Slashdot Mirror
JSTOR an Entitlement For US DoJ's Ortiz & Holder
theodp writes "If Aaron Swartz downloaded JSTOR documents without paying for them, it would presumably be considered a crime by the USDOJ. But if U.S. Attorney Carmen Ortiz or U.S. Attorney General Eric Holder did the same? Rather than a crime, it would be considered their entitlement, a perk of an elite education that's paid for by their alma maters. Ironically and sadly, that's the kind of inequity Aaron railed against with the Guerilla Open Access Manifesto, a document the DOJ cited as evidence (pdf) that Swartz was a menace to society. On Thursday, Ortiz insisted Swartz — who she now characterizes as 'mentally ill' — received fair and reasonable treatment from the DOJ. But that wasn't good enough for Senator John Cornyn, who on Friday asked Eric Holder to explain the DOJ prosecution of Aaron Swartz."
Federal prosecutors have come under heavy criticism for their handling of the Swartz case. Legal scholar Orin Kerr provides counterpoint with two detailed, well-reasoned posts about the case. Kerr says that, as the law stands, the charges against Swartz were "pretty much legit," and that the law itself should be the target of the internet community's angst, rather than the prosecutors. "...blame the system and aim to reform the system; don’t think that this was just two or three prosecutors that were doing something unusual. It wasn’t." James Boyle, co-founder of the Center for the Study of the Public Domain, disagrees with Kerr (partly), arguing that Swartz's renown is simply drawing people together to collectively shine a light on poor legislation and poor prosecutorial practices.
While he may have had issues, it's dangerous to characterize different opinions as mentally ill.
(-1: Post disagrees with my already-settled worldview) is not a valid mod option.
First let me say that my area of research is medicine. There is a lot of tax payer funded research that is inaccessible to the public despite their hand in its creation. I think that this aspect needs to be discussed, as well.
Argh. The laws of science be a harsh mistress.
Carmen Oritz routinely destroys other people lives in order to advance her career without any signs of conscience. For me this is psychopatic behavior. And if her career is the only thing she actually cares of, I'd even call her narcissistic psychopath. Unfortunately, the economic and political system in US promotes psychopaths at the cost of basically everyone else.
I wouldn't pay much attention to what she has to say, she just covers her ass. Psychopaths typically don't show any remorse for their actions - when caught on misbehaviors and lies, they tend to cover it with even bigger bunch of lies.
" Kerr says that, as the law stands, the charges against Swartz were "pretty much legit," and that the law itself should be the target of the internet community's angst,"
No, BOTH should be the target of the "internet community's angst" and societies in general. One can't happen without the other, prosecutors continually demand more harsh and less restrictive laws "to catch the bad people". And when it is proven beyond all doubt that they targeted the wrong people with their near unlimited "proprietorial discretion" they demand complete indemnification from criminal/civil responsibility because prosecution of the "bad guys" would be imperiled if they had to worry about their freedom & livelihood. They can't have it both ways, at least not in a free & just society. They can either have extensive powers with severe penalties if they mess up, or they can have very limited powers with limited liability. To do otherwise breeds nothing but corruption & imprisonment of the innocent.