Knowledge is power. Therefore, free, unimpeded access to information is an inherently political issue.
Unless you keep pretty up to date with the tech community and the news that surrounds its activities, you may not know who Aaron Swartz was. On the other hand, if you were paying attention to US news in the early months of 2013, it’s possible that you do. In January of that year, Swartz was found dead in his apartment; he had apparently hanged himself. He had helped to establish the Creative Commons, and was one of the three founders of Reddit, amongst many other projects. At the time of his death, he had been indicted by the FBI under the Computer Fraud and Abuse Act, and was facing up to ninety-five years in prison. His alleged crime involved downloading millions of articles from JSTOR, a database for academic papers. The FBI was convinced that he had intended to distribute them widely, and saw this as an infringement not only of JSTOR’s terms of service, but of US intellectual property law. Swartz, and the people he had spent most of his twenty-six years talking to and working with, believed that his action was a necessary step towards creating open access libraries, so that everyone—not just the people who could afford incredibly pricy journal subscriptions—could benefit from the work of publicly funded academics; that there was, in Swartz’s own words, “no justice in obeying unjust laws”, and that American copyright laws were fundamentally unjust and geared towards protecting corporations instead of empowering citizens. In The Idealist, Justin Peters sets out to explain not only why Swartz’s death was an unnecessary tragedy caused in large part by the state’s determination to hound him, but also the history and the rationale of the ideas he was fighting for in the first place.
It is outrageously informative on that history. Peters starts with the first legal battle over copyright in the United States: that of Noah Webster to protect his spelling textbook of 1783, A Grammatical Institute of the English Language, from piracy. Webster wrote this textbook out of a sense of national pride, a desire to eradicate class divisions by giving poorer colonials a set of linguistic standards which would make them sound less like illiterate rustics. By doing this, Webster laid the foundation for arguments both for and against copyright provision for the next two hundred-odd years: the speed and ease with which information can be disseminated and/or acquired was subsequently framed in terms of public benefit. The question, in other words, has almost always been: Is it more or less advantageous to the general public to expand the public domain? Will it cause American creativity to flourish, or decline? Will access to literature and culture inspire people, or make them complacent? And—tacit but omnipresent in these discussions—how do you ensure that the rights of the creator are not simply a proxy for the rights of the corporation that distributes their work?
Amazingly, it has frequently been argued that it is in fact disadvantageous to the public to expand the public domain. Those of us who work, or want to work, as creatives can kind of see the point when it’s expressed the way it was in a Senate Judiciary Committee hearing:
“Every time a Napster enthusiast downloads a song, it takes money from the pockets of all these members of the creative community,” Ulrich said, remarking that the “touted new paradigm that the Internet gurus tell us we must adopt sounds to me like good old-fashioned trafficking in stolen goods.”
(That’s Larry Ulrich, the drummer from Metallica.)
As we all know, this attitude served the music industry extremely poorly. One of the great virtues of Justin Peters’s writing is that he assumes his readers are bright but not experts—possibly not surprising given his background as a journalist for Slate—and I found him a particularly effective guide when he was explaining things like why the music industry failed so badly:
…[The] mainstream culture industries operate on a mildly coercive ‘push marketing’ model in which companies use advertising and promotions to create consumer demand for the products they want to sell, and the formats in which they want to sell them. Online file sharing repudiates ‘push marketing’ by allowing consumers to unilaterally decide what they want to consume and how they want to do so. As file sharing grew ever more popular in the early 2000s, bringing with it potential opportunities for new, collaborative models of marketing and production, the culture industries instead focused almost wholly on ways to regain their lost control.
This piece of explanation is equally useful when applied to the large academic and journal publishers whom Swartz was targeting when he started crawling JSTOR. I used to work for one—Taylor and Francis, which has recently acquired Elsevier, the main target of Swartz’s, and Peters’s, frustration—and it is a little alarming to realise just how blithely I accepted the idea that subscriptions to these services ought to be paid for. Consider this:
Tens of thousands of scholarly journals exist, and since the 1970s their subscription prices have risen at a rate higher than the rate of inflation […] but academic libraries are, more or less, compelled to subscribe. Every professor expects to find his specialization’s academic journal on the library’s shelves. Thus, many academic libraries wind up spending the bulk of their yearly acquisitions budgets on journal subscriptions.
That’s assuming that a library has a meaningful acquisitions budget at all. Many of them do not—or, at least, don’t have much of one. This plight is especially common in underdeveloped countries, where librarians have enough trouble keeping their computers on […] The result is an ever-widening gap between rich institutions and poor ones.
