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I'm not sure about that. I'd think you'd be breaking the TOS by mass downloading all papers. Certainly, putting them on the internet after the fact isn't legal.

• teddyh 7y ago
  > I'd think you'd be breaking the TOS by mass downloading all papers. Still not a breach of copyright, and not even a crime, I believe. > Certainly, putting them on the internet after the fact isn't legal. But he didn’t do that. He may very well have planned to do that, but he never did, and this was never a factor in the case against him, IIRC.
  • amyjess 7y ago
    Violation of TOS is trespassing on private property. You are only allowed to access someone's private property under a particular set of conditions, and Swartz violated those conditions. What really did him in was that he went out of his way to use an alternative means of access _after_ being kicked off. He knowingly trespassed again after being told that he wasn't welcome, which completely obliterates any defense of "I didn't know what I was doing wasn't allowed".
• danesparza 7y ago
  "Terms of service" is not copyright infringement. Especially when when dealing with public records.
• baybal2 7y ago
  > breaking the TOS by mass downloading all papers If you watched the case, even that point was nearing defeat. The TOS they cited were pulled and inspected. Really, nowhere there the "oblige to not to abuse the system with means of viruses, logical bombs, ..." term was breached, unlike what initial hearing with technically illiterate judge found.