moshkov in Bodo 2014
ow overall in the 1990s (0.1% of the population having internet access in 1994, growing to 8.3% by
2003), began to make inroads in educational and scientific institutions and among Moscow and
St.Petersburg elites, who were often the critical players in these networks. As access to technologies
increased a much wider array of people began to digitize their favorite texts, and these collections began
to circulate, first via CD-ROMs, later via the internet.
One of such collection belonged to Maxim Moshkov, who published his library under the name lib.ru in
1994. Moshkov was a graduate of the Moscow State University Department of Mechanics and
Mathematics, which played a large role in the digitization of scientific works. After graduation, he started
to work for the Scientific Research Institute of System Development, a computer science institute
associated with the Russian Academy of Sciences. He describes the early days of his collection as follows:
“ I began to collect electronic texts in 1990, on a desktop computer. When I got on the Internet in 1994, I
fo
collecting also offered a sense of political, economic and cultural agency, with parallels
to the copying and distribution of texts in Soviet times. The capacity to scale up these practices coincided
with the moment when anti-totalitarian social sentiments were the strongest, and economic needs the
direst.
The unprecedented bloom of digital librarianship is the result of the superimposition of multiple waves
of distinct transformations: technological, political, economical and social. “Maksim Moshkov's Library”
was ground zero for this convergence and soon became a central point of exchange for the community
engaged in text digitization and collection:
[At the outset] there were just a couple of people who started scanning books in large quantities. Literally
hundreds of books. Others started proofreading, etc. There was a huge hole in the market for books.
Science fiction, adventure, crime fiction, all of this was hugely in demand by the public. So lib.ru was to a
large part the response,
the collections of the many short-lived libraries.
This process of collection slowed in the early 2000’s. By that time, lib.ru had all of the classics, resulting
in a decrease in the flow of new digitized material. By the same token, the Russian book market was
finally starting to offer works aimed at the popular mainstream, and was flooded by cheap romances,
astrology, crime fiction, and other genres. Such texts started to appear in, and would soon flood lib.ru.
Many contributors, including Moshkov, were concerned that such ephemera would dilute the original
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library. And so they began to disaggregate the collection. Self-published literature, “user generated
content,” and fan fiction was separated into the aptly named samizdat.lib.ru, which housed original texts
submitted by readers. Popular fiction--“low-brow literature”—was copied from the relevant subsections
of lib.ru and split off. Sites specializing in those genres quickly form
regated from various other Russian sources, including Kolhoz. This massive collection had no
categorization or particular order. But it soon attracted an archivist: a user of the forum started the
laborious task of organizing the texts into a usable, searchable format—first filtering duplicates and
organizing existing metadata first into an excel spreadsheet, and later moving to a more open, webbased database operating under the name Aleph.
Aleph inherited more than just books from Kolhoz and Moshkov’s lib.ru. It inherited their elitism with
regard to canonical texts, and their understanding of librarianship as a community effort. Like the earlier
sites, Aleph’s collections are complemented by a stream of user submissions. Like the other sites, the
number of submissions grew rapidly as the site’s visibility, reputation and trustworthiness was
established, and like the others it later fell, as more and more of what was perceived as canonical
literature was uploaded:
“The number of man
at was perceived as Zagumenov’s forprofit enterprise—despite the fact that the price of the CD only covered printing costs. The debate also
drew authors’ and publishers’ attention to the digital book communities’ actions, which many saw as
beneficial as long as it respected the wishes of the authors. Some authors did not want to appear online
at all, others wanted only their published works to be circulated.
Lib.ru of course integrated the parts of the HARRYFAN CD into its collection. Moshkov’s policy towards
authors’ rights was to ask for permission, if he could contact the author or publisher. He also honored
takedown requests sent to him. In 1999 he wrote on copyright issues as follows:
The author’s interests must be protected on the Internet: the opportunity to find the original copy, the
right of attribution, protection from distorting the work. Anyone who wants to protect his/her rights,
should be ready to address these problems, ranging from the ability to identify the o
ibrary is to take everything they give, otherwise they cease to send books. It is also to
listen to the authors and strictly comply with their requirements. And it is to grow and prosper. […] I
simply want the books to find their readers because I am afraid to live in a world where no one reads
books. This is already the case in America, and it is speeding up with us. I don’t just want to derail this
process, I would like to turn it around.”
