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'Dangerously Naive' Aaron Swartz 'Destroyed Himself'

theodp writes "In July, MIT drew criticism after issuing a report clearing itself in the suicide of Aaron Swartz. So, one wonders what Swartz supporters will make of The Lessons of Aaron Swartz, an MIT Technology Review op-edish piece penned by MIT EE/CS prof Hal Abelson, who chaired the review panel. Calling Swartz 'dangerously naïve about the reality of exercising that power [of technology], to the extent that he destroyed himself' (others say prosecutorial overreach destroyed him), Abelson questions 'whether the people who mentored Swartz and helped him achieve such brilliance and power had a responsibility to cultivate not only his technical excellence and his passion as an advocate but also, as my grandmother would have called it, seykhel-a wonderful Yiddish word that means a combination of intelligence and common sense.'"

362 comments

  1. "not cynism enough" by Anonymous Coward · · Score: 0

    cynism want everybody to be cynism?

    1. Re:"not cynism enough" by Anonymous Coward · · Score: 0

      If cynicism is what keeps you from situations where you're going to kill yourself, then "Viva Cinismo!".

    2. Re:"not cynism enough" by __aaltlg1547 · · Score: 1

      Fuck off. I'm not dying my skin blue.

    3. Re:"not cynism enough" by ShieldW0lf · · Score: 1

      People literally keep killing themselves to stop the USA. Who is naive here again?

      --
      -1 Uncomfortable Truth
    4. Re:"not cynism enough" by Anonymous Coward · · Score: 0

      People literally keep killing themselves to stop the USA. Who is naive here again?

      The people you just mentioned.

    5. Re:"not cynism enough" by Anonymous Coward · · Score: 0

      The pinnacle of cynicism, the cynical of pinnicism.
      I am cynical of the College system anyway.
      If I had went, it would've been MIT. But over the years I have seen people throw money at wonderful educations only to land somewhere they didn't like in a field they lost interest in. I've seen them drop out, I've seen them fail, I've seen them pay thousands of dollars to be thrown out over political incorrectness. I've seen them hide out in college on loan after loan, major after major. I've seldom seen anyone get the results they paid for or maybe shot for. It's like paying to have political opinions shoved down your throat, getting a loan bigger than a housepayment to be forced into a mold that makes poor quality parts to strict specifications. It's a sham, it's a con put on by money hungry administration and faculty that couldn't work a job in the real world with any degree of success. College is for drones who want to work for someone else. College is no longer the institution that teaches you, so aptly put at Harvards first commencement, " Not a head full of facts, but how to tell when a man is lying to you". Ironic , isn't it? Colleges now do the lying, tayloring the facts to fit national, state and donor interests. I have seen the results of graduated students and felt their presence in society,buddy, I'm not impressed.
      I suggest, as always, educate yourself, harvest money from the fools, not for the fools, put your money toward a life that is too short anyway.

    6. Re:"not cynism enough" by flyneye · · Score: 2

      People repeatedly vote for the Repubmocrat party, people invest in Nigerian schemes, people believe the cops will help them, people believe governments "take care of their interests", people believe their ticket will win the lottery, people believe science produces solid facts, people believe doctors will help them live longer, people believe a pill will make them healthy and attractive, people believe their team will win if they wear their underwear another day, people believe there are careers in IT, people believe their partners marriage vows, people believe what they see on television and in the papers, and on and on and on...

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    7. Re:"not cynism enough" by Anonymous Coward · · Score: 0

      You are just precious.

  2. Hope it makes him feel better by russotto · · Score: 5, Insightful

    Well, Hal, if this is what it takes to let you sleep at night despite your and your school's part in Swartz's persecution, have at it. But I doubt too many people are buying it; at this late date pretty much everyone's mind is made up anyway.

    It seems that "using power responsibly" usually means subordinating oneself to the whims of politicans and bureaucrats; to defy their will using one's technical prowess is immature, irresponsible, etc. The upshot is that if you're not a politician, you should sit down, shut up, and obey. I don't accept that.

    1. Re:Hope it makes him feel better by elrous0 · · Score: 5, Insightful

      I wonder if Abelson's grandmother ever taught him about human decency, dignity, or shame?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:Hope it makes him feel better by Kohath · · Score: 2
    3. Re:Hope it makes him feel better by girlintraining · · Score: 3, Interesting

      Well, Hal, if this is what it takes to let you sleep at night despite your and your school's part in Swartz's persecution

      You'd think MIT's psychology department would have pointed out the obvious flaw in this logic, but I'm guessing management had something to do with that. But I'm sure it's an isolated case. You can't have an entire school convert to fascism overnight without its students noticing something was going horribly wrong. I mean, if something is very, very obviously wrong and you see everybody else doing it, you wouldn't just go along with it.

      --
      #fuckbeta #iamslashdot #dicemustdie
    4. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0, Funny

      It seems that "using power responsibly" usually means subordinating oneself to the whims of politicans and bureaucrats;

      It's funny if you open this thread for the first time, all I see are posts that support Swartz. I don't see any expanded posts that support Professor Abelson.

      There are two reasons for this:

      1) many of Slashdot's moderators have spent a fair chunk of time illegally downloading MP3 files, software, and textbooks, so they are sympathetic to what Swartz did

      2) on "religious" issues such as this, the mods want to turn Slashdot into an advocacy site, so they want opposing viewpoints to be buried. I have this picture in my mind of mods doing the same thing I described, scanning the entire page and making sure that all the posts that are rated 4 or 5 support the "good guys/right thinking" POV. If not, the mods go back to work.

      On #1, that's the way things came about. OK.

      However, I think #2 is an abomination, the opposite of what a forum (or an academic journal, for that matter) is supposed to be about. Political Correctness at its worst, and yes mods, I'm talking about you.

    5. Re:Hope it makes him feel better by publiclurker · · Score: 0

      No, spoiled children always think they are entitled to do whatever they want and then expect everyone else to deal with the consequences.

    6. Re:Hope it makes him feel better by TemperedAlchemist · · Score: 4, Insightful

      Dangerously naive? Perhaps.

      I think I can agree with the author on that point.

      Destroyed himself?

      Well thanks for pointing out the obvious, suicide is by definition self destructive.

      ---

      But let's cut through the crap now shall we? MIT, you've disgraced yourself. I don't think it's your fault you don't have a backbone; you hire people for their brains, not for their strength of will or conviction. And so too are your students chosen for intellect and character. Which is something I appreciate and hold in high regard. But it seems you lack strength in your character.

      Neither does this excuse you. Aaron's blood is on your hands, and you must carry that burden.

      It's your responsibility to protect your students. He was a naive idealist, no argument here, but yet you let him die. Yes; you LET him die. Fearful for your own status and the legal action of an out of control prosecutor, you stepped out of the way when the gun was pointed at him. And even now you're trying to dodge all the bullets, trying to cling to neutrality.

      And I say this as someone aspiring to go to MIT some day.

    7. Re:Hope it makes him feel better by LargeMythicalReptile · · Score: 5, Informative

      Well, Hal, if this is what it takes to let you sleep at night despite your and your school's part in Swartz's persecution, have at it. But I doubt too many people are buying it; at this late date pretty much everyone's mind is made up anyway.

      Including Slashdotters', apparently. But since you're making this about Abelson rather than Swartz, here are a few facts about the man you're casually brushing off.

      Abelson is an old Lisp hacker. He has a long history of standing up for Freedom, in the sense /. appreciates. He's on the Board of Directors of the FSF, and was in fact one of the directors at its founding. He has solidly been in support of David LaMacchia, bunnie Huang, and Keith Winstein.

      He has not shied away from standing up for freedom of information, even if there are heavy legal consequences involved.

      He also puts his money where his mouth is, releasing a number of his own works for free. Before ebooks were a thing, he made sure his book was available for free online. He helped get OpenCourseWare off the ground. Heck, he's released (under Creative Commons) video of some of his own lectures...from 1986.

      He's an expert in the area (in addition to the above personal experience, he also teaches a course on Ethics and Law in the Electronic Frontier). He also spent six months investigating and writing a book-length report about the Swartz case, and MIT's response to it, in particular. The summary describes the report as MIT "clearing itself"--while the report details that MIT did nothing legally wrong, it also goes into the moral and ethical issues of MIT's response without reaching a bright-line conclusion.

      So, with all of this as context, which is more likely:
      -Abelson is trying to make Swartz look like a bad guy in order that he can "sleep at night", or
      -The man with a long history of views and actions supporting freedom of information, with a background in ethics and law on computer-related issues, who quite possibly is the single individual who has done the most thinking about the details of the Swartz case and MIT's response to it (and certainly knows more about it and has thought more about it than any Slashdotter), honestly and genuinely thinks that Swartz was naive about the realities of the situation he got himself into....and maybe, just maybe, it might make sense to give at least a small amount of genuine, honest consideration to his views?

    8. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      It's your responsibility to protect your students.

