library genesis in Constant 2016


Bookscanning. Memory of the World (2014) https://
www.memoryoftheworld.org/blog/2014/12/08/how-tobookscanning/
• Barok, Dusan. Talks/Public Library. Monoskop (2015)
http://monoskop.org/Talks/Public_Library
• Custodians.online. In Solidarity with Library Genesis and
Science Hub (2015) http://custodians.online
• Battles, Matthew. Library: An Unquiet History Random
House (2014)
• Harris, Michael H. History of Libraries of the Western World.
Scarecrow Press (1999)
• MayDay Rooms. Activation (2015) http://


Bookscanning. Memory of the World (2014) https://
www.memoryoftheworld.org/blog/2014/12/08/how-tobookscanning/
• Barok, Dusan. Talks/Public Library. Monoskop (2015)
http://monoskop.org/Talks/Public_Library
• Custodians.online. In Solidarity with Library Genesis and
Science Hub (2015) http://custodians.online

P.64

P.65

• Battles, Matthew. Library: An Unquiet History Random
House (2014)
• Harris, Michael H. History of Libraries of the Western World.
Scarecrow Press (1999)
• MayDay Rooms. Activation


library genesis in Custodians 2015


2015. torrentfreak.com.  ↩
9. “[Guerilla Open Access Manifesto.](https://archive.org/stream/GuerillaOpenAccessManifesto/Goamjuly2008_djvu.txt)” Internet Archive. Accessed November 30, 2015. archive.org.  ↩


es are priced such
that they prohibit access to science to many academics - and all non-academics
- across the world, and render it a token of privilege.3

Elsevier has recently filed a copyright infringement suit in New York against
Science Hub and Library Genesis claiming millions of dollars in damages.4 This
has come as a big blow, not just to the administrators of the websites but
also to thousands of researchers around the world for whom these sites are the
only viable source of academic materials. The soc


entral role in the allocation of academic prestige trump the public interest.
Commercial publishers effectively impede open access, criminalize us,
prosecute our heroes and heroines, and destroy our libraries, again and again.
Before Science Hub and Library Genesis there was Library.nu or Gigapedia;
before Gigapedia there was textz.com; before textz.com there was little; and
before there was little there was nothing. That's what they want: to reduce
most of us back to nothing. And they have the full support of the courts and
law to do exactly that.7

In Elsevier's case against Sci-Hub and Library Genesis, the judge said:
"simply making copyrighted content available for free via a foreign website,
disserves the public interest"8. Alexandra Elbakyan's original plea put the
stakes much higher: "If Elsevier manages to shut down our projects or force
them


library genesis in Dekker & Barok 2017


metamute.org/editorial/

articles/paradise-too-many-books-interview-seandockray. Accessed 31 May 2016.
Online digital libraries
Aaaaarg, http://aaaaarg.fail.
Bibliotik, https://bibliotik.me.
Issuu, https://issuu.com.
Karagarga, https://karagarga.in.
Library Genesis / LibGen, http://gen.lib.rus.ec.
Memory of the World, https://library.memoryoftheworld.org.
Monoskop, https://monoskop.org.
Pad.ma, https://pad.ma.
Scribd, https://scribd.com.
Textz.com, https://textz.com.
UbuWeb, www.ubu.com.

226

LOST AND LIVING (


library genesis in Dockray, Forster & Public Office 2018


open and the pages themselves
scattering into bookshelves and basements, into the caring hands of relatives
or small institutions devoted to passing these words on to future generations.

While the massive digital archives listed above (library.nu, Library Genesis,
Sci-Hub, etc.) could play the role of the library of libraries, they tend to
be defined more as sites for [biblioleaks](https://www.jmir.org/2014/4/e112/).
Furthermore, given the vulnerability of these archives, we ought to look for
alternative appr


library genesis in USDC 2015


15-cv-04282-RWS Document 1 Filed 06/03/15 Page 1 of 16

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Index No. 15-cv-4282 (RWS)
COMPLAINT

ELSEVIER INC., ELSEVIER B.V., ELSEVIER LTD.
Plaintiffs,

v.

SCI-HUB d/b/a WWW.SCI-HUB.ORG, THE LIBRARY GENESIS PROJECT d/b/a LIBGEN.ORG, ALEXANDRA ELBAKYAN, JOHN DOES 1-99,
Defendants.