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Moshkov played a crucial role in consolidating copynorms in the Russian digital publishing domain. His
reputation and place in the Russian literary domain is marked by a number of prizes12, and the library’s
continued existence. This place was secured by a number of closely intertwined factors:
Framing and anchoring the digitization and distribution practice in the library tradition.
The non-profit status of the enterprise.
Respecting the wishes of the rights holders even if he was not legally obliged to do so.
Maintaining active communication with the different stakeholders in the community,
including authors and readers.
Responding to a clear gap in affordable, legal access.
Conservatism with regard to the book, anchored in the argument that digital texts are not
substitutes for printed matter.
Many other digital libraries tried to follow Moshkov’s formula, but the times were changing. Internet and
computer access left the sub-cultural niches and became mainstream; commercialization became a
viable option and thus an issue for both the community and rightsholders; and the legal environment
was about to change.
Formalization of the IP regime in the 2000s
As soon as the 1993 copyright law passed, the US resumed pressure on the Russian government for
further reform. Throughout the period—and indeed to the present day—US Trade Represe
lection from ROMS, and thus was in
the same legal situation as AllofMP3.com. .
Lib.ru avoided the attention of foreign rightholders and Russian state pressure and even benefited from
state support during the period, the receiving a $30,000 grant from the Federal Agency for Press and
Mass Communications to digitize the most important works from the 1930’s. But the chaotic licensing
environment that governed their legal status also came back to haunt them. In 2005, a lawsuit was
brought against Moshkov by KM Online (KMO), an online vendor that sold digital texts for a small fee.
Although the KMO collection—like every other collection—had been assembled from a wide range of
sources on the Internet, KMO claimed to pay a 20% royalty on its income to authors. In 2004 KMO
requested that lib.ru take down works by several authors with whom (or with whose heirs) KMO claimed
to be in exclusive contract to distribute their texts online. KMO’s claims turned out to be only partly true.
KMO had arranged contracts with a number of the heirs to classics of the Soviet period, who hoped to
benefit from an obscure provision in the 1993 Russian copyright law that granted copyrights to the heirs
of politically prosecuted and later rehabilitated Soviet-era authors. Moshkov, in turn, claimed that he
had written or oral agreements with many of the same authors and heirs, in addition to his agreement
with ROMS.
The lawsuit was a true public event. It generated thousands of news items both online and in the
mainstream press. Authors, members of the publishing industry, legal professionals, librarians, internet
professionals publicly supported Moshkov, while KMO was seen as a rogue operator that would lie to
make easy money on freely-available digital resources.
Eventually, the court ruled that KMO indeed had one exclusive contract with Eduard Gevorgyan, and that
the publication of his texts by Moshkov infringed the moral (but not the economic) rights of the author.
Moshkov was ordered to pay 3000 Rubles (approximately $100) in compensation.
The lawsuit was a sign of a slow but significant transformation in the Russian print ecosystem. The idea
of a viable market for electronic books began to find a foothold. Electronic versions of texts began to be
regarded as potential substitutes for the printed versions, not advertisements for them or supplements
to them. More and more commercial services emerged, which regard the well-entrenched free digital
libraries as compe
e are here for him or her. In this way we stay relatively invisible (in
search engines, e.g.), but all the relevant communities in the academy know about us. Actually, if you
question people at universities, the percentage of them is quite low. But what's important is that the
news about [ALEPH] is spread mostly by face-to-face communication, where most of the unnecessary
people do not know about it. (Unnecessary are those who aim profit)14
The policy of invisibility is radically different from Moshkov’s policy of maximum visibility. Aleph hopes
that it can recede into the shadows where it will be protected by the omerta of academics sharing the
sharing ethos:
In Russian academia, [Aleph] is tacitly or actively supported. There are people that do not want to be
included, but it is hard to say who they are in most cases. Since there are DMCA complaints, of course
there are people who do not want stuff to appear here. But in our experience the complainers are only
from the non-scientific fello
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