DEAD. Murder? usa internet LAW REFORM REQUIRED!

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消息 1328353 - 发表于:17 Jan 2013, 19:14:45 UTC - 回复消息 1328337.  

For the sake of academic papers that are supposed to be publicly available in the first place!

Says Martin and Swartz. US Copyright Office certified they were not publicly available. Penal code says you don't use someone's computer without permission. Martin, do you want unauthorized use on your computer?

Don't do the crime if you can't do the time.


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消息 1328337 - 发表于:17 Jan 2013, 18:19:55 UTC - 回复消息 1328248.  
最近的修改日期:17 Jan 2013, 18:21:24 UTC

... I admit the penaltys were to harsh, But he needed more than a slap on the hand too.

THIRTY FIVE YEARS too harsh? For the sake of academic papers that are supposed to be publicly available in the first place!


Why not chop off limbs and decapitate and be done?...

Sounds like some in the USA are making a fast buck at going Biblical with their bullying threats...


All still highly disproportionate and it understandably drove the victim to suicide. Meanwhile, the perpetrators get their pay checks for being unscrupulously OTT nasty...

Whichever way you look at the circumstances, the proceedings were way way OTT.

Only in the USA...

Dismayed,
Martin


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消息 1328248 - 发表于:17 Jan 2013, 12:46:55 UTC

... Free access to academic research – the system Mr Swartz advocated – could bring public benefits. It would enable anyone to read, analyse and build upon privately and publicly funded research. However, someone would still need to pay for it and the costs to universities such as MIT and Oxford would rise, not fall.


Why would any private funded research want their work downloaded with out permission and freely given to anyone who wants it. That sure sounds like stealing to me.

And it sounds like Mr Swartz was more of a renegade advocate than Just a man with lofty goals.

Big deal he gave the stuff back. Maybe I can download all your bank accounts and passwords and pin numbers to credit cards. Then copy all that stuff to another Russian website, But I will give you back the CD I used to download it.

Im sorry but hes was a internet thief. If he didnt get permission to do what he did. Then hes guilty.

I admit the penaltys were to harsh, But he needed more than a slap on the hand too.
[/quote]

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消息 1328189 - 发表于:17 Jan 2013, 6:13:19 UTC - 回复消息 1328116.  

... exploited the electronic network of the Massachusetts Institute of Technology to download most of the database of Jstor, a non-profit group that digitises academic journals and articles. He did not share or sell the material – he later handed it back

So it is okay if you shoplift but give it back to the store after you leave the store.

Don't do the crime if you can't do the time ...

BTW, did he pay them back for the data charges they had to pay for the bandwidth? Did he pay them back for the increased electricity costs to keep the hard drives spinning? Everyone here should remember that was a key item in the flap over NEZ.


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消息 1328116 - 发表于:17 Jan 2013, 0:37:42 UTC

So, as further details trickle out, the story gets worse:


Aaron Swartz’s illusion over research

The death of the internet activist Aaron Swartz at the age of 26 has rightly evoked tributes to his creativity and selflessness. Swartz, who faced jail for illegally downloading millions of academic papers from an electronic library, committed suicide last week.

... exploited the electronic network of the Massachusetts Institute of Technology to download most of the database of Jstor, a non-profit group that digitises academic journals and articles. He did not share or sell the material – he later handed it back – but prosecutors took...

... Free access to academic research – the system Mr Swartz advocated – could bring public benefits. It would enable anyone to read, analyse and build upon privately and publicly funded research. However, someone would still need to pay for it and the costs to universities such as MIT and Oxford would rise, not fall.

Critics of the current system, under which research libraries pay up to $50,000 annually to use online databases, tend to blame profiteering by companies such as Reed Elsevier and Springer for this cost. George Monbiot, the activist and Guardian writer, describes it as “pure rentier capitalism”, arguing that people should “throw off these parasitic overlords and liberate the research that belongs to us”.

Allied to this is the belief that publishing costs have fallen heavily in the shift from print to digital. ...



So... Driven to suicide with the threat of a multimillion $ fine and decades imprisonment, when after all nothing had actually been 'lost'!


To use a crass term: I rest my case.

Disgusted! All in the USA?...
Martin


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消息 1328104 - 发表于:16 Jan 2013, 23:45:28 UTC - 回复消息 1328001.  

Only in the USA?...

Dismayed,
Martin

Would have received a +1 but for the above.....

It's also happening here & in Europe.

Your examples for something so trivial initiating such dire extraordinary threats of punitive 'justice'?


Another that comes to mind is that recently of Gary McKinnon:

... If extradited to the US and charged, McKinnon would face up to 70 years in jail. He has expressed fears that he could be sent to Guantanamo Bay...


