. (2003). The Science of Piracy: A Crucial Ingredient in Eighteenth-Century Publishing.
Studies on Voltaire and the Eighteenth Century, 12, 3–29.
Diaz, A. S. (2013). Fair Use & Mass Digitization: The Future of Copy-Dependent Technologies after
Authors Guild v. Hathitrust. Berkeley Technology Law Journal, 23.
Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the
information society. (2001). Official Journal L, 167, 10–19.
Elst, M. (2005). Copyright, freedom of speech, and cultural policy in the Russian Federation.
Leiden/Boston: Martinus Nijhoff.
Ermolaev, H. (1997). Censorship in Soviet Literature: 1917-1991. Rowman & Littlefield.
Friedber


Retrieved October 08, 2014, from
http://ipkitten.blogspot.co.uk/2014/09/dutch-court-refers-questions-to-cjeu-on.html
Rosati, E. (2014c). Google Books’ Library Project is fair use. Journal of Intellectual Property Law &
Practice, 9(2), 104–106.
Rose, M. (1993). Authors and owners : the invention of copyright. Cambridge, Mass: Harvard University
Press.
Samuelson, P. (2002). Copyright and freedom of expression in historical perspective. J. Intell. Prop. L.,
10, 319.
Samuelson, P. (2014). Mass Digitization as Fair Use. Communications of the ACM, 57(3), 20–22.
Schultz, M. F. (2007). Copynorms: Copyright Law and Social Norms. Intellectual Property And
Information Wealth v01, 1, 201.
Sezneva, O. (2012). The pirates of Nevskii Prospekt: Intellectual property, piracy and institutional
diffusion in Russia. Poetics, 40(2), 150–166.
Solly, E. (1885). Henry Hills, the Pirate Printer. Antiquary, xi, 151–154.
Stelmakh, V. D. (2001). Reading in the Context of Censorship in the Soviet Union. Libraries &


digitization in Graziano, Mars & Medak 2019


tion
of virtual learning environments has led to lesson plans, slides, notes, and syllabi becoming items to be deposited with the institution. The doors of public higher education are being opened to commercial qualification providers by means of the rise in
metrics-based management, digital platforming of university services, and transformation of students into consumers empowered to make ‘real-time’ decisions on how to
spend their student debt.23 Such neoliberalization masquerading behind digitization
is nowhere more evident than in the hype that was generated around Massive Open
Online Courses (MOOCs), exactly at the height of the last economic crisis.
MOOCs developed gradually from the Massachusetts Institute of Techology’s (MIT) initial experiments with opening up its teaching materials to the public through the OpenCourseWare project in 2001. By 2011, MOOCs were saluted as a full-on democratization of access to ‘Ivy-League-caliber education [for] the world’s poor.’24 And yet, thei


ontext of our new network environment,
political struggles have produced a new media object: #Syllabus, a crowdsourced list
of resources—historic and present—relevant to a cause. By doing so, these struggles
adapt, resist, and live in and against the networks dominated by techno-capital, with
all of the difficulties and contradictions that entails.
What have we learned from the academic syllabus migrating online?
In the contemporary university, critical pedagogy is clashing head-on with the digitization of higher education. Education that should empower and research that should
emancipate are increasingly left out in the cold due to the data-driven marketization
of academia, short-cutting the goals of teaching and research to satisfy the fluctuating demands of labor market and financial speculation. Resistance against the capture of data, research workflows, and scholarship by means of digitization is a key
struggle for the future of mass intellectuality beyond exclusions of class, disability,
gender, and race.
What have we learned from #Syllabus as a media object?
As old formats transform into new media objects, the digital network environment defines the conditions in which these new media objects try to adjust, resist, and live. A
right intuition can intervene and change the landscape—not necessarily for the good,
particularly if the imperatives of capital accumulation and social cont

 

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