Earlier quoted context omitted.
>and the DOJ has done nothing against the AI companies and their IP violating antics. For good reason. Courts have so far ruled AI training is fair use, and it doesn't look likely to be overturned by the supreme court. Theres also the matter of some labs pirating books to get training data, which is illegal (they lost in civil court), but it's unclear whether that can be criminally prosecuted.
Okay, and? If anything, the Swartz case was even more direct fair use. There's very little to use JSTOR for which isn't some form of teaching, scholarship, or research! Clearly the fact that the end-use is (possibly) fair use isn't the only thing that matters.
He wasn't prosecuted for copyright infringement though.
>... was prosecuted for multiple violations of the Computer Fraud and Abuse Act of 1986 (CFAA),