      What does this have to do with anything? Swartz was never affiliated with MIT! (He went to Stanford, and was a research fellow at Harvard...)

    9. Re:Hope it makes him feel better by onyxruby · · Score: 1

      The thing is they are both right. MIT pursued this entire thing when there was much ado about nothing and they should have asked that the whole thing be dropped. Certainly the prosecutor abused their discretion in pursuing the case as if it was round up of the local mafia.

      Should the prosecutor have been fired - certainly. Did MIT Pursue this when they should have let it go - certainly. However, that doesn't change the fact that Swartz was dangerously naive, and I don't think anyone with a clue can honestly dispute that.

    10. Re:Hope it makes him feel better by fermion · · Score: 2
      The naivete is that there will not be consequences. Responsible parents and educators tell their kids that when they try to make a name for themselves, when they start playing with big boys in the real world, and not the fake world of high school or college, there will be no protection. That daddy's money and lawyers will no longer keep you out of jail.

      You don't think that his father did not have to do some questionable things to win his lawsuit in an attempt to stop Linux from crushing his company?

      I keep saying and thinking this is a cautionary tale. I see high school kids breaking laws all the time, sometimes for good, and not realizing that someone might come after them. It will usually be, as in this case, because the kids are costing them a lot of money, which is interpreted as stealing food and shelter from their kids. It is the scooby doo thing, i would have gotten away with it if it weren't for the meddling kids. Except sometimes the needling kids get dead.

      In a world of lollipops and sugar cookies everything would be fair. The laws would be a minimal set of rules that kept us safe, and we could share information and knowledge and process and all growth wealthy in terms of our physical, emotional, and psychological health. But in the real world people want stuff and will go to extremes to keep the stuff. Just like this kids dad did in the past.

      So if blaming other people for the way the world is helps you sleep at night, then go ahead and be naive. As one grows and matures one realizes that we all have culpability, and sometimes the best way to help is not by blaming other people, not by taking other peoples stuff, but by setting an example of behavior. You know, by being a community organzier rather than a script kiddie.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    11. Re:Hope it makes him feel better by Kohath · · Score: 5, Insightful

      A lot of us want to live in a society where the "naive" aren't driven to suicide by the government.

      Blaming the victim isn't super helpful, even when you maybe, sort-of have a point

    12. Re:Hope it makes him feel better by Anonymous Coward · · Score: 1, Insightful

      Being "naive" should not absolve somebody from being held legally responsible for his or her very objectionable actions, however.

      Likewise, being "naive" should not absolve somebody from the responsibility he or she holds when voluntarily engaging in a self-destructive behavior (like suicide) alone.

      A "naive" person should not be considered a "victim" just because he or she repeatedly engaged in activities without, willingly or unwillingly, understanding the potential consequences of such actions.

    13. Re:Hope it makes him feel better by Kohath · · Score: 1

      We shouldn't have "legal" consequences for everything someone might object to. Use of government power should be for emergency situations, not for whenever someone is sad about something.

    14. Re:Hope it makes him feel better by girlintraining · · Score: 5, Interesting

      However, that doesn't change the fact that Swartz was dangerously naive, and I don't think anyone with a clue can honestly dispute that.

      Of course, we're then left to question whether naitivity is a problem with the individual, or society. We're saying he was ignorant, not stupid. That he was young and lacked crucial knowledge about the world that may have enabled him to overcome this obstacle, instead of smashing him into the rocks where a lighthouse should have been present, but wasn't. I don't think someone being naive is the fault of the person; It implies you simply don't know something, and we all have been there. To imply he should have known better, or should have known better at his age, or should have known better because... well... how can you say that? With the enormity of variance in personal experience, there is undoubtedly a few things you don't know that "everyone" else does.

      Which leave us with the prosecutor, who wasn't naive and knew full well what he was doing. When you threaten someone with decades in jail, massive fines, and basically ending life as they know it, there's always the possibility they will lose their composure. The biggest badasses on the street are still the ones that cry like little girls in the back of squad cars as it dawns on them how screwed they are. If you can break a man who's got "Fuck the police" hot sauced across his forehead, what do you think some wet-behind-the-ears kid in MIT is going to do when you threaten the same?

      The prosecutor knew better. There is no 'if' here, it's his job. He did know. He had to have known. So that means he did it intentionally and with full view of the potential consequences... he did it with a blatant disregard for the well-being of others. He doesn't just deserve to be fired, he deserves to be in jail for being the proximate cause of another's death; He deserves a criminal record.

      Of course, fortunately for him, our legal system doesn't work that way. No matter how much shit you lay out on someone, how much abuse you give them, how many times you beat them to a pulp, to the point that they're reduced to ash... as long as they're the one that pulls the trigger and not you; You are not responsible for their death.

      Swartz is dead, and nothing can change that. But what we can change is the people employed by the state prosecution -- we can remove this man's name and ensure he can never harm anyone like this again, and then start talking about reforming the system and putting audits in place so that this kind of prosecutorial misconduct is dealt with swiftly and evenly. Because while Swartz took the ultimate get out of jail card, there's plenty of innocent people in jail because they opted for the more reasonable approach of pleading guilty to crimes they were innocent of, because the odds were not in their favor and the charge sheet was long and would have kept them in jail for life if they lost a bet they already had bad odds on.

      If we're going to assign blame, if we're going to point fingers... then I'd say it's 95% the prosecutor, 5% the kid. Ignorance may be no excuse from the law, but it's not an excuse for the law to abuse people either.

      --
      #fuckbeta #iamslashdot #dicemustdie
    15. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      So if blaming other people for the way the world is helps you sleep at night, then go ahead and be naive. As one grows and matures one realizes that we all have culpability, and sometimes the best way to help is not by blaming other people, not by taking other peoples stuff, but by setting an example of behavior. You know, by being a community organzier rather than a script kiddie.

      The irony of this statement is that it is incredibly naive to think that simply playing the virtuous one is going to change the actions of someone else bent on taking advantage of others for personal gain.

    16. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      He wasn't driven to suicide. It's not like they had him in a sleep deprivation room until he went mad.

      His mental health problems were the proximate cause of his death, but that doesn't mean that over-reaching prosecutors who applied pressure to this fragile, well-meaning person are blame-free. They should be ashamed of themselves, and should resign from public service.

    17. Re: Hope it makes him feel better by Anonymous Coward · · Score: 0

      It would help to add credibility to your argument by not getting some basic facts incorrect. For starters, Schwartz was not a student at MIT. For another, the overseeing prosecutor and main face of the legal action against him was a woman, Carmen Ortiz.

      If you want to be taken seriously next time, some basic research on your part is in order.

    18. Re:Hope it makes him feel better by jeffmflanagan · · Score: 1

      Not just because he didn't understand consequences as you say. The reason the idea that Swartz was a victim gets traction is that our out of control lawmakers routinely create punishments that are greatly disproportionate to the crime. Aaron wasn't mentally stable enough to face this disproportionate punishment.

      He really was dangerously naive, he probably lived in a bubble and hadn't encountered our horrible legal system before, but that doesn't mean we should continue to allow out of proportion punishments created by politicians that want to pander to the cowardly, unthinking "law and order" crowd.

      This poor kid holds most of the responsibility for his death, having taken his own life, but that doesn't mean that this shouldn't be a call to expose and remove malicious prosecutors, and change destructive laws.

    19. Re:Hope it makes him feel better by __aaltlg1547 · · Score: 1, Insightful

      If Aaron Schwartz is the victim in his own death, he's also the perpetrator.

    20. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      He may have over reached but power hungry people seeking political power knowingly destroyed him. Using Then using Professor Abelsons logic the politicians and politicans and bureaucrats cannot argue its the system and not their actions that are also to blame for this persons death

    21. Re:Hope it makes him feel better by Kohath · · Score: 2

      He's the victim of government prosecution.

    22. Re:Hope it makes him feel better by mikael · · Score: 1

      I guess no-one told him about privacy laws, the rules governing data interception and data protection. He went into a communications room in MIT, patched up a laptop to sift out data being downloaded from a server, and then got caught. He goal was to download every paper and article ever published. He could never do this use a remote link, so used the download requests of other people to achieve this.

      But in effect, he was intercepting the thoughts and ideas of other people. So the administrators would have been furious. It would have been enough to explain this to him, require him to delete the data, and them help him find a legal means of doing what he wanted to do. But instead, the prosecutor wanted do set another example of "let's hang, quarter and draw him after crushing him with a mill-wheel".

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    23. Re:Hope it makes him feel better by davester666 · · Score: 2

      No, she stopped at "Don't poke the bear that is authority".

      --
      Sleep your way to a whiter smile...date a dentist!
    24. Re:Hope it makes him feel better by __aaltlg1547 · · Score: 0

      So was Al Capone.

    25. Re:Hope it makes him feel better by geekoid · · Score: 5, Insightful

      IT was MIT who insisted on tough ]punishments and wouldn't allow a slap on the wrist.
      If Abelson was anyway involved it that, then he is at fault regardless of his history'.