(A footnote to this section gives an example: as of two years ago, a print subscription to the journal Applied Surface Science cost institutions $12,471 per year.)
Online content distribution was meant to be a partial solution to this. JSTOR, however—the biggest online database of this kind of academic material in the world—struck a deal with publishers when it was first founded, promising that they wouldn’t lose out on potential profits by allowing JSTOR to collect their journals content. The result is that libraries still have to pay annual subscription fees, which are still prohibitively high, and access has not appreciably widened in any way. Meanwhile, the work of academics becomes commoditised—which really is not the point of academia, where you work on arcane and often expensive projects subsidised by benevolent instutitions and sometimes governments with the tacit understanding that whatever you find out will be freely shared for mankind’s general benefit—and, moreover, that commoditisation works only to enrich their publishers, not the academics themselves. It’s a system that screws almost everyone.
Peters’s book works so well because he spends a lot of time getting the reader up to speed on the debates behind these issues. It is not, however, solely a history; it is also a biography of Aaron Swartz, who conformed in many ways to the stereotypical image we might have of a hacker or a nerd. Though he was a brilliant, articulate thinker, and a talented programmer—he was contributing extensively to mailing lists by the time he hit eighth grade, and was a major player in the launch of the Creative Commons at the age of fifteen—he was also profoundly disdainful of authority. He refused to attend high school past tenth grade, and instead took classes at a local college. He had terrible body image and self-esteem issues, which manifested in eating rituals and a series of “cleansing” diets which terrified his friends. Photographs suggest a sweet, slightly diffident young man, but he was also known for getting straight to the heart of a problem, without anything like tact or diplomacy. He was desperately afraid of being seen as dependent or emotional. Asking for help, of any kind, from anyone, was his worst nightmare. He suffered from chronic depression. And, perhaps most damningly, his convictions led him to make statements about the duty of the hacker-citizen to liberate information. Much of Swartz’s clash with the FBI was exacerbated by this sort of personality baggage; he looked like what the government thought of as a bad guy.
“Looks like he is a big hacker, i googled him,” was one MIT police officer’s response upon Swartz’s arrest. Not Reddit cofounder; not Open Library architect; not computer prodigy or applied sociologist or Harvard affiliate or any of the other lines on his résumé. A big hacker.
And, before the FBI, Swartz’s brilliance and his privilege—he grew up in Highland Park, a wealthy suburb of Chicago; he was exposed to computers from a very young age, having a father in the industry (Robert Swartz eventually worked as a consultant for MIT); he had the wealth and the support to enable him to drop out of schools, universities and workplaces when he found them too restrictive—caused problems too. There’s a reason the book’s title is The Idealist, and reasons why idealism is often, definitively, impractical. If you’re reading this as someone who tries to make a living by writing, you’ll probably already have thought of some good reasons for reasonably strong copyright laws. Another perspective comes from a librarian at UNC Chapel Hill with the splendidly mediaeval name of Bess Sadler, who approved of Swartz’s aims but, like most of the rest of us, had to live in the real world:
“I thought he was ethically right, but I was unwilling to put my own livelihood on the line with such strong statements [as Swartz’s Guerrilla Open Access Manifesto]… A librarian who issued a manifesto like that would be unemployable, and that’s something that should give us all pause.”
Which is not to say that it’s not a good idea, or that we shouldn’t strive for a world where creators and their work are sufficiently valued that they can easily afford to be generous, as people who contribute to free and open-source software very frequently are. (This isn’t to say that all F/OSS contributors are wildly wealthy. Michael Hart, the founder of Project Gutenberg, was a mercurial megalomaniac who spent most of the ’80s living on a mattress in Urbana, Illinois, living off the rent paid to him by various lodgers. Modern house price absurdity—amongst other things—has made this strategy difficult for most young creators, though. It’s much more tempting to make your money in start-ups or industry first, and be ethical when you can afford to be.)
I could go on, and I probably will in bits and pieces, because this book is probably the single most important one I’ll read all year in terms of informing and challenging my ideas about power, information, and how technology should be used. It’s currently in vogue to encourage doom-mongering about the Internet: mainstream media reports often imply that it’s causing impotence, or school shootings, or apathy, or obesity, or bigotry, or festering hatred. It does these things, sometimes (hello, Breitbart! Hey there, 4chan! And Gamergate, and Twitter Support; I see you too!) But you don’t have to believe that, ultimately, that’s all the Internet is good for. It was first designed and used by people who wanted to build an infinite library. And that, bookish chums, is an ideal worth hanging on to.
Many, many thanks to Thogdin Ripley (another excellent name) at Duckworth Overlook for the review copy. The Idealist was published in the UK on 23 March.