That example of persecution was strung out over about ten years and sent the victim suicidal. Again, prosecuted by some very zealous 'lawyers' hiding in the USA...


What and who next?

All in the USA...

Dismayed,
Martin



Sorry I bash the US of A when its deserved & compliment also when its deserved. Your statement about "over zealous lawyers hiding in the USA" is insulting even though it may be true!

Does the name "Theresa May" ring a bell with you? Those very same lawyers wouldn't have had a leg to stand on if she did her job correctly!
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消息 1328063 - 发表于:16 Jan 2013, 20:41:14 UTC - 回复消息 1328003.  

Was it copyrighted?


If you can't do the time, don't do the crime.


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消息 1328003 - 发表于:16 Jan 2013, 17:48:02 UTC

Was it copyrighted?
[/quote]

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消息 1328001 - 发表于:16 Jan 2013, 17:45:31 UTC - 回复消息 1327977.  
最近的修改日期:16 Jan 2013, 17:47:19 UTC

Only in the USA?...

Dismayed,
Martin

Would have received a +1 but for the above.....

It's also happening here & in Europe.

Your examples for something so trivial initiating such dire extraordinary threats of punitive 'justice'?


Another that comes to mind is that recently of Gary McKinnon:

... If extradited to the US and charged, McKinnon would face up to 70 years in jail. He has expressed fears that he could be sent to Guantanamo Bay...


That example of persecution was strung out over about ten years and sent the victim suicidal. Again, prosecuted by some very zealous 'lawyers' hiding in the USA...


What and who next?

All in the USA...

Dismayed,
Martin
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消息 1327977 - 发表于:16 Jan 2013, 17:00:15 UTC - 回复消息 1327908.  



Only in the USA?...

Dismayed,
Martin


Would have received a +1 but for the above.....

It's also happening here & in Europe.
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消息 1327908 - 发表于:16 Jan 2013, 12:47:03 UTC
最近的修改日期:16 Jan 2013, 12:52:13 UTC

A very sad final end to some very overly heavy handed bullying:


Calls for internet law reform and open access after activist suicide

The funeral of Aaron Swartz, the 26-year-old internet activist who killed himself last week, is taking place today. The activist's death has led to calls for reform of internet law and more open access to publicly held information. ...

The felony charges could have led to thirty-five years in prison. [!] ...

... Many feel that the threat of decades in jail may have contributed to Swartz's state of mind [Ya don't say!!?]...

... The Electronic Frontier Foundation says the case: "shines a spotlight on profound flaws in the Computer Fraud and Abuse Act (CFAA)". It points out that the law is so vaguely worded that it allows prosecutors to charge violations of terms of service as criminal acts... include punishments ranging "up to ten years, twenty years or even life in prison"...

... Swartz, who was a co-creator of the RSS 1.0 specification and co-founder of Reddit...

... On Twitter, the #pdftribute hashtag has emerged as part of the open access movement's response to Swartz's death. Academics and other writers are asked to publish their papers and make them available by tweeting a URL to retrieve them with #pdftribute. ...



Aaron Swartz was 'killed by the government,' father tells mourners

... “He was killed by the government, and MIT betrayed all of its basic principles,” he said.

Facing the possibility of a long prison sentence if convicted of charges that he illegally downloaded millions of academic journal articles, Swartz hanged himself in his New York apartment Friday. The death of one of the founders of news and entertainment website Reddit and a longtime activist for an open Internet has ignited outrage among many in the electronic community who view him as a martyr to government prosecution. ...

... “His suicide followed an over-zealous prosecution for a crime with no victims...

... “Steve Heymann had shown no interest in justice,” Swartz’s girlfriend, Taren Stinebrickner-Kauffman, 31, told the Los Angeles Times on Monday. “His only interest was a notch on his belt, another young kid he could claim to put away. But I think as the case wore on, as it became clearer how weak his case was, he became more and more of a bully.”

She added, “I also hope that, frankly, Steve Heymann should lose his job. Aaron’s not the first person he’s tried to do this to. And MIT needs to implement serious policy changes, because MIT could have stopped this. They could have stopped this cold in its tracks...

... MIT contributed to his death. The U.S. attorney’s office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims.”

MIT President L. Rafael Reif announced Sunday that he was ordering a review of the university’s actions in the case. “Now is a time for everyone involved to reflect on their actions, and that includes all of us at MIT,” Reif said in an email to the university community. ...



Nasty bullying stuff where the perpetrators should not be able to claim that they were 'just doing their job'...

In this case, looks like the threat of 35 years in jail did really mean, LIFE.


The really stupid aspect of all this is the fantastically disproportionate threat and persecution when the academic publications concerned are supposed to be freely available to the community in any case!

Is there a crime of fatally vexatious prosecution?...


Only in the USA?...

Dismayed,
Martin
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