Plaintiffs Elsevier Inc, Elsevier B.V., and Elsevier Ltd. (collectively “Elsevier”),
by their attorneys DeVore & DeMarco LLP, for their complaint against www.scihub.org,
w


b Website is assigned the IP address 31.184.194.81. This IP address is part of a range of IP addresses assigned to Petersburg Internet Network Ltd., a webhosting company located in Saint Petersburg, Russia.

6. Upon information and belief, Defendant Library Genesis Project is an organization which operates an online repository of copyrighted materials accessible through the website located at the URL “libgen.org” as well as a number of other “mirror” websites
(collectively the “Libgen Domains”). The


gement
27.

Upon information and belief, Defendants are reproducing and distributing

unauthorized copies of Elsevier’s copyrighted materials, unlawfully obtained from
ScienceDirect, through Sci-Hub and through various websites affiliated with the Library Genesis
Project. Specifically, Defendants utilize their websites located at sci-hub.org and at the Libgen
Domains to operate an international network of piracy and copyright infringement by
circumventing legal and authorized means of access to the ScienceDir




When a user performs a keyword search on Sci-Hub, the website returns a proxied

version of search results from the Google Scholar search database. 1 When a user selects one of
the search results, if the requested content is not available from the Library Genesis Project, SciHub unlawfully retrieves the content from ScienceDirect using the access previously obtained.
Sci-Hub then provides a copy of that article to the requesting user, typically in PDF format. If,
however, the requested content can be found in the Library Genesis Project repository, upon

1

Google Scholar provides its users the capability to search for scholarly literature, but does not provide the
full text of copyrighted scientific journal articles accessible through paid subscription services such as
Scie


such articles along with a
link to the platform through which the article may be purchased or accessed by a subscriber.

8

Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 9 of 16

information and belief, Sci-Hub obtains the content from the Library Genesis Project repository
and provides that content to the user.
32.

When a user searches on Sci-Hub for an article available on ScienceDirect using a

journal or article identifier, the user is redirected to a proxied version of the ScienceDirect page
whe


f, SciHub facilitates this infringing conduct by using unlawfully-obtained access credentials to
university proxy servers to establish remote access to ScienceDirect through those proxy servers.
If, however, the requested content can be found in the Library Genesis Project repository, upon
information and belief, Sci-Hub obtains the content from it and provides it to the user.
33.

Upon information and belief, Sci-Hub engages in no other activity other than the

illegal reproduction and distribution of digital


b website
to earn revenue from the piracy of copyrighted materials from ScienceDirect. Sci-Hub has at
various times accepted funds through a variety of payment processors, including PayPal,
Yandex, WebMoney, QiQi, and Bitcoin.
Sci-Hub’s Use of the Library Genesis Project as a Repository for Unlawfully-Obtained
Scientific Journal Articles and Books
35.

Upon information and belief, when Sci-Hub pirates and downloads an article from

ScienceDirect in response to a user request, in addition to providing a copy of that article to that
user, Sci-Hub also provides a duplicate copy to the Library Genesis Project, which stores the
9

Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 10 of 16

article in a database accessible through the Internet. Upon information and belief, the Library
Genesis Project is designed to be a permanent repository of this and other illegally obtained
content.
36.

Upon information and belief, in the event that a Sci-Hub user requests an article

which has already been provided to the Library Genesis Project, Sci-Hub may provide that user
access to a copy provided by the Library Genesis Project rather than re-download an additional
copy of the article from ScienceDirect. As a result, Defendants Sci-Hub and Library Genesis
Project act in concert to engage in a scheme designed to facilitate the unauthorized access to and
wholesale distribution of Elsevier’s copyrighted works legitimately available on the
ScienceDirect platform.
The Library Genesis Project’s Unlawful Distribution of Plaintiff’s Copyrighted Works
37.

Access to the Library Genesis Project’s repository is facilitated by the website

“libgen.org,” which provides its users the ability to search, download content from, and upload
content to, the repository. The main page of libgen.org allows its users to perform searches in


“Scientific articles.” In addition to
searching by keyword, users may also search for specific content by various other fields,
including title, author, periodical, publisher, or ISBN or DOI number.
38.

The libgen.org website indicates that the Library Genesis Project repository

contains approximately 1 million “Sci-Tech” documents and 40 million scientific articles. Upon
information and belief, the large majority of these works is subject to copyright protection and is
being distributed through the Library Genesis Project without the permission of the applicable
rights-holder. Upon information and belief, the Library Genesis Project serves primarily, if not

10

Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 11 of 16

exclusively, as a scheme to violate the intellectual property rights of the owners of millions of
copyrighted works.
39.

