moshkov in Bodo 2014
ople typed them in. […] At this point it became clear that
there was a lot of value in having a plaintext file with some novels, and the most popular novels were first
digitized in this way.”
The next stage in the text digitization started around 1994. By that time growing numbers of people had
computers, scanning peripherals, OCR software. Russian internet and PC penetration while extremely
low 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
found lots of sites with texts. It was like a dream came true: there they were, all the desired books. But
these collections were in a dreadful state! Incompatible formats, different encodings, missing content. I
had to spend hours scouring the different sites and directories to find something.
As a result, I decided to convert all the different file-formats into a single one, index the titles of th
collect and consolidate these free-floating texts sprung up by the dozens.
Such digital librarianship was the antithesis of official Soviet book culture: it was free, bottom-up,
democratic, and uncensored. It also offered a partial remedy to problems created by the post-Soviet
collapse of the economy: the impoverishment of libraries, readers, and publishers. In this context, book
digitization and 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, and was filled by those books that people most desired and most valued.
For years, lib.ru integrated as much as it could of the different digital libraries flourishing in the RuNet. By
doing so, it preserved 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 formed their own ecosystem. [L], the first
of its kind, now charges a monthly fee to provide access to the collection. The [f] community split off
from [L] the same way that [L] split off from lib.ru, to provide free and unrestricted access to a
fundamentally similar collection. Finally, some in the community felt the need to focus their efforts on a
separate collection of scientific works. This becam
: around 2006-7, an existing book site
called Gigapedia copied the English books from Kolhoz, set up a catalog, and soon became the most
influential pirate library in the English speaking internet.
Similar cataloguing efforts soon emerged elsewhere. In 2007, someone on rutracker.ru, a Russian BBS
focusing on file sharing, posted torrent links to 91 DVDs containing science and technology titles
aggregated 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 mankind’s useful books is about what we already have. So growth is defined by newly
scanned or issued books. Also, the quality of the collection is represented not by the number of books but
by the amount of knowledge it contains. [ALEPH] does not need to grow more and I am not the only one
among us who thinks so. […]
We have absolutely no idea who sends books in. It is practically impossible to
distributed collections but objected to the fact that the CDs were sold
(and later overproduced in spite of Zagumenov’s intentions).
The debate, which took place in the book-related fora of Fidonet, had some important points.
Participants again drew a significant distinction between free access provided first by Fidonet (and later
by lib.ru, which integrated some parts of the collection) and what 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 offending party, to the
possibility of proving infringement.[…]
Meanwhile, it has become a stressing question how to protect authors-netizens' rights regarding their
work published on the Internet. It is known that there are a number of periodicals that reprint material
from the Internet without the permission of the author, without payment of a fee, without prior
arrangement. Such offenders need
tus established as “cultural objects” and have the same rights as
a "real library" to collect information, but that might be in the distant future. It would also be nice to
have the e-library "legal deposits" of publications in electronic form, but when even Leninka [the Russian
State Library] cannot always afford that, what we really need are enthusiastic networkers. […]
The policy of the library 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.”
17
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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 Representative
Special 301 reports cited inadequate protections and lack of enforcement of copyright. Russia’s plans to
join the WTO, over which the US had effective veto power, also became leverage to bring the Russian
copyright regime into compliance with US norms.
Book piracy was regularly mentioned in Special 301 reports in the 2000s, but the details, alleged losses,
and analysis changed little fro
оссийское общество по мультимедиа и цифровым сетям (НП РОМС)), but despite of that
became the focal point of US (and behind them, major label) pressure, leading to an unsuccessful
criminal prosecution of the site owner and eventual closure of the site in 2007. Although Lib.ru had
some direct agreements with authors, it also licensed much of its collection 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 competitors. As Russia continued to bring its laws into closer conformance with WTO
requirements, ahead of Russia’s admission in 2012, western rightsholders gained enough power to
demand enforcement against RuNet pirate sites. The kinds of selective enforcement for political or
19
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business purposes, which had marked the Russian IP regime throughout the dec
mirroring the Aleph collection was seized, apparently due to the legal action taken by a US
rightholder, and it also started to respond to DMCA notices, removing links to books reported to be
infringing. Aleph responds to this with a number of tactical moves:
We want books to be available, but only for those who need them. We do not want [ALEPH] to be visible.
