Christopher Kelty on the shutdown of library.nu:
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. 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).
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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?
I hope the judges in Munich are happy. The loss of library.nu is a serious blow to millions of people. The site was dedicated to sharing scholarly books, not bestsellers or music or videos. It was the way budding doctors, engineers, and sociologists all over the world could get access to the latest research, which otherwise would have been completely out of reach. If you visit the libraries of crowded state-run universities in the developing world, you generally see stack after stack of hopelessly outdated, yellowing books that are of no use to anyone. In fact, if you visit many German university libraries, you'll see the same thing.
Of course, allowing anyone to download books for free is not a long-term strategy. But considering academic publishers' opaque and often nonsensical pricing policies (Exhibit A could be the absurdly high price of my book), library.nu was an absolute necessity for worldwide learning. Academic publishers are routinely increasing the prices of their books and databases at a time when most university budgets are tighter than ever.
And, of course, there's going to be another library.nu somewhere soon. If you're doing research, you have three choices: (1) go without access to an expensive, important book because there's no accessible physical copy of it in your country; (2) wait for 2-3 weeks for it to arrive from interlibrary loan, or (3) get instant access to the very latest edition of the entire book in 20 seconds. In the form of a searchable .pdf. There is no contest. The demand for option #3 will soon kill off options 1 and 2 completely.
Of course, publishers could take advantage of this demand if they were willing to experiment with new business models and take some risks. But so far, it looks like they're relying on the courts to stand athwart history, yelling 'Stop!' -- something German courts, in particular, are only too eager to do (g). So the choice is, as it so often is, between exploitation and piracy. Of course, a better solution is to make the books available online for a reasonable fee, with discounts and concessions for libraries and students in developing countries. I'm not holding my breath.
Oh, and in the interest of full disclosure, I've visited library.nu several times, as have probably about 75% of all professors and students. And my book was available on the website, as well. I didn't put it there, but I also had no problem with it being there.
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