Upon information and belief, Elsevier owns the copyrights in a substantial

number of copyrighted materials made available for distribution through the Library Genesis
Project. Elsevier has not authorized the Library Genesis Project or any of the Defendants to
copy, display, or distribute through any of the complained of websites any of the content stored
on ScienceDirect to which it holds the copyright. Among the works infringed by the Library
Genesis Project are the


ysiology,” and the article “The
Varus Ankle and Instability” (published in Elsevier’s journal “Foot and Ankle Clinics of North
America”), each of which is protected by Elsevier’s federally-registered copyrights.
40.

In addition to the Library Genesis Project website accessible at libgen.org, users

may access the Library Genesis Project repository through a number of “mirror” sites accessible
through other URLs. These mirror sites are similar, if not identical, in functionality to
libgen.org. Specifically, the mirror sites allow their users to search and download materials from
the Library Genesis Project repository.
FIRST CLAIM FOR RELIEF
(Direct Infringement of Copyright)
41.

Elsevier incorporates by reference the allegations contained in paragraphs 1-40

42.

Elsevier’s copyright rights and exclusive distribution rights to the works avai


library genesis in USDC 2015


SciHub and LibGen
2015


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------

15 Civ. 4282(RWS)
OPINION

ELSEVIER INC., ELSEVIER B.V., and ELSEVIER LTD.,

Plaintiffs,

- against -

WWW.SCI-HUB.ORG, THE LIBRARY GENESIS PROJECT, d/b/a LIBGEN.ORG, ALEXANDRA ELBAKYAN, and JOHN DOES 1-99,

Defendants.

----------------------------------------

APPEARANCES

Attorneys for the Plaintiffs

DEVORE & DEMARCO LLP
99 Park Avenue, Suite 1100
New York, NY 1001 6
By:
Joseph DeMar


, Esq.

Pro Se

Alexandra Elbakyan
Almaty, Kazakhstan

1

Sweet, D.J.,

Plaintiffs Elsevier Inc., Elsevier B.V., and Elsevier, Ltd. (collectively, "Elsevier" or the "Plaintiffs") have moved for a preliminary injunction preventing defendants Sci-Hub, Library Genesis Project (the " Project"), Alexandra Elbakyan ("Elbakyan"), Bookfi.org, Elibgen.org, Erestroresollege.org, and Libgen.info (collectively, the "Defendants") from distributing works to which Elsevier owns the copyright. Based upon the facts and conclusi


library genesis in Kelty, Bodo & Allen 2018


only available to audiobooks, but rarely
for e-books. I wonder why.
Did you notice that there are no major book piracy lawsuits?

Have everything, and own a few.

20

Balazs Bodo

Own Nothing

21

Of course there is the lawsuit against Sci-Hub and Library Genesis in New York, and
there is another one in Canada against aaaaarg, causing major nuisance to those who
have been named in these cases. But this is almost negligible compared to the high
profile wars the music and audiovisual industries waged against Na


library genesis in Mars & Medak 2019


digital texts and collections, published a letter
article | 345

ephemera: theory & politics in organization


(Custodians.online, 2015) in support of two of the largest user-created
repositories of pirated textbooks and articles on the Internet – Library Genesis
and Science Hub. Library Genesis and Science Hub’s web domain names were
taken down after a New York court issued an injunction following a copyright
infringement suit filed by the largest commercial academic publisher in the
world – Reed Elsevier. It is a familiar trajectory th


education seems … to be self-evident’ (Baty, 2017).
Uneven economic development reinforces global uneven development in higher
education and science – and vice versa. It is in the face of this combined
economic and educational unevenness, that Library Genesis and Science Hub,
two repositories for a decommodified access to otherwise paywalled resources,
attain a particular import for students, academics and researchers worldwide.
And it is in the face of combined economic and educational unevenness, that
Library Genesis and Science Hub continue to brave the court decisions,
continuously changing their domain names, securing ways of access beyond the
World Wide Web and ensuring robust redundancy of the materials in their
repositories.
The Custodians.online letter hig


ese economies are largely based on selling cheap low-skilled
labor. So, their public funders leave them in their underfunded torpor to
improvise their way through education and research processes. It is these
institutions that depend the most on the Library Genesis and Science Hubs of
this world. If we look at the download data of Library Genesis, as has Balasz Bodó
(2015), we can discern a clear pattern that the users in the rich economies use
these shadow libraries to find publications that are not available in the digital
form or are pay-walled, while the users in the developing economies


nchester: Manchester University
Press.
Collini, S. (2017) Speaking of universities. London: Verso.
Critchley, S. (2007) Infinitely demanding: Ethics of commitment, politics of
resistance. London: Verso.
Custodians.online (2015) ‘In solidarity with Library Genesis and Sci-Hub’. [http:/
/custodians.online]
Custodians.online
.online/ubu]

(2016)

‘Happy

birthday,

Ubu.com’.