If one knows where to get books, there 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 fellows. […] I haven't seen a single complaint from the authors who should
constitute our major problem: professors etc. No, they don't complain. Who complains are either of such
type I have mentioned or the ever-hungry publishers.15
13
Anonymous source #1
Anonymous source #1
15
Anonymous source #1
14
20
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The protection the academic community has to offer
moshkov in Thylstrup 2019
s of the ideologies of the digital, characterized by ideals
of velocity and connectivity. As such, we might say that although shadow
libraries often position themselves as subversives, in many ways they also
belong to the same storyline as other mass digitization projects such as
Google Books and Europeana. Significantly, then, shadow libraries are
infrapolitical in two senses: first, they have become central infrastructural
elements in what James C. Scott calls the “infrapolitics of subordinate
groups,” providing everyday resistance by creating entrance points to
hitherto-excluded knowledge zones.7 Second, they represent and produce the
infrapolitics of the digital _tout court_ with their ideals of real-time,
globalized, and unhindered access.
## Lib.ru
Lib.ru is one of the earliest known digital shadow libraries. It was
established by the Russian computer science professor Maxim Moshkov, who
complemented his academic practice of programming with a personal hobby of
file-sharing on the so-called RuNet, the Russian-language segment of the
Internet.8 Moshkov’s collection had begun as an e-book swapping practice in
1990, but in 1994 he uploaded the material to his institute’s web server where
he then divided the site into several section such as “my hobbies,” “my work,”
and “my library.”9 If lib.ru began as a private project, however, the role of
Moshkov’s library soon changed as it quickly became Russia’s preferred shadow
library, with users playing an active role in its expansion by constantly
adding new digitized books. Users would continually scan and submit new texts,
while Moshkov, in his own words, worked as a “receptionist” receiving and
handling the material.10
Shadow libraries such as Moshkov’s were most likely born not only out of a
love of books, but also out of frustration with Russia’s lack of access to up-
to-date and affordable Western works.11 As they continued to grow and gain in
popularity, shadow libraries thus became not only points of access, but also
signs of infrastructural failure in the formal library system.12 After lib.ru
outgrew its initial server storage at Moshkov’s institute, Moshkov divided it
into smaller segments that were then distributed, leaving only the Russian
literary classics on the original site.13 Neighboring sites hosted other
genres, ranging from user-generated texts and fan fiction on a shadow site
called [samizdat.lib.ru](http://samizdat.lib.ru) to academic books in a shadow
library titled Kolkhoz, named after the commons-based agricultural cooperative
of the early Soviet era and curated and managed by “amateur librarians.”14 The
steadily accumulating numbers of added works, digital distributors, and online
access points expanded not only the range of the shadow collections, but also
their networked affordances. Lib.ru and its offshoots thus grew into an
influential node in the global mass digitization landscape, attracting both
political and legal attention.
### Lib.ru and the Law
Until 2004, lib.ru deployed a practice of handling copyright complaints by
simply removing works at the first request from the authors.15 But in 2004 the
library received its first significant copyright claim from the big Russian
publisher Kirill i Mefody (KM). KM requested that Moshkov remove access to a
long list of books, claiming exclusive Internet rights on the books, along
with works that were considered public domain. Moshkov refused to honor the
request, and a lawsuit ensued. The Ostankino Court of Moscow initially denied
the lawsuit because the contracts for exclusive Internet rights were
considered invalid. This did not deter KM, however, which then approached the
case from a different perspective, filing applications on behalf of well-known
Russian authors, including the crime author Alexandra Marinina and the science
fiction writer Eduard Gevorkyan. In the end, only Eduard Gevorkyan maintained
his claim, which was of the considerable size of one million rubles.16
During the trial, Moshkov’s library received widespread support from both
technologists and users of lib.ru, expressed, for example, in a manifesto
signed by the International Union of Internet Professionals, which among other
things touched upon the importance of online access not only to cultural works
but also to the Russian language and culture:
> Online libraries are an exceptionally large intellectual fund. They lessen
the effect of so-called “brain drain,” permitting people to stay in the orbit
of Russian language and culture. Without online libraries, the useful effect
of the Internet and computers in Russian education system is sharply lowered.