      NO, he wasn't naive, his punishment was overblown.

      I'f I am going 5 mph over the speed limit, and I get a ticket I am not naive, that's just the risk I took.

      If I get arrested, taken to jail, refuse bail and threatened. IT didn't happen becasue I was naive, it happened because people were abusing power to make a point.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    26. Re:Hope it makes him feel better by geekoid · · Score: 1

      MIT want to set an example, the DOJ wanted to slap him on the wrists.

      And more correctly:
      " He BROKE into a communications room in MIT, "

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    27. Re:Hope it makes him feel better by Kohath · · Score: 5, Interesting

      Why did the government treat Aaron Swartz like Al Capone? Should we have a government that does that?

    28. Re:Hope it makes him feel better by serviscope_minor · · Score: 1

      So if blaming other people for the way the world is helps you sleep at night, then go ahead and be naive.

      So, who or what other than people make the world as it is? Make no mistake: people are entirely to blame for how the world is, for good or for ill.

      --
      SJW n. One who posts facts.
    29. Re:Hope it makes him feel better by canadian_right · · Score: 1

      Even generally good and moral people can get it wrong sometimes.

      Maybe he is trying say that Mr. Swartz might not have taken his own life, even given the fact of the over zealous prosecution, if MIT had a program in place to teach "strength of character"? Personally, I think the idea is ludicrous.

      --
      Anarchists never rule
    30. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      that would mean that he was taught about human decency, dignity and shame.

      source, I'm Jewish.

    31. Re:Hope it makes him feel better by Anonymous Coward · · Score: 1

      Or it could just be that most people think Professor Abelson is wrong.

    32. Re:Hope it makes him feel better by epyT-R · · Score: 2

      Your entire post is an argument from authority. If you want to support his position, do it with facts and reason, not an appeal to his titles and experience.

    33. Re:Hope it makes him feel better by epyT-R · · Score: 4, Insightful

      Unfortunately, this will get harder to do as subsequent generations are raised with thinner and thinner skin. The current legal landscape in the USA, completely byzantine and out of control, needs to be fixed, for sure, but the other part of the solution requires us to quit raising generations of pantywaists. Politics that encourage victimhood groupthink mentalities are a large part of the blame here.

    34. Re:Hope it makes him feel better by epyT-R · · Score: 1

      It's people with attitudes like yours that ensure the tyrants you speak of stay in power indefinitely.

    35. Re:Hope it makes him feel better by artor3 · · Score: 1

      Blaming the victim isn't super helpful, even when you maybe, sort-of have a point

      Unless we're talking about sexual assault, in which case blaming the victim will get you +5, Interesting.

    36. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      Not that sort of Jewish. He was from the other mob.

    37. Re:Hope it makes him feel better by oldhack · · Score: 1

      Yeah, well, if jesus says "I'm the batman", you shouldn't call out his bullshit because he's the jesus? I don't buy that.

      --
      Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    38. Re:Hope it makes him feel better by Fantom42 · · Score: 1

      I think you are the only reasonable (modded) up contributor to this entire thread/article. I wonder how many of these knee-jerk responders even bothered to read his opinion piece, let alone the actual factual report. But hey they perused reddit for a while, clearly that's enough to formulate a complete opinion.

      Take this excerpt from the piece people are bashing:

      Other questions address our values. In reviewing the record for the report, I was struck by how little attention the MIT community paid to the Swartz case, at least before the suicide. The Tech carried regular news items on the arrest and the court proceedings. Yet in the two years of the prosecution, there was not one opinion piece, and not one letter to the editor. The Aaron Swartz case offers a textbook example of the issues of openness and intellectual property on the Internetâ"the kinds of issues for which people traditionally look to MIT for intellectual leadership. But when those issues erupted in our midst, we didnâ(TM)t recognize them, and we were not intellectually engaged. Why not?

      The fact is that Abelson's conclusions are spot on. Imagine how much more Aaron Schwartz could have contributed to this world and to the movement of open publishing if he had exercised some discretion?

      Yes, there was prosecution overreach. Yes, there was disengagement and enabling of this overreach by MIT staff. But that doesn't change the fact that what he did, in protest, did nothing but harm himself.

    39. Re:Hope it makes him feel better by russotto · · Score: 5, Insightful

      Abelson is an old Lisp hacker.

      He was hacking at a time when hacking (in any sense of the word) was not demonized anything like the way it is today; further, as people gain position within the establishment, they tend to adopt the establishment point of view. By claiming Swartz "destroyed himself", and by focusing on what MIT can do to prevent students from following in his footsteps (rather than what it can do to prevent prosecutors from crushing those who do), he shows he has completely adopted the establishment point of view.

      He has not shied away from standing up for freedom of information, even if there are heavy legal consequences involved.

      So how much time has he spent in jail? How much jail time has he been threatened with? That kind of credential comes with a price, and I don't see that he's paid it.

    40. Re:Hope it makes him feel better by oldhack · · Score: 1

      Yes, there was prosecution overreach. Yes, there was disengagement and enabling of this overreach by MIT staff. But that doesn't change the fact that what he did, in protest, did nothing but harm himself.

      Nope, he offing himself brought the issue to the front page of media. Was it worth it? Not if I were him, but it did a lot more than "nothing but harm himself".

      --
      Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    41. Re: Hope it makes him feel better by girlintraining · · Score: 1

      It would help to add credibility to your argument by not getting some basic facts incorrect. For starters, Schwartz was not a student at MIT. For another, the overseeing prosecutor and main face of the legal action against him was a woman, Carmen Ortiz. If you want to be taken seriously next time, some basic research on your part is in order.

      Oh, I'm sorry... I only remember important details like how some kid corpsified, because of an overzealous prosecutor, and the morality of doing so. If I tripped up on the insignificant part like where he was from, and whether the prosecutor's genitals were on the inside, or the outside... oh. fucking. well.

      If you want to be taken seriously next time, focusing on the actual meat of the argument rather than the irrelvant details is in order.

      --
      #fuckbeta #iamslashdot #dicemustdie
    42. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      wow...you're a faggot
      ADMISSION DENIED

      Sincerely,

      MIT

    43. Re:Hope it makes him feel better by isdnip · · Score: 2

      He walked into an unlocked closet, hooked up his laptop to a campus Ethernet connection, and ran a script to access a web site. The only "crime" was using a script rather than surfing, slower, by hand. He wasn't tapping others' communications. There was just a copyright question over how many documents one should access.

    44. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0
      work every day to help young people develop the skills to bring about real change. I teach them skills and self discipline and ethics so that that they can challenge the tyrants without getting their asses shot off. I tech them wealth is not money but creativity.

      Look at what the kids of the 60's have left us. Drugs, environmental description, kids raised on fast food, Ronald Reagan, 2 financial meltdowns, and a kid accidentally killed every week by a gun. it was because they were motivated by instant gratification, self interests, and money.

      If they has the skills to go and out and do real work, and tell their bosses to fuck themselves when they want to murder people for profit, and go and find another job.

      The tyrants are kept in power by taxpayers who are too cheap to give a kid a computer just because they will mostly use it watch fights on youtube. That over the years the kid will more likely become a productive tax paying member of society that will fight for freedom because that is what they were raised on is irrelevant. No, lets keep the kids ignorant and tell them a meaningless act of defiance in college is all they have to look forward to. That they are destined to a life of minimum wage slavery to corporations, and when they are in dept to those corporations they can look back and say, hey, in college I downloaded some stuff and put it on the internet. Wow. Just like the shoe salesman who is always telling us how great of a high school footballer he was.

    45. Re:Hope it makes him feel better by LargeMythicalReptile · · Score: 3

      IT was MIT who insisted on tough ]punishments and wouldn't allow a slap on the wrist.

      No, it wasn't, despite what the highly-modded-up comments on /. and elsewhere would like you to believe. Have you read Abelson's report? It's long but actually quite easy to read. It starts with a detailed description of the facts, and maintains that MIT took a completely hands-off approach. They did not push for any punishment whatsoever. They didn't take action in explicit support of him either--and the report gives a large amount of attention to this decision, its reasoning, and its ramifications. I haven't heard any credible source [read: anyone other than ill-informed Internet commentators] dispute Abelson's facts in any meaningful way, including the claim of MIT's "hands-off" approach.

      NO, he wasn't naive, his punishment was overblown.

      It can't be both?

    46. Re:Hope it makes him feel better by LargeMythicalReptile · · Score: 3

      Actually, it's not.

      If I had been talking about Swartz, or the case itself, it would be an argument from authority. But as I mentioned at the beginning, I was talking about Abelson.

      Various commenters are slamming Abelson for making a comment they disagree with, when they don't have a clue who he is or what work he's done--he isn't saying what the knee-jerk /. mentality wants him to say, so he has to be tarred as The Enemy.

      I'm not arguing that people should agree with Abelson about Swartz. I'm saying that given his history, it might make sense for people to at least give a reasonable look at what he's saying, and if they then disagree with him to address that on the issues, rather than rushing to post inaccurate, sarcastic posts based on a headline.

