It's not a fallacy, he's saying that its not the point. The question is why is this the crime? Matt Levine talks about insider trading a lot. He brings up the

It's not a fallacy, he's saying that its not the point. The question is why is this the crime? Matt Levine talks about insider trading a lot. He brings up the point that "it's not about fairness, its about theft". He approaches this much in the way. The crime that took place was against the schools. People misappropriated their property; the ability to trade access for money.