A huge, openly available mass of Russian literary texts is a foundation
permitting further development of Russian-language culture, worldwide.17
Emphasizing that Moshkov often had an agreement with the authors he put
online, the manifesto also called for a more stable model of online public
libraries, noting that “A wide list of authors who explicitly permitted
placing their works in the lib.ru library speaks volumes about the
practicality of the scheme used by Maxim Moshkov. However, the litigation
underway shows its incompleteness and weak spots.”18 Significantly, Moshkov’s
shadow library also received both moral and financial support from the state,
more specifically in the form of funding of one million rubles granted by the
Federal Agency for the Press and Mass Media. The funding came with the
following statement from the Agency’s chairman, Mikhail Seslavinsky:
“Following the lively discussion on how copyright could be protected in
electronic libraries, we have decided not to wait for a final decision and to
support the central library of RuNet—Maxim Moshkov’s site.”19 Seslavinsky’s
support not only reflected the public’s support of the digital library, but
also his own deep-seated interests as a self-confessed bibliophile, council
chair of the Russian organization National Union of Bibliophiles since 2011,
and author of numerous books on bibliology and bibliophilia. Additionally, the
support also reflected the issues at stake for the Russian legislative
framework on copyright. The framework had just passed a second reading of a
revised law “On Copyright and Related Rights” in the Russian parliament on
April 21, 2004, extending copyright from 50 years after an author’s death to
70 years, in accordance with international law and as a condition of Russia’s
entry into the World Trade Organization.20
The public funding, Moshkov stated, was spent on modernizing the technical
equipment for the shadow library, including upgrading servers and performing
OCR scanning on select texts.21 Yet, despite the widespread support, Moshkov
lost the copyright case to KM on May 31, 2005. The defeat was limited,
however. Indeed, one might even read the verdict as a symbolic victory for
Moshkov, as the court fined Moshkov only 30,000 rubles, a fragment of what KM
had originally sued for. The verdict did have significant consequences for how
Moshkov manages lib.ru, however. After the trial, Moshkov began extending his
classical literature section and stopped uploading books sent by readers into
his collection, unless they were from authors who submitted them because they
wished to publish in digital form.
What can we glean from the story of lib.ru about the infrapolitics of mass
digitization? First, the story of lib.ru illustrates the complex and
contingent historical trajectory of shadow libraries. Second, as the next
section shows, it offers us the possibility of approaching shadow libraries
from an infrastructural perspective, and exploring the infrapolitical
dimensions of shadow libraries in the area of tension between resistance and
standardization.
### The Infrapolitics of Lib.ru: Infrastructures of Culture and Dissent
While global in reach, lib.ru is first and foremost a profoundly
territorialized project. It was born out of a set of political, economic, and
aesthetic conditions specific to Russia and carries the characteristics of its
cultural trajectory. First, the private governance of lib.ru, initially
embodied by Moshkov, echoes the general development of the Internet in Russia
from 1991 to 1998, which was constructed mainly by private economic and
cultural initiatives at a time when the state was in a period of heavy
transition. Lib.ru’s minimalist programming style also made it a cultural
symbol of the early RuNet, acting as a marker of cultural identity for Russian
Internet users at home and abroad.22
The infrapolitics of lib.ru also carry the traits of the media politics of
Russia, which has historically been split into two: a political and visible
level of access to cultural works (through propaganda), and an infrapolitical
invisible level of contestation and resistance, enabling Russian media
consumers to act independently from official institutionalized media channels.