    47. Re: Hope it makes him feel better by Anonymous Coward · · Score: 0

      See, I remember important details like some arrogant shithead who, despite reality, felt like the world owed everything he desired broke the law, got caught, and couldn't handle the heat so he, and only he, made the decision to end his own life rather than face any consequences.

      Given those facts, I have a hard time giving a shit. I know the general Slashtard ethos is to lionize criminals when the crimes are committed using a computer, but I'm not a sheep like you.

    48. Re:Hope it makes him feel better by retchdog · · Score: 3, Interesting

      The lulz here is that Prof. Abelson tells an anecdote about how he was led to his study and career by a chance discussion with one of the Students for a Democratic Society, which he had during a sit-in at the President's office to protest the Vietnam war. He went to the AI Lab the next day, made some connections, and that was that.

      But, yeah, I'm sure his career would have unfolded the same way if he'd instead been arrested and threatened with 20 years of prison. Trespassing is trespassing. Copyright violation is merely a civil offense, and should be orthogonal.

      --
      "They were pure niggers." – Noam Chomsky
    49. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      There is no such thing as illegal downloading. There never was, and is not now, any law prohibiting the transfer of data between computers. The belief in something that is not true is a delusional belief. It is a symptom of mental illness. Coupled with the hallucinations you also admit to be experiencing, I urge you to talk with your doctor about available treatment options.

      There are many effective medications for the treatment of delusional thinking. While Haloperidol is the gold standard, newer medications like Clozapine and Risperodone are also quite good at relieving symptoms of disordered thought.

      As always, working closely with your health care professionals gives you the best chance of achieving a positive outcome. Good luck!

    50. Re:Hope it makes him feel better by dcollins117 · · Score: 1

      If any doctor had been cognizant of Aaron's condition he would be committed to a hospital. His death could have been prevented.

      Of all the prople involved, many of them considered "professional" and some even "expert", not one person recognized that Aaron had depression and suicidal ideation? His family, friends, and all of the so-called professionals involved with his persecution and not one of them recognized the symtoms? That is the real tradegy.

    51. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      Not just because he didn't understand consequences as you say. The reason the idea that Swartz was a victim gets traction is that our out of control lawmakers routinely create punishments that are greatly disproportionate to the crime. Aaron wasn't mentally stable enough to face this disproportionate punishment.

      I don't know, when given the choice between years of horrible torture and gang rape, or a quick death, suicide I think demonstrates a clear, logical and very stable mentality.

    52. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      No, Abelson is just giving excuses... using disproportionated force is not acceptable.
      MIT wanted to set an example with Swartz, didn't toned down the abuse, and now claims clean hands.

      Abelson past only begs the question why he didn't called out the institutional and government bulling?
      the shame is worst, when you are fully knowing that something is wrong, and don't do nothing about it.

    53. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      Of course, fortunately for him, our legal system doesn't work that way. No matter how much shit you lay out on someone, how much abuse you give them, how many times you beat them to a pulp, to the point that they're reduced to ash... as long as they're the one that pulls the trigger and not you; You are not responsible for their death.

      Ya right, what about those kids that bullied that girl to suicide. Or that gay kid that got recorded by a hidden camera in college. Nothing happened to the people that did that, amiright?

    54. Re: Hope it makes him feel better by the-matt-mobile · · Score: 1

      When the perpetrator of a crime is prosecuted for it, he's not a victim. And when that perp then commits a harm against himself, he's no victim there either. You keep using that word 'victim', but I don't think you know what it means.

    55. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      He was hacking at a time when hacking (in any sense of the word) was not demonized anything like the way it is today

      He was hacking before computer programming was part of the mainstream of society. Back then it was considered a little bit strange to be involved in, not something that kids all around the world grow up with as with Aaron Swartz's generation. I'm old enough to remember when the words "nerd" and "geek" were considered pretty bad put-downs. That's something that the successful folks had to get over, and that includes Bill Gates, Steve Jobs, Richard Stallman, and others of that generation.

      Just saying.

    56. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      I'm saying that given his history, it might make sense for people to at least give a reasonable look at what he's saying, and if they then disagree with him to address that on the issues, rather than rushing to post inaccurate, sarcastic posts based on a headline.

      You're new here.

    57. Re: Hope it makes him feel better by Anonymous Coward · · Score: 0

      broke the law

      Which law? Recap is legal.

      He may have violated Pacer's terms of service.

    58. Re:Hope it makes him feel better by Yvanhoe · · Score: 1

      I agree. All I have to add has been in my slashdot signature for years.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    59. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      Well, Hal, if this is what it takes to let you sleep at night despite your and your school's part in Swartz's persecution, have at it. But I doubt too many people are buying it; at this late date pretty much everyone's mind is made up anyway.

      It seems that "using power responsibly" usually means subordinating oneself to the whims of politicans and bureaucrats; to defy their will using one's technical prowess is immature, irresponsible, etc. The upshot is that if you're not a politician, you should sit down, shut up, and obey. I don't accept that.

      Well I agree, you cannot ignore the fact that Arron was erratic and even acted as a child thru out his adult years. I'm sorry but he claimed to love his daughter, and his life, then ends it all just like that! I do not see how this is a suicide, and I do not firmly believe it was a conspiracy to "get rid of him", and I could also say maybe he was into something kinky, but you just never know, and people that claim to have known him, well, you really never know someone.

      The school clearly hired a PR firm to help them sleep at night, and I would also throw this out there, the school may have been receiving threats from certain government agencies to keep its mouth shut. But this latest idiot goes to far.

    60. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      If you know Abelson - and it's clear you don't - then you wouldn't make such naive assertions about his good character.

    61. Re:Hope it makes him feel better by martin-boundary · · Score: 1

      It's easy, for academics especially, to study a subject so much and for so long, that with hindsight the early mistakes become "obvious", and the early attitudes that people had (say, about what freedoms should be self evident) become naive in light of the later attitudes of the victors that prevail.

    62. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      A guy I used to work with claimed that an MIT representative bragged about their high suicide rate - meaning that those who made it through were that much better. This was when he was there to consider going to MIT. This was probably 30 years ago now though...!

      No, he didn't go.. but it was more because his parents didn't support him leaving home at the time.

    63. Re:Hope it makes him feel better by Your.Master · · Score: 1

      Well then please enlighten us, because I don't know Abelson either and I suspect that's true of almost everybody.

      LargeMythicalReptile has given the most complete and well-sourced info thus far. The wikipedia article doesn't really say anything that imputes his character.

      I didn't read all of his report but from the snippets that I did read (mostly in the "Questions for the MIT community") he did seem to dislike how exceeding use in the TOS becomes a felony. The conclusion section also contains the line “MIT didn’t do anything wrong; but we didn’t do ourselves proud”, specifically noting that they shouldn't have taken a position of neutrality. These both accord with the general slashdot consensus (well, actually there seems to be a common slashdot meme that MIT was against Aaron rather than neutral, which doesn't seem to be borne out by the facts I've dug up, but admittedly I got bored after reading chunks of the document from Abelson so I didn't keep going for long).

    64. Re:Hope it makes him feel better by flyneye · · Score: 1

      But this way, it's official response is written down for history, eventually the news item will fade from public attention and memory, your kids will read that A.Swartz was suicidally naive.
      NOW consider the books and storys put before you labeled "history"
      "History is a pack of lies we play on the dead" - Voltaire

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    65. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      Blaming others for a suicide is also not a society I want to live in - it makes the crazy ex-gf calling you "if you dont take me back i will kill myself" an actual legal problem for you. Suicide is a choice of the person doing it, not the people driving them to it (in the wast majority of cases that is) If i commit suicide because other people are driving me to it by being mean to kittens on the internet, those people are still arseholes but i was the one who made the decision. very very very rarely can someone else be blamed for a suicide - often one person is "weak" and will commit suicide ovewr what other people would never consider a problem.

      That said, I agree that the naive should not be driven to anything (but it is not always unavoidlable, just look at teensuicides over what most people consider minor issues like "looks", that is society effectively driving these kids to suicide) and we should do what we can to avoid this. blaming the vicitim is not of any use either (though if they survive, perhaps some education as to how not to take everyone elses opinion personal might be in order) even if the "victim" made the decision themself.

      Some naive people are driven to murder instead, they see no other way out but are still not considered victims. Why do we accept one reaction (suicide) as ok and another (murder) not ok? Both are just the killing of a person done under mental pressure right?

      Well, I do not have the answers, im just kinda wondering. not everything is black&white.

    66. Re:Hope it makes him feel better by TemperedAlchemist · · Score: 1

      My mistake.

      I got caught up in my moral outrage.

    67. Re:Hope it makes him feel better by __aaltlg1547 · · Score: 1

      A lawyer is professional (both his defense lawyer and the prosecutors) but mental illness is not their profession. They are not trained to recognize or respond to symptoms of depression and suicidal thoughts.

