karaganis in Bodo 2014


ce Napster emerged in 1999. Russia brought a unique history to this conflict. In
Russia, digital libraries and their emerged in a period a double transformation: the post-Soviet copyright
system had to adopt global norms, while the global norms struggled to adapt to the emergence of digital
copying.
The first post-Soviet decade produced new copyright laws that conformed with some of the international
norms advocated by Western rightsholders, but little legal clarity or enforceability (Sezneva & Karaganis,
2011). Under such conditions, informally negotiated copynorms set in to fill the void of non-existent,
unreasonable, or unenforceable laws. The pirate libraries in the RuNet are as much regulated by such
norms as by the actual laws themselves.
During most of the 1990’s user-driven digitization and archiving was legal, or to be more exact, wasn’t
illegal. The first Russian copyright law, enacted in 1993, did not cover “internet rights” until a 2006
amendment (Budylin & Osipova, 2007; Els


Western-European and US markets.
A 1998 amendment to the 1993 copyright law extended the legal framework to encompass digital rights,
though in a fashion that continued to produce controversy. After 1998, digital services had to license
content from collecting societies, but those societies needed no permission from rightsholders provided
they paid royalites. The result was a proliferation of collective management organizations, competing to
license the material to digital services (Sezneva and Karaganis, 2011), which under this arrangement
12

ROTOR, the International Union of Internet Professionals in Russia voted lib.ru as the “literary site of the year” in
1999,2001 and 2003, “electronic library of the year” in 2004,2006,2008,2009, and 2010, “programmer of the year”
in 1999, and “man of the year” in 2004 and 2005.

18

Draft Manuscript, 11/4/2014, DO NOT CITE!
were compliant with Russian law, but were regarded as illegal by Western rights holders who claimed
that the Russian


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Ryzhak, N. (2005). Censorship in the USSR and the Russian State Library. IFLA/FAIFE Satellite meeting:
Documenting censorship – libraries linking past and present, and preparing for the future.
Sezneva, O., & Karaganis, J. (2011). Chapter 4: Russia. In J. Karaganis (Ed.), Media Piracy in Emerging
Economies. New York: Social Science Research Council.
Skilling, H. G. (1989). Samizdat and an Independent Society in Central and Eastern Europe. Pa[Aleph]rave
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Solzhenitsyn, A. I. (1974). The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation,
Parts I-II. Harper & Row.
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