Indeed, some scholars tie the practice of shadow libraries to the Soviet
Union’s analog shadow activities, which are often te
e infrastructurally
premised upon the medium they use. Just as typewriters were an important
component of samizdat practices in the Soviet Union, digital infrastructures
are central components of shadow libraries, and in many respects shadow
libraries bring to the fore the same cultural-political questions as other
forms of mass digitization: questions of territorial imaginaries,
infrastructures, regulation, speed, and ethics.
## Notes
1. Serres 1982, 55. 2. Serres 1982, 36. 3. Serres 1982, 36. 4. Samyn 2012. 5.
I stick with “shadow library,” a term that I first found in Lawrence Liang’s
(2012) writings on copyright and have since seen meaningfully unfolded in a
variety of contexts. Part of its strength is its sidestepping of the question
of the pirate and that term’s colonial connotations. 6. Eckstein and Schwarz
2014. 7. Scott 2009, 185–201. 8. See also Maxim Moshkov’s own website hosted
on lib.ru,
2016. “Libraries in the post-scarcity era.” As Balazs Bodó notes, the first
Russian mass-digitized shadow archives in Russia were run by professors from
the hard sciences, but the popularization of computers soon gave rise to much
more varied and widespread shadow library terrain, fueled by “enthusiastic
readers, book fans, and often authors, who spared no effort to make their
favorite books available on FIDOnet, a popular BBS system in Russia.” 12.
Stelmakh 2008, 4. 13. Bodó 2016. 14. Bodó 2016. 15. Vul 2003. 16. “In Defense
of Maxim Moshkov's Library,” n.d., The International Union of Internet
Professionals,
Schmidt 2009, 7. 20. Ibid. 21. Carey 2015. 22. Mjør 2009, 84. 23. Bodó 2015.
24. Kiriya 2012. 25. Yurchak 2008, 732. 26. Komaromi, 74. 27. Mjør, 85. 28.
Litres.ru,
Kiriya 2012, 458. 33. For a great analysis of the late-Soviet youth’s
relationship with consumerist products, read Yurchak’s careful study in
_Everything Was Forever, Until It Was No More: The Last Soviet Generation_
(2006). 34. “Dušan Barok: Interview,” _Neural_ 44 (2010), 10. 35. Ibid. 36.
Ibid. 37. Monoskop,” last modified March 28, 2018, Monoskop.
ond Simple Searching in Nineteenth-Century Collections Online.” _Journal of Victorian Culture : JVC_ 22 (2): 248–255.
56. Cadogan, Garnette. 2016. “Walking While Black.” Literary Hub. July 8.
57. Callon, Michel, Madeleine Akrich, Sophie Dubuisson-Quellier, Catherine Grandclément, Antoine Hennion, Bruno Latour, Alexandre Mallard, et al. 2016. _Sociologie des agencements marchands: Textes choisis_. Paris: Presses des Mines.
58. Cameron, Fiona, and Sarah Kenderdine. 2007. _Theorizing Digital Cultural Heritage: A Critical Discourse_. Cambridge, MA: MIT Press.
59. Canepi, Kitti, Becky Ryder, Michelle Sitko, and Catherine Weng. 2013. _Managing Microforms in the Digital Age_. Association for Library Collections & Technical Services.
60. Carey, Quinn Ann. 2015, “Maksim Moshkov and lib.ru: Russia’s Own ‘Gutenberg.’” _TeleRead: Bring the E-Books Home_. December 5.
61. Carpentier, Nico. 2011. _Media and Participation: A Site of Ideological-Democratic Struggle_. Bristol, UK: Intellect.
62. Carr, Nicholas. 2006. “The Engine of Serendipity.” _Rough Type_ , May 18.
63. Cassirer, Ernst. 1944. _An Essay on Man: An Introduction to a Philosophy of Human Culture_. New Haven, CT: Yale University Press.
64. Castells, Manuel. 1996a. _The Rise of the Network Society_. Malden, MA: Blackwell Publishers.
65. Castells, Manuel. 1996b. _The Informational City: Information Technology, Economic Restructuring, and the Urban-Regional Process_. Cambridge: Blackwell.
66. Castells, Manuel, and Gustavo Cardoso. 2012. “Piracy Cultures: Editorial Int
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