[http://custodians

Dolenec, D. (2016) ‘The implausible knowledge triangle of the Western Balkans’,
in S. Gupta, J. Habjan and H


library genesis in Mars & Medak 2019


and not for what it
was—­a matter of politics. Yet, while his political action was pre-

empted, others have continued pursuing his vision by committing
small acts of illegality on a massive scale. In June 2015 Elsevier won
an injunction against Library Genesis, the largest illegal repository
of electronic books, journals, and articles on the Web, and its
subsidiary platform for accessing academic journals, Sci-­hub. A
voluntary and noncommercial project of anonymous scientists
mostly from Eastern Europe,


library genesis in Mars, Medak & Sekulic 2016


rantee that these
gains would not be dismantled or rescinded. That reminder is, however, more than a

mere hacker pastime, just as the reactions
of the corporations are not easy-going at
all: in mid-2015, Reed Elsevier initiated
a court case against Library Genesis and
Science Hub and by the end of 2015 the
court in New York issued a preliminary
injunction ordering the shut-down of
their domains and access to the servers. At
the same time, a court case was brought
against Aaaaarg in Quebec.
Shadow public librar


library genesis in Mars & Medak 2017


issue of access is effectively left
to competition between Amazon, Google, Apple and other companies. The state of
affairs in scientific publishing is not any better. As we wrote in the collective open
255

CHAPTER 12

letter ‘In solidarity with Library Genesis and Sci-Hub’ (Custodians.online, 2015),
five for-profit publishers (Elsevier, Springer, Wiley-Blackwell, Taylor & Francis
and Sage) own more than half of all existing databases of academic material, which
are licensed at prices so scandalously high


us to the struggle against (knowledge as) private
property. What are the main problems in this struggle? How do you go about them?
MM & TM: Many projects addressing the crisis of access to knowledge are
originated in Eastern Europe. Examples include Library Genesis, Science Hub,
Monoskop and Memory of the World. Balázs Bodó’s research (2016) on the ethos
of Library Genesis and Science Hub resonates with our beliefs, shared through all
abovementioned projects, that the concept of private property should not be taken
for granted. Private property can and should be permanently questioned,
challenged and negotiated. This i


sive.
PJ & AK: The Public Library project (Memory of the World, 2016a) is a part of
a wider global movement based, amongst other influences, on the seminal work of
Aaron Swartz. This movement consists of various projects including but not
limited to Library Genesis, Aaaaarg.org, UbuWeb, and others. Please situate The
Public Library project in the wider context of this movement. What are its distinct
features? What are its main contributions to the movement at large?
MM & TM: The Public Library project is inform


n the rich institutions of the Global North. In 2012
publishing industry shut down Gigapedia (at the time, it was known as Library.nu).
Fortunately, the resulting vacuum did not last for long, as Library.nu repository got
merged into the holdings of Library Genesis. Building on the legacy of Soviet
scholars who devised the ways of shadow production and distribution of
knowledge in the form of samizdat and early digital distribution of texts in the
post-Soviet period (Balázs, 2014), Library Genesis has built a robust infrastructure
with the mission to provide access to the largest online library in existence while
keeping a low profile. At this moment Library Genesis provides access to books,
and its sister project Science Hub provides access to academic journals. Both
projects are under threat of closure by the largest academic publisher Reed
Elsevier. Together with the Public Library project, they articulate a


both? Why?
MM & TM: We are currently developing a more fine-tuned approach to
educational aspects of amateur librarianship. The forms of custodianship over
knowledge commons that underpin the practices behind Monoskop, Public Library,
Aaaaarg, Ubu, Library Genesis, and Science Hub are part and parcel of our
contemporary world – whether you are a non-academic with no access to scholarly
libraries, or student/faculty outside of the few well-endowed academic institutions
in the Global North. As much as commerci


so are the strategies of reproducing
one’s knowledge and academic research that depend on the de-commodified access
of shadow libraries.
Academic research papers are narrower in scope than textbooks, and Monoskop
is thematically more specific than Library Genesis. However, all these practices
exhibit ways in which our epistemologies and pedagogies are built around
institutional structures that reproduce inequality and differentiated access based on
race, gender, class and geography. By building own knowledge


ustodians.online letter (2015)
that we recently co-authored with a number of our fellow library activists against
the injunction that allows Elsevier to shut down two most important repositories
providing access to scholarly writing: Science Hub and Library Genesis. The letter
is clearly a product of our specific collective work and dynamic. Yet, it clearly
268

