The shutdown of library.nu is creating a virtual showdown between would-be
learners and the publishing industry.

 

Los Angeles, CA – The shutdown of library.nu doesn’t bode well for those who
wish to learn, but can’t afford to pay for textbooks.

Last week a website called “library.nu” disappeared. A coalition of
international scholarly publishers accused the site of piracy and convinced
a judge in Munich to shut it down. Library.nu (formerly Gigapedia) had
offered, if the reports are to be believed, between 400,000 and a million
digital books for free. 

And not just any books - not romance novels or the latest best-sellers - but
scholarly books: textbooks, secondary treatises, obscure monographs,
biographical analyses, technical manuals, collections of cutting-edge
research in engineering, mathematics, biology, social science and
humanities.

The texts ranged from so-called "orphan works" (out-of-print, but still
copyrighted) to recent issues; from poorly scanned to expertly ripped; from
English to German to French to Spanish to Russian, with the occasional
Japanese or Chinese text. It was a remarkable effort of collective
connoisseurship. Even the pornography was scholarly: guidebooks and
scholarly books about the pornography industry. For a criminal underground
site to be mercifully free of pornography must alone count as a triumph of
civilisation.

To the publishing industry, this event was a victory in the campaign to
bring the unruly internet under some much-needed discipline. To many other
people - namely the users of the site - it was met with anger, sadness and
fatalism. But who were these sad criminals, these barbarians at the gates
ready to bring our information economy to its knees? 

They are students and scholars, from every corner of the planet.

 

Pirating to learn

“The world, it should not come as a surprise, is filled with people who want
desperately to learn.”

The world, it should not come as a surprise, is filled with people who want
desperately to learn. This is what our world should be filled with. This is
what scholars work hard to create: a world of reading, learning, thinking
and scholarship. The users of library.nu were would-be scholars: those in
the outer atmosphere of learning who wanted to know, argue, dispute,
experiment and write just as those in the universities do.

Maybe they were students once, but went on to find jobs and found families.
We made them in some cases - we gave them a four-year taste of the life of
the mind before sending them on their way with unsupportable loans. In other
cases, they made themselves, by hook or by crook.

So what does the shutdown of library.nu mean? The publishers think it is a
great success in the war on piracy; that it will lead to more revenue and
more control over who buys what, if not who reads what. The pirates - the
people who create and run such sites - think that shutting down library.nu
will only lead to a thousand more sites, stronger and better than before.

But both are missing the point: the global demand for learning and
scholarship is not being met by the contemporary publishing industry. It
cannot be, not with the current business models and the prices. The users of
library.nu - these barbarians at the gate of the publishing industry and the
university - are legion.

They live all over the world, but especially in Latin and South America, in
China, in Eastern Europe, in Africa and in India. It's hard to get accurate
numbers, but any perusal of the tweets mentioning library.nu or the comments
on blog posts about it reveal that the main users of the site are the global
middle class. They are not the truly poor, they are not slum-denizens or
rural poor - but nonetheless they do not have much money. They are the real
99 per cent (as compared to the Euro-American 1 per cent).

They may be scientists or scholars themselves: some work in schools,
universities or corporations, others are doubly outside of the elite learned
class - jobholders whose desire to learn is and will only ever be an
avocation. They are a global market engaged in what we in the elite
institutions of the world are otherwise telling them to do all the time:
educate yourself; become scholars and thinkers; read and think for
yourselves; bring civilisation, development and modernity to your people.

 

Sharing is caring

Library.nu was making that learning possible where publishers have not. It
made a good show of being a “book review” site – it was called library.nu
after all, and not “bookstore.nu”. It was not cluttered with advertisements,
nor did it “suggest” other books constantly. It gave straight answers to
straightforward searches, and provided user reviews of the 400,000 or more
books in the database.

It was only the fact that library.nu included a link to another site
(“sharehosting” sites like ifile.it, megaupload.com, or mediafire.com)
containing the complete version of a digital text that brought library.nu
into the realm of what passes for crime these days.

But the legality of library.nu is also not the issue: trading in scanned,
leaked or even properly purchased versions of digital books is thoroughly
illegal. This is so much the case that it can't be long before reading a
book – making an unauthorised copy in your brain – is also made illegal. 

But library.nu shared books; it did not sell them. If it made any money, it
was not from the texts themselves, but from advertising revenue. As with
Napster in 1999, library.nu was facilitating discovery: the ability to
search deeper and deeper into the musical or scholarly tastes fellow humans
and to discover their connections that no recommendation algorithm will ever
be able to make. In their effort to control this market, publishers
alongside the movie and music industry have been effectively criminalising
sharing, learning and creating – not stealing.

