piratical in Bodo 2015


Что вы все о копирайте. Лучше бы книжку почитали (Библиотеке копирайт не
враг). Компьютерры, (300).

19



ks, all digitized, all available at the click of the mouse for
everyone on the earth without any charge, library or university membership. As I was sitting in these

1

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

physical spaces where the past seemed to define the present, I was wondering where I should look to find
the library of the future: down to my screen or up around me.
The library on my screen was Aleph, one of the biggest of the countless piratical text collections on the
internet. It has more than a million scientific works and another million literary works to offer, all free to
download, without any charge or fee, for anyone on the net. I’ve spent months among its virtual stacks,
combing through the catalogue, talking to the librarians who maintain the collection, and watching the
library patrons as they used the collection. I kept going back to Aleph both as a user and as a researcher.
As a user, Aleph offered me books that the local libraries around me didn’t, in formats that were more
convenient than print. As a researcher, I was interested in the origins of Aleph, its modus operandi, its
future, and I was curious where the journey to which it has taken the book-readers, authors, publishers
and libraries would end.
In this short essay I will introduce some of the findings of a two year research project conducted on
Aleph. In the project I looked at several things. I reconstructed the pirate library’s genesis in order to
understand the forces that called it to life and shaped its development. I looked at its catalogue to
understand what it has to offer and how that piratical supply of books is related to the legal supply of
books through libraries and online distributors. I also acquired data on its usage, so was able to
reconstruct some aspects of piratical demand. After a short introduction, in the first part of this essay I
will outline some of the main findings, and in the second part will situate the findings in the wider context
of the future of libraries.

Book pirates and shadow librarians
Book piracy has a fascinating history, tightly woven into the history of the printing press (Judge, 1934),
into the history of censorship (Wittmann, 2004), into the history of copyright (Bently, Davis, & Ginsburg,
2010; Bodó, 2011a) and into the history of European civilization (Johns, 2010). Book piracy, in the 21st or
in the mid-17th century is an act


e been able to outsmart any copyright enforcement effort (Bodó, forthcoming). As long as
it is not completely possible to eradicate file sharing technologies, and as long as there is a substantial
difference between what is legally available and what is in demand, cultural black markets will be here to
compete with and outcompete the established and recognized cultural intermediaries. Under this constant
existential threat, business models and institutions are forced to adapt, evolve or die.
After the music and audiovisual industries, now the book industry has to address the issue of piracy.
Piratical book distribution services are now in direct competition with the bookstore on the corner, the
used book stall on the sidewalk, they compete with the Amazons of the world and, like it or not, they
compete with libraries. There is, however, a significant difference between the book and the music
industries. The reluctance of music rights holders to listen to the demands of their customers caused little
damage beyond the markets of recorded music. Music rights holders controlled their own fates and those
who wanted to experiment with alternative forms of distribution had the chance to do so. But


d sufficient resources to sort out the legal issues soon had to abandon their programs
or put them on hold until the legal issues were sorted out.
There were, however, a large group of disenfranchised readers, library patrons, authors and users who
decided to ignore the legal problems and set out to build the best library that could possibly be built using
the digital technologies. Despite the increased awareness of rights holders to the issue of digital book
piracy, more and more communities around text collections started defy the legal constraints and to
operate and use more or less public piratical shadow libraries.

5

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

Aleph1
Aleph2 is a meta-library, and currently one of the biggest online piratical text collections on the internet.
The project started on a Russian bulletin board devoted to piracy in around 2008 as an effort to integrate
various free-floating text collections that circulated online, on optical media, on various public and private
ftp servers and on hard-drives. Its aim was to consolidate these separate text collections, many of which
were created in various Russian academic institutions, into a single, unified catalog, standardize the
technical aspects, add and correct missing or incorrect metadata, and offer the resulting catalogue,
computer code and the collection of files as an open infrastructure.

From Russia with love
It is by no means a mistake that Aleph was born in Russia. In post-Soviet Russia the unique constellation
of several different factors created the necessary conditions for the digital librarianship movement that
ultimately led to the development of Aleph. A rich literary legacy, the Soviet heritage, the pace with
which various copying technologies penetrated the market, the shortcomings of the legal environment and
the informal norms that stood in for the non-existent digital copyrights all contributed to the emergence of
the biggest piratical library in the history of mankind.
Russia cherishes a rich literary tradition, which suffered and endured extreme economic hardships and
political censorship during the Soviet period (Ermolaev, 1997; Friedberg, Watanabe, & Nakamoto, 1984;
Stelmakh, 2001). The political transformation in the early 1990’s liberated authors, publishers, librarians
and readers from much of the political oppression, but it did not solve the economic issues that stood in
the way of a healthy literary market. Disposable income was low, state subsidies were limited, the dire
economic situation created uncertainty in


ed up behind
corporate paywalls set up by publishers. He framed the unauthorized copying and transfer of scientific
works from closed access text repositories to public archives as a moral act, and by doing so, he created
an ideological framework which was more radical and promised to be more effective than either the
creative commons (Lessig, 2004) or the open access (Suber, 2013) movements that tried to address the
access to knowledge issues in a more copyright friendly manner. During interviews, the administrators of
Aleph used the very same arguments to justify the raison d'être of their piratical library. While it seems
that Aleph is the practical realization of Swartz’s ideas, it is hard to tell which served as an inspiration for
the other.
It was also in around the same time when another piratical library, gigapedia/library.nu started its
operation, focusing mostly on making freely available English language scientific works (Liang, 2012).
Until its legal troubles and subsequent shutdown in 2012, gigapedia/library.nu was the biggest English
language piratical scientific library on the internet amassing several hundred thousand books, including
high-quality proofs ready to print and low resolution scans possibly prepared by a student or a lecturer.
During 2012 the mostly Russian-language and natural sciences focused Alephs absorbed the English
language, social sciences rich gigapedia/library.nu, and with the subsequent shutdown of
gigapedia/library.nu Aleph became the center of the scientific shadow library ecosystem and community.

Aleph by numbers

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Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity:


ne to access without any restrictions. Everything else in and around Aleph stems
from this claim, as they replicate the open access logic in all the other aspects of Aleph’s operation. Aleph
uses the peer produced Open Library to fetch book metadata, it uses the bittorrent and ed2k P2P networks
to store and make books accessible, it uses Linux and MySQL to run its code, and it allows its users to
upload books and edit book metadata. As a consequence of its open source nature, anyone can contribute
to the project, and everyone can enjoy its benefits.
It is hard to quantify the impact of this piratical open access library on education, science and research in
various local contexts where Aleph is the prime source of otherwise inaccessible books. But it is
relatively easy to measure the consequences of openness at the level of the Aleph, the library. The
collection of Aleph was created mostly by those individuals and communities who decided to digitize
books by themselves for their own use. While any single individual is only capable of digitizing a few
books at the maximum, the small contributions quickly add up. To digitize the 1.15 million documents in
the Aleph collection would require an

 

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