3 ms·
Orin is a good prosecutor (though retired). But let me drop two fine pieces of evidence to refute his statement that Aaron was going to put all of JSTOR into th
by rsingel 14y ago
Orin is a good prosecutor (though retired). But let me drop two fine pieces of evidence to refute his statement that Aaron was going to put all of JSTOR into the public domain based on a manifesto.
1) Aaron's previous escapade was making PACER file available through huge downloads. Those files were all non-copyrightable and have become the basis of awesome open-source systems including RECAP and Justia.
2) Aaron had also downloaded some 400,000 Westlaw legal articles and then analyzed them to figure out which were sponsored. The resulting study was published in the Stanford Law Review in 2008. http://www.stanfordlawreview.org/sites/default/files/articles/BardayPD.pdf http://www.stanfordlawreview.org/sites/default/files/article...
A very large percentage of the files Aaron downloaded were out of copyright. Other than a manifesto, what proof did the prosecutors put forward that Aaron was going to publish in-copyright material?
Furthermore, without any evidence, Kerr says Aaron broke into the networking closet. It had no lock and no sign saying no entry.
But Kerr's clearly in prosecutorial mode. I much preferred his mindset when he was fighting the feds abuse of the CFAA in the Lori Drew case.
- tptacek 14y agoThe docket suggests that 300,000 of those files were out of copyright. He downloaded over 4 million, didn't he? The prosecution did in fact offer evidence that Aaron knew he was trespassing. The closet didn't have a sign, but the building had many.