      But his lawyer did claim that he had warned prosecutors that Aaron Schwartz might kill himself -- if the government didn't agree to the defense's plea deal proposal. Did they hear this and assume it was a bullshit defense tactic when in truth it was a real fear on the part of the attorney? To be safe, they probably should have immediately put him in under protective observation because if those thoughts were real (obviously in this case they were) his unstable mental state couldn't be reasonably expected to cure itself if his demands were met.

      But again, a prosecutor is not a psychiatrist (usually) and his primary concern is not the welfare of the defendant. It's prosecuting the defendant.

    68. Re:Hope it makes him feel better by __aaltlg1547 · · Score: 1

      Both criminal defendants.

      The point is that he was not a victim; he was a defendant. Prosecuting defendants is their job.

    69. Re:Hope it makes him feel better by Kohath · · Score: 3, Insightful

      When hurting people is someone's job, the people who get hurt can never be called victims?

    70. Re:Hope it makes him feel better by __aaltlg1547 · · Score: 1

      You can call them that if you want. The law calls them defendants.

    71. Re:Hope it makes him feel better by Vastad · · Score: 1

      Your link to the wiki article on The Third Wave was fascinating....and unsettling. Has the same eerie "we're-not-as-free-willed-as-you-think" vibe as the Stanford Prison Experiment.

    72. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      The idea that a sufficiently naive person is not criminally responsible for their actions is actually a very ancient legal principle. Just look at the story of "some children who played at slaughtering" which was already ancient when the Grimm brothers included it in their first edition. More generally, an age of criminal responsibility and concepts of comptance to stand trial exist in nearly all justice systems. These days in the US there seems to be a push for the law to be more about excising anyone undesirable or "abnormal" from society regardless of any traditional principles of justice or fairness. These people would rather see any crime whatsoever punished with the absolute removal of the perpatrator either through permanent imprisonment (in deliberately horrible conditions) or execution. That is, provided that their own crimes and those of the people close to them aren't treated the same way.

    73. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      Sorry, but, Droit D'Auteur aside, "the thoughts and ideas of other people" aren't considered private once they've been published.

    74. Re:Hope it makes him feel better by Kohath · · Score: 1

      And mobsters call extortion payments "taxes". So what?

    75. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      MIT does go to great lengths to protect its students. Aaron was not an MIT student. I guess it is MIT's responsibility to protect the people that sneak in and use their open access policies to violate (apparently) the law?

    76. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      Unfortunately, this will get harder to do as subsequent generations are raised with thinner and thinner skin. The current legal landscape in the USA, completely byzantine and out of control, needs to be fixed, for sure, but the other part of the solution requires us to quit raising generations of pantywaists. Politics that encourage victimhood groupthink mentalities are a large part of the blame here.

      As complex as this situation is, yours is a very much needed viewpoint. Taking responsibility for one's self does not seem in vogue these days...

    77. Re:Hope it makes him feel better by gnujohn · · Score: 1

      The Mythical Reptile is making a decent point, and we ought to listen to him. If we agree with Abelson or not, we had best not shovel him into a false category. He's more than a representative of a generation or an apologist for the University. I think we can agree with him, or not, and still realize that the prosecutor was not acting in the public interest. I think we can even argue with him with some civility. Abelson's record ought to show that he is worth listening to, and that the details of the Swartz case might make some parties actions not so clear-cut as they appeared at first.

    78. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      You people are ridiculous. Do you legitimately believe MIT killed him? Quit romanticizing this guy, he broke the law when he shouldn't have, he couldn't deal with the consequences so he took the cowards way out. He is not a fucking martyr.

    79. Re:Hope it makes him feel better by Anonymous Coward · · Score: 0

      Yet if you then killed yourself you were the one who made it overblown.

    80. Re:Hope it makes him feel better by tlhIngan · · Score: 1

      Unfortunately, this will get harder to do as subsequent generations are raised with thinner and thinner skin. The current legal landscape in the USA, completely byzantine and out of control, needs to be fixed, for sure, but the other part of the solution requires us to quit raising generations of pantywaists. Politics that encourage victimhood groupthink mentalities are a large part of the blame here.

      It probably also requires raising people to be more mindful of their own limitations. You see it in the /. crowd - they see themselves as "superior" to everyone else - and want everyone else to conform.

      And yet the world expects them to conform to societal norms that have been around for a long time - yet are seen as encumbrances. Think of such things as proper dress (are you opposed to wearing a suit and tie as appropriate?), proper etiquette, and proper behavior.

      Aaron unfortunately was pretty much a non-conformist, and when you're prosecuted, that's the last thing you want - to be painted by the prosecution as someone that's "bad to society" alongside gangsters and such that roam the streets at night.

      Because the general public doesn't care and they do judge books by the cover - you act disrespectful towards them (even if they are to you) and they'll take note of such behavior even if it's unwarranted.

      The "sweet old lady" stereotype is basically the goal to avoid character assassination.

      And wasn't there someone else who acted all superior as well that ended up being found guilty? I heard he made a real killer of a filesystem.

  3. Common sense? by guruevi · · Score: 5, Insightful

    Being prosecuted for being a whistleblower, being followed, being harassed... to expect and deal with that is common sense?

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
    1. Re:Common sense? by chill · · Score: 2

      When that has been the pattern throughout history? Yes. He should have expected his treatment, as wrong as it is, at the very least it shouldn't have been a surprise.

      --
      Learning HOW to think is more important than learning WHAT to think.
    2. Re:Common sense? by Richard_at_work · · Score: 2

      Out of interest, what did he whistleblow? I thought he just decided that access to a particular journel or somethign was too expensive and decided to download and distribute as much as he cold get his hands on?

    3. Re:Common sense? by tnk1 · · Score: 1

      In a word, "yes". What do you think happens to other people who use civil disobedience? Garden party invitations?

    4. Re:Common sense? by jythie · · Score: 5, Informative

      Thing is, the treatment is so randomly applied that it should be a surprise. We occasionally hear about stories that get big, but for the most part the same basic actions, even when discovered, result in minimal problems 99% of the time. One never knows when some ambitious DA will decide to up the profile of the case and make an example of the person.

      To say it was his fault is a bit like saying "well, this family was killed by a drunk driver, but they should have known better then to go on a highway when bars were closing". While technically true that their actions had a risk, the fault still was elsewhere and the odds were normally on their side.

    5. Re:Common sense? by phantomfive · · Score: 1

      Yeah, actually; and if you do what he did, be sure to do it more secretly, otherwise you'd be a fool to expect different treatment.

      --
      "First they came for the slanderers and i said nothing."
    6. Re:Common sense? by elrous0 · · Score: 0

      Is there a yiddish word for asshole?

      "Abelson"

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    7. Re:Common sense? by Jah-Wren+Ryel · · Score: 1, Informative

      > Is there a yiddish word for asshole?

      Schmuck
      (well, at least it is the neighbor of an asshole)

      --
      When information is power, privacy is freedom.
    8. Re:Common sense? by Anonymous Coward · · Score: 0

      I like how slashdot has the ability to bring out the same quality of comments as youtube. go back to germany!

    9. Re:Common sense? by Anonymous Coward · · Score: 0

      > Is there a yiddish word for asshole?

      Schmuck (well, at least it is the neighbor of an asshole)

      Nearly everyone has a neighbor who is an asshole. Does that make us all schmucks? I was just getting used to the idea that we're all sons of bitches.

    10. Re:Common sense? by Anonymous Coward · · Score: 2, Insightful

      Actually, he decided that access to taxpayer-funded research shouldn't be locked behind a third-party paywall.

    11. Re:Common sense? by Bing+Tsher+E · · Score: 0

      'Asshole' actually has origins as an anti-homosexual slur. It should be considered similar to 'the N word' but few people even understand the history behind the term.

    12. Re:Common sense? by LMariachi · · Score: 1

      Citation needed. This must be the same folk etymology that tells us "faggot" comes from the word for bundle of sticks because homosexuals used to be burnt at the stake. (None of which is true.)

      "Asshole" has negative connotations because that's where shit comes from. Future generations may replace it with "Slashdot comment."

    13. Re:Common sense? by Bing+Tsher+E · · Score: 1

      (None of which is true.)

      Uh... citation needed.

    14. Re:Common sense? by MouseTheLuckyDog · · Score: 1

      Only half the time.

    15. Re:Common sense? by Anonymous Coward · · Score: 0

      Whistleblower? What he did was a simple B&E. The fact that it was using a computer doesn't change the basic nature of the action.

      After all, defeating the lock on my front door is a crime, despite the fact that it's relatively simple for someone with the right tools and skills.

      What you people seem to not realize is that you're arguing for a "might equals right" society. I'm not sure if I should laugh at the irony, or cry.

    16. Re:Common sense? by LMariachi · · Score: 1

      Not really, the burden of proof is on the claimant.

    17. Re:Common sense? by Anonymous Coward · · Score: 0

      'Asshole' actually has origins as an anti-homosexual slur.

