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I think you're going for the low hanging fruit by judging HN that way. The more interesting thing is that the majority of comments are shocked by the 7 year sen
by verylittlemeat 9y ago
I think you're going for the low hanging fruit by judging HN that way. The more interesting thing is that the majority of comments are shocked by the 7 year sentence rather than the minority who think he was "an ok guy."
I keep seeing this naive understanding of the law over and over again in tech circles. The justice system is made up of several people with a ton of leeway on how laws are applied. The letter of the law is just a small part of what "illegal" means. Being clever or cute about only breaking the spirit of the law will not save you in court, in fact many times trying to only break the spirit is what will get you convicted on the letter of the law. I hate to say it but I think Aaron Schwartz fell victim to this fallacy and in recent memory so did those flight sim guys who put a keylogger in pirated software.
I've spent a lot of time around lawyers and judges and I can tell you they have absolutely no tolerance for the kind of "well, actually" smart-asses that the tech community excels at churning out.
edit: I just want to add this exchange from the movie Blow which I think really sums up how I feel about the whole thing.
>Judge: George Jung, you stand accused of possession of six hundred and sixty pounds of marijuana with intent to distribute. How do you plead?
>George: Your honor, I'd like to say a few words to the court if I may.
>Judge: Well, you're gonna have to stop slouching and stand up to address this court, sir.
>George: [stands] Alright. Well, in all honesty, I don't feel that what I've done is a crime. And I think it's illogical and irresponsible for you to sentence me to prison. Because, when you think about it, what did I really do? I crossed an imaginary line with a bunch of plants. I mean, you say I'm an outlaw, you say I'm a thief, but where's the Christmas dinner for the people on relief? Huh? You say you're looking for someone who's never weak but always strong, to gather flowers constantly whether you are right or wrong, someone to open each and every door, but it ain't me, babe, huh? No, no, no, it ain't me, babe. It ain't me you're looking for, babe. You follow?
>Judge: Yeah... Gosh, you know, your concepts are really interesting, Mister Jung.
>George: Thank you.
>Judge: Unfortunately for you, the line you crossed was real and the plants you brought with you were illegal, so your bail is twenty thousand dollars.
- DoreenMichele 9y agoI can tell you have they have absolutely no tolerance for the kind of "well, actually" smart-asses that the tech community excels at churning out. Or perhaps it merely attracts them.
- verylittlemeat 9y agoIt certainly doesn't help. A web designer wouldn't like being told by a lawyer what their job entails either. When you're dealing with professional egos sometimes it pays to tread lightly. Shkreli learned this the hard way.
- Meekro 9y ago> I've spent a lot of time around lawyers and judges and I can tell you they have absolutely no tolerance for the kind of "well, actually" smart-asses that the tech community excels at churning out. It sounds like the smart-asses' only mistake is thinking that the same clever lawyering that protects the rich and powerful will work for them as well. The guys who put a keylogger in pirated software were in the wrong, but after seeing Sony do basically the same thing and get away with it[1], I can see how they might think that courts will give you a free pass if you come up with some loophole or something. Martin Shkreli, like the rest of us, has no-doubt seen the rich and powerful flout the law and walk away clean after invoking some ridiculous legalism. Then he got rich, and figured he could do the same. Turns out that he's either not rich enough yet, or power flows from something other than money. [1] https://en.wikipedia.org/wiki/Sony_BMG_copy_protection_rootkit_scandal https://en.wikipedia.org/wiki/Sony_BMG_copy_protection_rootk...
- fwdpropaganda 9y ago> I've spent a lot of time around lawyers and judges and I can tell you they have absolutely no tolerance for the kind of "well, actually" smart-asses that the tech community excels at churning out. It's really satisfying when someone articulates so well that nagging sensation that you've had for a long time but failed to expressed. Like scratching an itch. Thank you.