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American librarians helped defeat the Nazis
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Re: American librarians helped defeat the Nazis
#12Re: American librarians helped defeat the Nazis
#13Re: American librarians helped defeat the Nazis
#14[flagged]
Re: American librarians helped defeat the Nazis
#15Slashdot comment, 1/22/2013: "MIT Warned of a JSTOR Death Sentence Due To Swartz" [0]
citing NYT "How M.I.T. Ensnared a Hacker, Bucking a Freewheeling Culture" [1].
If JSTOR reputation-washing itself by indirectly claiming a tiny responsibility for the actions of librarians in WWII is on-topic here, half a century before JSTOR existed, then JSTOR's involvement in the Swartz case in 2013 must be.
[0]: https://yro.slashdot.org/story/13/01/22/0219224/mit-warned-o...
[1]: https://www.nytimes.com/2013/01/21/technology/how-mit-ensnar...
Re: American librarians helped defeat the Nazis
#16I don't understand why mentions of JSTOR's involvement in the massive overcharge of Aaron Swartz that led to his suicide are being removed here (please explain why), and why the matter was ever treated as a (state + federal) criminal matter involving MIT, rather than a private civil matter between Swartz and the alleged rights holders. Here is the NYT's reporting: Slashdot comment, 1/22/2013: "MIT Warned of a JSTOR D…
I'm not any category of credentialed legal expert, and I haven't had the heart to dig into the gory details of this particular disaster, but I'd point at the No Electronic Theft ("NET") Act. This legislation broadened the category of criminal copyright infringement to an almost absurd degree, redefining "commercial advantage" to include the mere expectation of others reciprocating by sharing their own stashes of infringing material.
Re: American librarians helped defeat the Nazis
#17I don't understand why mentions of JSTOR's involvement in the massive overcharge of Aaron Swartz that led to his suicide are being removed here (please explain why), and why the matter was ever treated as a (state + federal) criminal matter involving MIT, rather than a private civil matter between Swartz and the alleged rights holders. Here is the NYT's reporting: Slashdot comment, 1/22/2013: "MIT Warned of a JSTOR D…
> why the matter was ever treated as a criminal matter I'm not any category of credentialed legal expert, and I haven't had the heart to dig into the gory details of this particular disaster, but I'd point at the No Electronic Theft ("NET") Act. This legislation broadened the category of criminal copyright infringement to an almost absurd degree, redefining "commercial advantage" to include the mere expectation of ot…
In particular after state and federal prosecutors went berserk and MIT admin didn't push back in the name of these same freedoms that JSTOR is telling us were so beloved and apple-pie back in WWII. It's not like JSTOR publicly said "This federal criminal indictment is massive overreaction; not in our name". It's a matter of record that JSTOR executives were threatening MIT.
Swartz was (criminally) charged with up to 35 years in prison, to be followed by three years of supervised release, restitution, forfeiture and a fine of up to $1 million(!) [0]. Harsher than many indictments for cases of terrorism or mass murder. For something that may well not even have been a criminal act. By a group of people who may well not even have been the actual rights holders - that claim never saw the inside of a courtroon since the massive overcharge made it unlikely that Swartz would contest; and in fact it caused him to commit suicide.
[0]: https://en.wikipedia.org/wiki/United_States_v._Swartz#Federa...
Re: American librarians helped defeat the Nazis
#18I don't understand why mentions of JSTOR's involvement in the massive overcharge of Aaron Swartz that led to his suicide are being removed here (please explain why), and why the matter was ever treated as a (state + federal) criminal matter involving MIT, rather than a private civil matter between Swartz and the alleged rights holders. Here is the NYT's reporting: Slashdot comment, 1/22/2013: "MIT Warned of a JSTOR D…
Re: American librarians helped defeat the Nazis
#19Earlier quoted context omitted.
> why the matter was ever treated as a criminal matter I'm not any category of credentialed legal expert, and I haven't had the heart to dig into the gory details of this particular disaster, but I'd point at the No Electronic Theft ("NET") Act. This legislation broadened the category of criminal copyright infringement to an almost absurd degree, redefining "commercial advantage" to include the mere expectation of ot…
But we're talking about JSTOR's behavior and reputation here, not the legalities, which have been discussed many times (although not tested in courts). In particular after state and federal prosecutors went berserk and MIT admin didn't push back in the name of these same freedoms that JSTOR is telling us were so beloved and apple-pie back in WWII. It's not like JSTOR publicly said "This federal criminal indictment is…
Re: American librarians helped defeat the Nazis
#20Earlier quoted context omitted.
But we're talking about JSTOR's behavior and reputation here, not the legalities, which have been discussed many times (although not tested in courts). In particular after state and federal prosecutors went berserk and MIT admin didn't push back in the name of these same freedoms that JSTOR is telling us were so beloved and apple-pie back in WWII. It's not like JSTOR publicly said "This federal criminal indictment is…
I don't disagree with you overall; I was just trying to seek out the point where it jumped the gap between civil and criminal processes. I suppose that the NET Act sticks in my mind because it was probably the first legislation I read that shocked me with how blatant the disconnect was between legal and practical definitions of terms.
(The No Electronic Theft ("NET") Act (1997) was introduced by Bob Goodlatte (R-VA), whose big donors include media rights holders and law firms and their PACs [0]. And that legislation was brought specifically to "remedy" the inability to criminally prosecute non-commercial infringements in the 1994 LaMacchia case [1][2], although that was about a warez bulletin-board of commercial software, not published academic papers. The NET Act amended the definition of "commercial advantage or private financial gain" to include the "receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works" (still not seeing any of that applied to Swartz, but they would have cheerfully bankrupted him fighting it, and destroyed his life if they'd won an adverse ruling).
But now, back to JSTOR's behavior and reputation.
[0]: Bob Goodlatte Representative (R-VA) | Donor Summary https://www.opensecrets.org/members-of-congress/bob-goodlatt...
[1]: "United States v. LaMacchia" (1994) https://en.wikipedia.org/wiki/United_States_v._LaMacchia
[2]: "Before there was Aaron Swartz, there was David LaMacchia" https://news.ycombinator.com/item?id=5143897