      Yeah, no. Sadly, a decade or two from now that meme will probably be universally accepted, though.

  4. and my grandma says... by alphatel · · Score: 2

    Common sense would have dictated a year of probation with a suspended sentence for such a silly offense. Surely Hal has the 'chutzpah' to admit when he's being a shnook.

    --
    When the foot seeks the place of the head, the line is crossed. Know your place. Keep your place. Be a shoe.
    1. Re:and my grandma says... by Anonymous Coward · · Score: 0

      my granny lived through two wars, and it was cold in the winter.

      Bad people burned many books, but it generated heat. Keeping good books locked up does not benefit the majority, it generates inequality.

    2. Re:and my grandma says... by Lloyd_Bryant · · Score: 5, Insightful

      Just out of curiosity, exactly what "offense" did he commit that you think is worth even a year's probabation with a suspended sentence.

      He used MIT's computer system to accomplish what it was designed to do. All he did was do a lot more of it than the designers were expecting.

      There mght have been a civil copyright issue here, but none of the copyright holders appeared interested in pursuing such a case.

      And there definitely was a "using more than your fair share of shared resources" issue, which is not a crime (unless you're a federal prosecutor with an axe to grind).

      To me, "common sense" dictates that MIT should have pulled him aside, and informed him that his massive downloads were not acceptable, and if they didn't stop, he would be officially banned from using MIT's network in the future. Once banned from the network, if he continued his activities he would *then* actually be guilty of a crime worthy of prosecution.

      --
      Don't tell me to get a life. I had one once. It sucked.
    3. Re: and my grandma says... by Anonymous Coward · · Score: 0

      If it were designed to do what he did, there would have been no access controls in place. Also, the system was designed to make the articles indexed and thus usable. All Scwartz did was hoard everything into a big monolithic lump and dump it out. Everything he did seems like nearly the opposite of what the MIT system was doing.

    4. Re:and my grandma says... by Anonymous Coward · · Score: 1

      "To me, "common sense" dictates that MIT should have pulled him aside, and informed him that his massive downloads were not acceptable, and if they didn't stop, he would be officially banned from using MIT's network in the future. Once banned from the network, if he continued his activities he would *then* actually be guilty of a crime worthy of prosecution."

      They didn't have the ability to pull him aside because I don't think they knew exactly who was doing it until late in the game, when in an effort to circumvent the attempts of the admins to stop what he was doing, Schwartz entered a data closet and plugged a laptop directly into the network. At that point they saw on security cameras who it was, and the physical trespass was already underway. Schwartz *must* have known that was he was doing was against the terms of the license. Otherwise why were they trying to block him and why did he have to go around those obstacles?

      I'm with you in terms of giving the person notification before throwing the book at them, but on the other hand if someone is actively circumventing techniques to stop them, then my sympathy is somewhat muted. The gloves would come off at that point, and if I caught them in a network data closet, yeah, I'd call security and then the police too. There's no *way* I'd prosecute to the extent that happened here, but arrest them and charge them with trespass? Yes.

    5. Re:and my grandma says... by Anonymous Coward · · Score: 1

      Okay, so if he was so sure about that, he shouldn't have ended up killing himself over it, eh?

      Incidentally, who says Aaron Swartz was particularly intelligent? This sounds like someone who _thought_ he was smart, he was pretty good or he wouldn't have gotten into MIT, but he couldn't compete, and decided to go out in a blaze of glory.

    6. Re:and my grandma says... by Blue+Stone · · Score: 3, Insightful

      >Just out of curiosity, exactly what "offense" did he commit [...] ?

      Looking sexy while being raped. This article is nothing but a tech version of 'blame-the-victim'.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    7. Re:and my grandma says... by serviscope_minor · · Score: 1

      Okay, so if he was so sure about that, he shouldn't have ended up killing himself over it, eh?

      Yeah because it's so reasonable to threaten a guy with 30 years in a federal PMITA prison over at most misdemenor breaking and entering and civil copyright violation where the holder doesn't even waht to prosecute.

      ncidentally, who says Aaron Swartz was particularly intelligent?

      His track record of doing stuff.

      --
      SJW n. One who posts facts.
    8. Re:and my grandma says... by Kasar · · Score: 1

      Someone broke the lock on a broom closet at work to get a mop.
      Nobody even called the police, it was terrifying as I'm sure you understand.

      --
      vi? Who's that?
  5. Huh? by K.+S.+Kyosuke · · Score: 4, Insightful

    Since we all know that all the progress depends on unreasonable people, what's the point of trying to make everyone grow up reasonable?

    --
    Ezekiel 23:20
    1. Re:Huh? by Kohath · · Score: 2

      to protect the position and privilege of those currently in power.

    2. Re:Huh? by ObsessiveMathsFreak · · Score: 1

      It makes it easier for crooked people in power to abuse the system and get away with it.

      --
      May the Maths Be with you!
  6. Common sense? by deanklear · · Score: 5, Insightful

    Is there a yiddish word for asshole?

    The most damage Aaron could have possibly done is damage the profits of a private corporation. For that, he was hounded until he decided to take his own life.

    Common sense tells me that his death is a tragedy, period. The only people who should be feeling shame are the sycophants who are defending the right of the powerful to abuse the powerless. May you reap what you sow.

  7. Ok then by Anonymous Coward · · Score: 1

    Dangerously naive you say? Well, in that case, it was totally fine to hound him to death for doing nothing wrong.

  8. MIT murdered Aaron by Anonymous Coward · · Score: 0

    Hitler would have been proud

    1. Re:MIT murdered Aaron by Anonymous Coward · · Score: 0

      Hitler would have been proud

      Elitism is ingrained in Jewish culture. Jews are worse than Hitler.

  9. This is very simple. by Anonymous Coward · · Score: 0

    CYA by blaming the victim.

  10. His own fault? by Anonymous Coward · · Score: 0

    Yes, it was his own fault that he was destroyed for being "dangerously naive" in thinking prosecutors wouldn't overreach their bounds. Wow, this is very odd coming from an MIT professor, where students are striving for excellence in often very theoretical fields...not every engineer needs to have his feet on the ground when developing theoretical solutions. Good thing this professor has his head in the clouds, and is "dangerously naive" about how his school helped prosecutors lean on a student, and then justified the school's actions, instead of protecting the student.

    I'm sure this professor won't have any negative action from his naive comments.

  11. Er, all of the above? by Anonymous Coward · · Score: 1

    Aaron Swartz was an activist. He attacked what he perceived as a corrupt system in a more-or-less open manner. That type of activism, in service of a cause he fervently believed in, was and is praiseworthy even if you perceive it as misguided. But it's worth asking whether or not he went in with both eyes open.

    Absolutely Aaron Swartz was mistreated by the criminal justice system. He had the full weight of the system thrown at him, and the fact of the matter is that system is harsh. But independently of how harsh the system is, it's worth noting that Aaron clearly had few ideas of the consequences. So in one sense, prosecutorial overreach destroyed him, but in another, behavior without full knowledge of the consequences led him down that same path. Aaron could have gone on to become the next Larry Lessig if he had had guidance on how to moderate his methods and work to change the powers that be from within. Instead, he's dead. Hal Abelson doesn't get this point across well, but that's ultimately what he's trying to say.

    1. Re:Er, all of the above? by russotto · · Score: 1

      So in one sense, prosecutorial overreach destroyed him, but in another, behavior without full knowledge of the consequences led him down that same path. Aaron could have gone on to become the next Larry Lessig if he had had guidance on how to moderate his methods and work to change the powers that be from within.

      ROTFL. Lessig hans't changed "the powers that be from within". He merely outlined that the system doesn't work that way. He LOST Eldred, his side LOST 2600, he LOST Kahle, and he LOST Golan. The next person who believes in the myth of change within system even as the system demonstrates otherwise? No, I don't think it's likely he would have become that.

    2. Re:Er, all of the above? by Anonymous Coward · · Score: 0

      Oh boy, the logic of "just because it hasn't worked means it will never work." So you're claiming that Lessig, the EFF, the free culture movements, and everyone else that works to raise awareness and try for reform are pursuing a fool's errand? If you think so, then at least be clear that you're more or less a latter-day revolutionary who believes that the only way to reform the system is to destroy it first.

    3. Re:Er, all of the above? by mikael · · Score: 1

      The sad thing is a very similar thing happened decades before with Craig Neidoff and an AT&T technical manual about the E911 phone system worth $23.900 (or $25 when ordered directly from AT&T technical catalog)

      http://w2.eff.org/Net_culture/Hackers/us_v_craig_neidoff.article

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    4. Re:Er, all of the above? by russotto · · Score: 1

      Oh boy, the logic of "just because it hasn't worked means it will never work." So you're claiming that Lessig, the EFF, the free culture movements, and everyone else that works to raise awareness and try for reform are pursuing a fool's errand?

      Yes. The EFF was founded in 1990 and we've been going backwards in terms of "electronic freedom" ever since. Aside from that very first one, the EFF has lost most of its important cases.