KNOWLEDGE COMMONS AND ACTIVIST PEDAGOGIES

articulates various aspects of discontent around this impasse in access to
knowledge, so it resonates with


library genesis in Medak, Mars & WHW 2015


st them,
and they were closed.16 News of the termination of
Gigapedia/Library.nu strongly resonated among
academics and book enthusiasts circles and was
even noted in the mainstream Internet media, just
like other major world events. The decision by Library Genesis to share its resources has resulted
in a network of identical sites (so-called mirrors)
through the development of an entire range of Net
services of metadata exchange and catalog maintenance, thus ensuring an exceptionally resistant
survival archite


library genesis in Sekulic 2018


t capacity to centralize and control within
the realm of knowledge distribution, one look at the oligopoly of academic
publishing and its impact on access and independent production shows its
contrary.

In June 2015 Elsiver won an injunction against Library Genesis and its
subsidiary platform sci-hub.org, making it inaccessible in some countries and
via some commercial internet providers. Run by anonymous scientists mostly
from Eastern Europe, these voluntary and non-commercial projects are the
largest illegal


ssible to anyone, not just to members of wealthy
academic institutions. The act of acknowledging responsibility for sci-hub
transformed what was seen as the act of illegality (piracy) into the act of
civil disobedience. In the context of sci-hub and Library Genesis, both
projects from the periphery of knowledge production, “copyright infringement
opens on to larger questions about the legitimacy of the historic compromise –
if indeed there ever even was one – between the labor that produces culture
and kn


nfrastructures of
Knowledge Production’. Memory of the World (blog), 30 October 2014.
the-infrastructures-of-knowledge-production/.>

(4) For more on shadow libraries and library genesis see: Bodo, Balazs.
‘Libraries in the Post-Scarcity Era’. SSRN Scholarly Paper. Rochester, NY:
Social Science Research Network, 10 June 2015.


(5) ‘Sci-Hub Tears Down Academia’s “Illegal” Copyrig


l 2018.[
http://archive.org/details/GuerillaOpenAccessManifesto.](http://archive.org/details/GuerillaOpenAccessManifesto.)

(8) Ibid.

(9) Mars, Marcell and Tomislav Medak, The System of a Takedown, forthcoming,
2018.

(10) See ‘In Solidarity with Library Genesis and Sci-Hub’.
http://custodians.online. Accessed 7 April 2018.





library genesis in Sollfrank 2018


is 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 journ


his 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_ ,


heory 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


library genesis in Sollfrank & Mars 2013


can download books from Aaaaarg, you can
also change the metadata and upload the metadata up to Aaaaarg.

[10:13]
Repositories

[10:17]
At the moment the biggest repository for the books, in order to download and
make your catalogue, is Library Genesis. It’s around 900,000 books. It’s
libgen.info, libgen.org. And it’s a great project. [10:33] It’s done by some
Russian hackers, who also allow anyone to download all of that. It’s 9
Terabytes of books, quite some chunk of hard disks which yo


library genesis in Tenen 2016


ion 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 acce


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


library genesis in Thylstrup 2019


on. 112 Yet, as the territorial, legal, and social
infrastructures of mass digitization become increasingly labyrinthine, it
takes a lot of critical consciousness to properly interpret and understand its
infrapolitics. Engage with the shadow library Library Genesis on Facebook, for
instance, and you submit to platform capitalism.

A significant trait of platform-based corporations such as Google and Facebook
is that they more often than not present themselves as apolitical, neutral,
and empowering tools of conn


library genesis in WHW 2016


ve science to describe a collection) was taken as the basic narrative procedure. It mobilized and activated several archives and open digital repositories, such as MayDay Rooms from London, The Ignorant Schoolmaster and
His Committees from Belgrade, Library Genesis and Aaaaaarg.org, Catalogue
of Free Books, (Digitized) Praxis, the digitized work of the Midnight Notes
Collective, and Textz.com, with special emphasis on activating the digital
repositories UbuWeb and Monoskop. Not only did the exhibition attempt t

 

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