Aaron Swartz was offered less than a year in prison

On March 14, 2013, in General, by Neil Stevens
Aaron Swartz

Aaron Swartz committed a modern crime: he unlawfully used the MIT computer network, automated the download of many, many copyrighted works from JSTOR, and then infringed on the copyrights of those works by engaging in mass redistribution.

Swartz then, to the great sadness of those who knew him, killed himself rather than face possibly decades in federal prison. That act has infused the entire situation with great emotion, driving left-libertarians out to campaign against copyright. It’s also encouraged some on the right to make the best argument there was against the Swartz prosecution: that it was a case of an overzealous government official seeking to destroy a person, as an example or a feather in a cap.

It turns out that wasn’t the case at all, though. It turns out Aaron Swartz was the only one looking to make an example out of Aaron Swartz.

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Tech at Night

So even as Eric Holder is pushing back against the Weekend at Bernies-ification of Aaron Swartz, the man who committed premeditated crimes (as the puppet on the strings of the callous Larry Lessig, perhaps?), was caught, and was getting prosecuted for his high-profile sabotage of one of America’s leading academic institutions. It’s rare that you’ll see writers at RedState agree with that guy, but Moe is pushing back against the excesses of the Swartz defenders as well, and I pretty much agree with Moe.

Guys, if you want to push an anarchic anti-copyright agenda, do so on its own merits, as Joe Karaganis does. Don’t use the corpse of a suicide to do so.

There is room for IP reform in America, with excesses like the Sonny Bono act in the picture, and odd situations where Frito Lay can use patent and trade dress, two distinct concepts, to attack the same competitor. But the Swartz fan club is as auto-discrediting as the Sacco and Vanzetti crowd ended up being.

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Tech at Night

The UN’s WIPO is an established, but controversial, arbiter of Internet domain name/trademark disputes. So I find it absolutely hilarious that Ron Paul is using it to go after his own supporters. This is even sillier than Hasbro shutting down My Little Pony: Fighting is Magic, the game that raised thousands of dollars for cancer research.

Just because we have the right to do something, it doesn’t mean that it is right to do that thing. Sometimes exerting your rights to their fullest extent just isn’t the right thing to do, and some sort of solution should be found that’s win-win. Especially when we’re raising money for cancer, as in the case of MLP: Fighting is Magic in the Evo contest.

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Tech at Night

Hey Mark Cuban: We both know that when Obama signed the American Invents Act, crushing small businesses was a feature, since it meant a) more work for lawyers who backed the bill and b) easier competition for the big businesses who backed the bill.

I see the vultures using Aaron Swartz’s dead body for political purposes are now going full Weekend at Bernie’s on this. It’s amazing.

And yet nobody reconciles the Democrat outrage at this, with Democrat plans to ignore the Constitution and use Executive Orders on cybersecurity. If we allow stuff like what Swartz did, we’re letting cybersecurity threats go unpunished, sorry.

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Tech at Night

Remember when they told you Net Neutrality was needed? Remember when we said it was really about favoring online firms over telecoms? Told you so, told you so, told you so. Netflix now blocking select ISPs, trying to use market power in order to bully their way to sweetheart bandwidth deals, knowing ISPs can’t fight back under Net Neut regs, aka the Open Internet order.

PS Told you so.

It remains ridiculous that the Aaron Swarz suicide continues be politicized to the point that we’re putting innocent prosecutors under pressure, pressure that defies cross-examination due to the death of the key witness.

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Tech at Night

An activist is dead, by his own choice. He also chose to commit crimes to push his agenda. Nobody denies he did it. They only deny that he should have been prosecuted.

I can understand the man’s family and friends feeling grief, and lashing out. But for anyone else to attempt to use this event to push an agenda, discredits his agenda. If you need to use the suicide of a criminal in order to advance your policy goals like a vulture, your policy goals probably don’t have much going for them.

And that’s all I have to say about that for now.

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Tech at Night

Frogmarch watch continues. Even as Anonymous has desperately tried to enlist unions into its anti-Paypal Jihad, Paypal funnels information to law enforcement to help catch the terrorists. I don’s use that word lightly, either. But when the gang is attempting to intimidate law enforcement, possibly as an answer to another high-profile arrest, I believe Anonymous and its subsidiaries like Lulzsec and Antisec have leapt far over the line between “online terrorist” and just plan “terrorist.”

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Tech at Night

Twitter has a credibility problem on its hands, all of a sudden. Even as I’m getting blind link spam sent to me every single day on the site, Twitter has singled out a conservative activist group to have its accounts wiped out. Not only was the Empower Texans feed shut down, but every single employee’s personal feed was targeted as well.

Twitter’s response has been non-descriptive, and lacking in any support. Conveniently for Twitter, by blocking the accounts, it’s impossible for any observer to confirm or deny their allegations of Twitter rules violations. I can only conclude, in the absence of evidence, that somebody in Twitter has decided to get political. And that is Twitter’s problem to fix.

Follow FreeMQS for further developments. Update: Actually, don’t. I was misinformed on this one as the story developed last night.

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Nima Jooyandeh facts.