Users of library.nu did not have to upload texts to the site in order to use
it, but they were rewarded if they did. There were formal rules (and
informal ones, to be sure), concerning how one might “level up” in the
library.nu community. The site developed as websites do, adding features
here and there, and obviously expanding its infrastructure as necessary. The
administrators of the site maintained absolute control over who could
participate and who could not – no doubt in order to protect the site from
skulking FBI agents and enthusiastic newbies alike.

Even a casual observer could have seen that the frequent changes to the site
were the effects of the cat-and-mouse game underway as law authorities and
publishers sought to understand and eventually seek legal action against
this community. In the end, it was only by donating to the site that law
authorities discovered the real people behind the site - pirates too have
PayPal accounts.

 

Shutting down learning

The winter of 2012 has seen a series of assaults on file-sharing sites in
the wake of the failed SOPA and PIPA legislation. Mega-upload.com (the
brainchild of eccentric master pirate Kim Dotcom - he legally changed his
name in 2005) was seized by the US Department of Justice; torrent site
btjunkie.com voluntarily closed down for fear of litigation.

In the last few days before they closed for good, library.nu winked in and
out of existence, finally (and ironically), displayed a page saying "this
domain has been revoked by .nu domain" (the island nation of Niue). It
prominently displays a link to a book (on Amazon!) called Blue Latitudes,
about the voyage of Captain Cook. A story about that other kind of pirate
branches off here.

So what does the shutdown of library.nu mean? One thing it means is that
these barbarians - these pirates who are also scholars - are angry. We
scholars have long been singing the praises of education, learning, mutual
aid and the virtues of getting a good degree. We scholars have been telling
the world of desperate learners to do just what they are doing, if not in so
many terms. 

So there are a lot of angry young middle-class learners in the world this
month. Some are existentially angry about the injustice of this system, some
are pragmatically angry they must now spend $100 – if they even have that
much – on a textbook instead of on themselves or their friends.

All of them are angry that what looked to everyone like the new horizon of
learning - and the promise of the vaunted new digital economy – has just
disappeared behind the dark eclipse of a Munich judge’s cease and desist
order.

Writers and scholars in Europe and the US are complicit in the shutdown. The
publishing companies are protecting themselves and their profits, but they
do so with the assent, if not the active support, of those who still depend
on them. They are protecting us – we scholars – or so they say. These
barbarians – these desperate learners – are stealing our property and should
be made to pay for it.

 

Profiteering

In reality, however, the scholarly publishing industry has entered a phase
like the one the pharmaceutical industry entered in the 1990s, when
life-saving AIDS medicines were deliberately restricted to protect the
interests of pharmaceutical companies' patents and profits. 

The comparison is perhaps inflammatory; after all, scholarly monographs are
life-saving in only the most distant and abstract sense, but the situation
is - legally speaking - nearly identical. Library.nu is not unlike those
clever – and also illegal – local corporations in India and Africa who
created generic versions of AIDS medicines.

Why doesn't the publishing industry want these consumers? For one thing, the
US and European book-buying libraries have been willing pay the prices
necessary to keep the industry happy – and not just happy, in many cases
obscenely profitable.

Rather than provide our work at cheap enough prices that anyone in the world
might purchase, they have taken the opposite route – making the prices
higher and higher until only very rich institutions can afford them.
Scholarly publishers have made the trade-off between offering a very low
price to a very large market or a very high price to a very small market.

But here is the rub: books and their scholars are the losers in this
trade-off - especially cutting edge research from the best institutions in
the world. The publishing industry we have today cannot – or will not –
deliver our books to this enormous global market of people who desperately
want to read them.

Instead, they print a handful of copies – less than 100, often – and sell
them to libraries for hundreds of dollars each. When they do offer digital
versions, they are so wrapped up in restrictions and encumbrances and
licencing terms as to make using them supremely frustrating. 

To make matters worse, our university libraries can no longer afford to buy
these books and journals; and our few bookstores are no longer willing to
carry them. So the result is that most of our best scholarship is being shot
into some publisher's black hole where it will never escape. That is, until
library.nu and its successors make it available. 

What these sites represent most clearly is a viable route towards education
and learning for vast numbers of people around the world. The question it
raises is: on which side of this battle do European and American scholars
want to be?

 

Christopher M. Kelty is an Associate Professor of Information Studies and
Anthropology at the University of California, Los Angeles.

He is the author of “Two Bits: The Cultural Significance of Free Software”.

The views expressed in this article are the author's own and do not
necessarily reflect Al Jazeera’s editorial policy.

 

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