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MIT seems to be getting the heat from this, more than the prosecutors who went after him, and more than congress who created a flawed law. And how does JSTOR ge

MIT seems to be getting the heat from this, more than the prosecutors who went after him, and more than congress who created a flawed law. And how does JSTOR get a pass from all this?

ScottBurson 13y ago
JSTOR made it clear early on that all they wanted was the return or destruction of the downloaded articles. Schwartz complied. As I recall, JSTOR did express that they did not seek prosecution. There has been some speculation, though, that there was room for them to express this more forcefully. My take, after reading the Abelson committee report, was that it probably would have made no difference -- there was no indication that the US Attorney's office cared in the slightest whether the alleged victims wanted Schwartz to be prosecuted -- they were determined to do it anyway.
- vpeters25 13y ago
  It seems Aaron expected that, by complying with JSTOR's request to destroy the downloads, the issue would go away. I wonder whether this was a sort of handshake agreement between Swartz lawyer and JSTOR the prosecutor choose to ignore. If so, a better lawyer could have advised to use the JSTOR downloads as leverage for a better plea.
- forgottenpass 13y ago
  there was no indication that the US Attorney's office cared in the slightest whether the alleged victims wanted Schwartz to be prosecuted Nothing gives federal authorities a crime and punishment hardon like someone rocking the boat. The Middlesex DA didn't even want prison time [0]. [0] http://www.cnet.com/news/swartz-didnt-face-prison-until-feds-took-over-case-report-says/ http://www.cnet.com/news/swartz-didnt-face-prison-until-feds...
partyfraser 13y ago
They mention JSTOR 27 times in the article. Most of the MIT references also mention JSTOR. I don't think they are getting a pass.
Zigurd 13y ago
Stephen Heymann should never handle a case more critical than car theft ever again. He is like a bulldozer driver who ran over a nest full of some rare species. Never mind the limitations on liability, he should never be operating heavy equipment again.

MIT seems to be getting the heat from this, more than the prosecutors who went after him, and more than congress who created a flawed law. And how does JSTOR get a pass from all this?

ScottBurson 13y ago

JSTOR made it clear early on that all they wanted was the return or destruction of the downloaded articles. Schwartz complied. As I recall, JSTOR did express that they did not seek prosecution. There has been some speculation, though, that there was room for them to express this more forcefully. My take, after reading the Abelson committee report, was that it probably would have made no difference -- there was no indication that the US Attorney's office cared in the slightest whether the alleged victims wanted Schwartz to be prosecuted -- they were determined to do it anyway.

vpeters25 13y ago
It seems Aaron expected that, by complying with JSTOR's request to destroy the downloads, the issue would go away. I wonder whether this was a sort of handshake agreement between Swartz lawyer and JSTOR the prosecutor choose to ignore. If so, a better lawyer could have advised to use the JSTOR downloads as leverage for a better plea.
forgottenpass 13y ago
there was no indication that the US Attorney's office cared in the slightest whether the alleged victims wanted Schwartz to be prosecuted Nothing gives federal authorities a crime and punishment hardon like someone rocking the boat. The Middlesex DA didn't even want prison time [0]. [0] http://www.cnet.com/news/swartz-didnt-face-prison-until-feds-took-over-case-report-says/ http://www.cnet.com/news/swartz-didnt-face-prison-until-feds...

partyfraser 13y ago

They mention JSTOR 27 times in the article. Most of the MIT references also mention JSTOR. I don't think they are getting a pass.

Zigurd 13y ago

Stephen Heymann should never handle a case more critical than car theft ever again. He is like a bulldozer driver who ran over a nest full of some rare species. Never mind the limitations on liability, he should never be operating heavy equipment again.