runet in Bodo 2014
sands of books and millions of
journal articles. In this contribution we try to understand the factors that led to the development of
these sites, and the sociocultural and legal conditions that enable them to operate under hostile legal
and political conditions. Through the reconstruction of the micro-histories of peer produced online text
collections that played a central role in the history of RuNet, we are able to link the formal and informal
support for these sites to the specific conditions developed under the Soviet and post Soviet times.
(pirate) libraries on the net
The digitization and collection of texts was one of the very first activities enabled by computers. Project
Gutenberg, the first in line of digital libraries was established as early as 1971. By the early nineties, a
number
t to involve
major university publishers in particular. Under the injunction, the Library.nu adminstrators closed the
site. The collection disappeared and the community around it dispersed. (Liang, 2012)
Gigapedia’s collection was integrated into Aleph’s predominantly Russian language collection before the
shutdown, making Aleph the natural successor of Gigapedia/library.nu.
Libraries in the RuNet
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The search soon zeroed in on a number of sites with strong hints to their Russian origins. Sites like Aleph,
[sc], [fi], [os] are open, completely free to use, and each offers access to a catalog comparable to the late
Gigapedia’s.
The similarity of these seemingly distinct services is n
tantly, the informal practices that ensured the survival of
scholarship and literary traditions under hostile political and economic conditions. The prominent place
of Russian pirate libraries in the larger informal media economy—and of Russian piracy of music, film,
and other copyrighted work more generally—cannot be understood outside this history.
The emergence of DIY digital libraries in RuNet
The copying of censored and uncensored works (by hand, by typewriters, by photocopying or by
computers), the hoarding of copied texts, the buying and selling of books on the black market, and the
informal, peer-to-peer distribution of samizdat material were integral parts of the everyday experience
of much of educated Soviet and post-Soviet readers. The building and maintenance of individual
colle
f 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
e 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; Elst, 2005, p. 425). As a result, many argued (including the
Moscow prosecutor
vendors, and clearly were not among the
top priorities of the USTR. For most of the decade, the electronic availability of bestsellers and academic
textbooks was seen in the context of print substitution, rather than damage to the non-existent
electronic market. And though there is little direct indication, the Special 301 reports name sites which
(unlike lib.ru) were serving audiences beyond the RuNet, indicating that the focus of enforcement was
not to protect US interests in the Russian market, but to prevent sites based in Russia to cater for
demand in the high value 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
ubstitutes 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
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business purposes, which had marked the Russian IP regime throughout the decade (Sezneva &
Karaganis, 2011), slowly gave way to more uniform enforcement.
Closure of the Legal Regime
The legal, economic, and cultural conditions under which Aleph and its mirrors operate today are very
d
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