      If you think so, then at least be clear that you're more or less a latter-day revolutionary who believes that the only way to reform the system is to destroy it first.

      I think that working within the system cannot reform it. Either the system will expel you, or you'll be co-opted by the system. I'm more a fatalist than a revolutionary, though; I don't think anything's going to work.

  12. Hal is correct that parents have a resonsibility. by TwineLogic · · Score: 4, Interesting

    This Aaron Swartz affair has guaranteed that none of my kids will be attending MIT.

  13. MIT technology review by Anonymous Coward · · Score: 5, Interesting

    Will not be getting my renewal payment now.

    This opinion piece by Abelson is the equivalent of the childish "why are you hitting yourself?" game.

    Swartz commits what in any rational country is a minor infraction at best, local prosecutors decide it's not worth pursuing, so federal prosecutors with immunity from any liability decide to threaten him with a few decades in federal prison.

    His response was actually the most logical of all. Highlight what has become a dangerous threat to liberty by becoming a martyr.

    1. Re:MIT technology review by Anonymous Coward · · Score: 1, Insightful

      Swartz commits what in any rational country is a minor infraction at best

      Dude. He hid himself in a closet in MIT and illegally downloaded and posted millions of journal articles. He did it on this scale deliberately to call attention to his act. And this was after being unsuccessfully prosecuted for much the same stunt in Chicago a few years before, and then taunting the FBI from his private website.

      Then there's the fact that Swartz consulted Lawrence Lessig in advance of the MIT download, and Lessig advised him not to do it.

      He did it anyway - and was prosecuted for it! Oh, whoa, poor, poor Aaron being bullied by the big bad Federal Government and MIT! And now he might actually have to go to jail for downloading a few journal articles! Why was he born to live in such an awful world?

    2. Re:MIT technology review by Anonymous Coward · · Score: 1

      Perhaps the real reason for the overreach was not the 50 years in prison but rather to co-opt him into the nightmare world of the surveillance state.

    3. Re:MIT technology review by wisnoskij · · Score: 0

      The most logical course to being threatened with a little jail time is to kill yourself?

      --
      Troll is not a replacement for I disagree.
    4. Re:MIT technology review by russotto · · Score: 4, Insightful

      The most logical course to being threatened with a little jail time is to kill yourself?

      The government proposed to throw him in a cage for months or years, along with a bunch of people who were a lot tougher and meaner than he was. The government would work diligently to prevent escapes, but protecting inmates from each other would not be a priority. Assuming he survived this experience, once he got out, he would be ineligible (as a result of his felony conviction) for any form of work he was qualified for, and thus would be faced with, at best, a life of scraping by with low-wage unskilled labor.

      I can see why suicide looked like a rational alternative.

    5. Re:MIT technology review by gweihir · · Score: 3, Insightful

      You should check whether you are human. You seem to miss essential characteristics.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    6. Re:MIT technology review by Anonymous Coward · · Score: 0

      Do you want the rest of us to hope that you die rotting in a jail? Or maybe a very wrongly tied noose most gently applied is good enough for the likes of you? Let the birds kill you?

    7. Re:MIT technology review by wisnoskij · · Score: 1

      Just because you are in prison does not make you a horrible person who causes as much pain and suffering as possible.
      Kevin Mitnick, for example was in the general prison population for quite a bit, and if I remember correctly specifically, said that he never had any trouble. And in the related case, the young geek hacker Bernie S. only had trouble after he was specifically put in a dangerous situation by the government as ~"~punishment for his numerous appeals~"~.

      --
      Troll is not a replacement for I disagree.
    8. Re:MIT technology review by Anonymous Coward · · Score: 0

      Wish I had mod points to mod this up, I was thinking the exact same thing. Aaron is a hero and a martyr and did EXACTLY the right thing.

    9. Re:MIT technology review by Windwraith · · Score: 1

      No, but there are other guys in prison, some violent or without a working moral compass. And he's talking about a life of misery once out of it, if he survived.
      If you are a honest worker, you can't recover from jail. It makes people think you are some violent crook, thus they won't hire you. It doesn't need to make sense to be true, and they surely won't bother pursuing the truth.

    10. Re:MIT technology review by Anonymous Coward · · Score: 0

      Do you want the rest of us to hope that you die rotting in a jail? Or maybe a very wrongly tied noose most gently applied is good enough for the likes of you? Let the birds kill you?

      This thread does have the feel of a lynch mob. It must feel safe and comfortable being part of that, though. Congratulations.

    11. Re:MIT technology review by Anonymous Coward · · Score: 0

      You should check whether you are human. You seem to miss essential characteristics.

      That's an "Insightful" adrenaline-fueled ad hominem attack. Nice.

    12. Re:MIT technology review by Anonymous Coward · · Score: 0

      What the hell? If you have something intelligible to say, then say it!

      Please explain the difference between the 2 million people currently in prison and Aaron Swartz that meant he had to kill himself, and they didn't.

    13. Re:MIT technology review by russotto · · Score: 1

      Please explain the difference between the 2 million people currently in prison and Aaron Swartz that meant he had to kill himself, and they didn't.

      Most felons will spend their lives in and out of prisons, committing crimes for gain in between terms. I don't think Swartz was up for that kind of life. There's not really much else you can do; most white collar employers and many blue collar employers do not hire felons (and those that do tend to pay very poorly), most professional licenses and certifications are unavailable to felons, and Swartz probably wasn't as business-savvy as Kevin Mitnick.

    14. Re:MIT technology review by dbIII · · Score: 1

      Dude. He hid himself in a closet in MIT and illegally downloaded and posted millions of journal articles

      So? Where is that on a scale from zero to littering?

    15. Re:MIT technology review by Anonymous Coward · · Score: 0

      Dude. He hid himself in a closet in MIT and illegally downloaded and posted millions of journal articles

      So? Where is that on a scale from zero to littering?

      Let's turn that around - how would you rate the actions of the prosecutor and MIT on a scale of enforcing the law to doing their jobs?

    16. Re:MIT technology review by Anonymous Coward · · Score: 0

      Let's turn that around - how would you rate the actions of the prosecutor and MIT on a scale of enforcing the law to doing their jobs?

      How about evaluating them on a scale from "Learned the lessons of Nuremberg" to "Enforcing illegal laws, infringing fundamental rights, and unethical conduct"?

    17. Re:MIT technology review by Anonymous Coward · · Score: 0

      Most felons will spend their lives in and out of prisons, committing crimes for gain in between terms. I don't think Swartz was up for that kind of life

      Then maybe don't do that. There is no way someone like Swartz couldn't get a job to feed himself after prison. Yes, if he was convicted his options would be limited somewhat, but he was a clever and well-liked guy.
      His suicide was senseless and unnecessary, and not the kind of thing people should be defending as justified or inevitable.

    18. Re:MIT technology review by Anonymous Coward · · Score: 0

      And this was after being unsuccessfully prosecuted for much the same stunt in Chicago a few years before, and then taunting the FBI from his private website.

      "Unsuccessfully prosecuted" in this case meaning that they tried for two months to twist the law to somehow make a case against him but eventually gave up because he hadn't done anything illegal by downloading and distributing non-copyrighted material from systems he had a legal right to access.

    19. Re:MIT technology review by Anonymous Coward · · Score: 0

      Being threateded with having your life ruined, by people with far too much power to ever be able to defend yourself against...

      Yes, that is the logical thing to do.

      Personally, I probably wouldn't do it, even though the alternative is worse. But I just have to acknowledge that I am not completely logical in all situations (I might even turn out to be human afterall).

    20. Re:MIT technology review by Ash-Fox · · Score: 1

      Dude. He hid himself in a closet in MIT and illegally downloaded and posted millions of journal articles. He did it on this scale deliberately to call attention to his act. And this was after being unsuccessfully prosecuted for much the same stunt in Chicago a few years before, and then taunting the FBI from his private website.

      Then there's the fact that Swartz consulted Lawrence Lessig in advance of the MIT download, and Lessig advised him not to do it.

      He did it anyway - and was prosecuted for it! Oh, whoa, poor, poor Aaron being bullied by the big bad Federal Government and MIT! And now he might actually have to go to jail for downloading a few journal articles! Why was he born to live in such an awful world?

      Reposting so this gets seen.

      --
      Change is certain; progress is not obligatory.
  14. Hal Abelson by Anonymous Coward · · Score: 1

    co-author of "The Structure and Interpretation of Computer Programs", a well-known introduction to the field of computer science, and incidentally, the Scheme language.

    I agree with Abelson, Swartz seems like a tormented soul who was looking for a way out, but being a drama queen^H^H^H^H^H^H^H^H^H^ dramatic sort, he wanted to go out in a blaze of glory. Although the cause he chose - that academic journal articles should be free as in beer, and not just available for those willing to fork over a few bucks on their credit cards, doesn't seem to be in the same class as the type of social change that, let's say, Martin Luther King Jr. or Susan B. Anthony fought for.

    So I'm glad that someone associated with MIT with Abelson's stature had the guts to step forward and say what many of his colleagues are probably thinking in private. Aaron Swartz is responsible for his suicide, not the prosecutors, MIT, JSTOR, or anyone else.

    1. Re:Hal Abelson by Anonymous Coward · · Score: 0

      Sorry, I don't want professors that think people being naive and idealistic is a problem and should avoid any kind of risk, after all anything "with a computer" can get you a life in prison in the US.
      And say MIT is not responsible when it didn't stand up for its students is ridiculous and not a sign of good character.
      Maybe not responsible for the suicide itself, but honestly that is just the spark. There is a whole lot of things they should be blaming themselves for, and the only thing they do kind of blame for is for not making their students into 100% conformist idiots.
      For the life of me, I don't want these kinds of teachers.

    2. Re:Hal Abelson by Anonymous Coward · · Score: 0

      And say MIT is not responsible when it didn't stand up for its students is ridiculous and not a sign of good character.

      Swartz was affiliated with Harvard, not MIT. He had access to JSTOR through Harvard.

    3. Re:Hal Abelson by serviscope_minor · · Score: 2

      co-author of "The Structure and Interpretation of Computer Programs", a well-known introduction to the field of computer science, and incidentally, the Scheme language.

      so?

      Although the cause he chose - that academic journal articles should be free as in beer, and not just available for those willing to fork over a few bucks on their credit cards,

      Good job trivialising things there AC. What he actually wanted was free access to research already paid for by the public. Not a "few" (i.e. $50) every time you want to view an article your tax has already paid for. This is also a massive two teir system. The have's who happen to be at the right institutions and the have nots who are excluded from benefiting from stuff they've already paid for by rampant profiteering.

      Sure not on the level of Martin Luter King Jr, but a worthy cause certainly.

      If you insist people meet that level, then you will be sorely disappointed. Not only in other people but yourself since you will never attain those heights either.

      not the prosecutors

      Bullshit. Destroying someone's life over a minor civil offence and at most a misdemeour trespass charge will drive people to suicide. In no system was the legal response proportionate and reaonable.

      --
      SJW n. One who posts facts.
    4. Re:Hal Abelson by Anonymous Coward · · Score: 0

      co-author of "The Structure and Interpretation of Computer Programs", a well-known introduction to the field of computer science, and incidentally, the Scheme language.

      so?

      The point is that Abelson is not some no-name faculty who might be accused of interjecting in this to score some PR, and favorable opinion from likeminded colleagues. The man's reputation is already established. He's spending personal capitol here by standing up for what he believes in.

      If you insist people meet that level, then you will be sorely disappointed. Not only in other people but yourself since you will never attain those heights either.

      I have no personal plans to pull any stunt (or pair of stunts) like what Swartz did, especially not for "information wants to be free" type causes. And there have been probably over a dozen Slashdot articles on Swartz since he killed himself, with most of the +5 posts on those stories raving about what a hero Swartz was and how horrible MIT and the prosecution were for enforcing the laws that Swartz deliberately broke. Go back and look.

  15. shoot the messenger, blame the victim by bzipitidoo · · Score: 0

    MIT professor says messengers shouldn't be so naive. They should know that recipients have the right to strike off their heads for delivering bad news. Their trainers should have told them that.

    Oh, the message? Copyright is dead. And what is MIT doing about that fact? Getting chummy with the likes of the RIAA and Elsevier? The RIAA is a confused and vicious organization that is in deep denial about copyright.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    1. Re:shoot the messenger, blame the victim by Sarten-X · · Score: 1

      Messengers delivering bad news should know that the recipients will be mad, and it's naive to assume that all recipients will be civil. Their trainers should have warned them to watch out for any signs of aggression, and to deliver their message with carefully-planned tact so as to minimize risk.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    2. Re:shoot the messenger, blame the victim by munch117 · · Score: 1

      Oh, the message? Copyright is dead.

      Shucks, really? I never knew, copyright is dead?!

      Well, bye-bye GPL then. No copyright, no GPL. I suppose this means the MIT (sic!) license side won, since that's the closest thing to having no copyright at all.

    3. Re:shoot the messenger, blame the victim by cpghost · · Score: 1

      Oh, the message? Copyright is dead.

      Copyright is causing death. There, fixed that for you.

      --
      cpghost at Cordula's Web.
    4. Re:shoot the messenger, blame the victim by Anonymous Coward · · Score: 1

      MIT professor says messengers shouldn't be so naive. They should know that recipients have the right to strike off their heads for delivering bad news. Their trainers should have told them that.

      Nobody killed him. He committed suicide.

      Oh, the message? Copyright is dead. And what is MIT doing about that fact? Getting chummy with the likes of the RIAA and Elsevier? The RIAA is a confused and vicious organization that is in deep denial about copyright.

      Copyright is simultaneously dead, and at the same time so alive that it is able to 'force' Aaron Swartz to kill himself, because it turns out that nobody told the courts or the police or the lawyers that copyright had been eliminated by his decision that he didn't like it.

      You can't declare copyright dead - either legally or in practice - by committing mass copyright infringement and not actually getting away with it. In that sense his message was self-evidently a failure.

    5. Re:shoot the messenger, blame the victim by bzipitidoo · · Score: 0

      Despite appearances, copyright really is dead. Yes, the law still exists, courts try to enforce it, and many people still think it's a shame that copyright doesn't work and fantasize that they could someday produce something that can be "protected" by copyright, instead of unreservedly celebrating the vastly expanded capabilities technology gives us for the exchange of ideas and knowledge. And yes, the GPL relies on copyright, and I know Stallman supports it for that reason. Doesn't change that copyright is now hopelessly unrealistic. If the Internet could be kept under such extreme surveillance that records of every byte transmitted could be kept and analyzed, it wouldn't be enough to squash all online piracy. If it was possible to prevent encryption from ever being used, it would not make piracy impossible to hide. If the Internet could be shut down, there are stll things like sneakernet with flash drives.

      It's not just that piracy can't be stopped. It's that we shouldn't want to stop piracy even if it was possible. The very term "piracy" is a pejorative, just another piece of the huge propaganda effort to convince the public that sharing is bad and will cost jobs, destroy art, and ruin the economy and all that. Sharing is good. Sharing is a public good. Sharing of knowledge made us, and is very nearly as vital as breathing to the survival of civilization. For any small group to attempt to arrogate to themselves the right to decide what and how knowledge shall and shall not be shared is not just rent seeking profiteering, it is nothing less than treason against all humanity. It would be a huge tragedy if we came up with means to soften or avert Climate Disruption, but failed to employ them because of trivial intellectual property concerns until it was too late and as a result lost our civilization. Climate has killed many civilizations. Don't make the mistake of thinking our current civilization is so much stronger and smarter that it can't happen to us. And there are surely other perils. We know intellectual property law is routinely abused to cover up problems, hide things that the public needs and deserves to know. It's entirely too convenient for the propaganda pushers; they can't resist using it especially to suppress information. Fukushima is just one of many examples of that, with TEPCO repeatedly refusing to talk and when that wasn't accepted, lying to cover up the extent of the damage. Bisphenol A is another. A classic that everyone should be aware of is the years long attempt to deny the addictiveness of tobacco. Suppression of knowledge, which is what copyright really does, can only aid propaganda.

      The RIAA and brethen have campaigned long and hard to stamp out piracy, and have failed miserably. They overreached hugely, succeeding only in turning a whole generation of fans against them, and in ironically raising awareness that copyright really stinks, and that the issue isn't about starving artists but instead is all about controlling what people are allowed to see and hear, and what artists are allowed to produce. Their propaganda was so far out it was comical. Captain Copyright was a farce. Does the outcome, still ongoing, of their efforts not convincingly demonstrate that copyright is a lost cause? It should.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    6. Re:shoot the messenger, blame the victim by Bing+Tsher+E · · Score: 1

      and many people still think it's a shame that copyright doesn't work and fantasize that they could someday produce something that can be "protected" by copyright,

      Everything that everybody produces IS copyrighted. By default. Even your comment above this. Inherently, because you typed it in, it's copyrighted. Now, don't let your head explode.

    7. Re:shoot the messenger, blame the victim by Anonymous Coward · · Score: 0

      Well, bye-bye GPL then. No copyright, no GPL.

      The confusion of ideas demonstrated by people who make this ridiculous argument really is incomprehensible.

  16. Seykhel by Anonymous Coward · · Score: 0

    I don't know Yiddish but I would now guess that it means something along the lines of: don't fight injustice if this means stepping on some powerful toes. Sure, it's profoundly unjust that scientific publishers profit from the work of scientists that are supported by the taxpayers, and then the taxpayers have to pay again if they wish to have access to the knowledge that was generated by their patronage. But you know what? This system is maintained by pretty powerful guys and you will end up in prison or dead if you mess with them.

    A good mentor who understands seykhel could have helped Swartz devote his efforts to more realistic pursuits. If his natural talent to engage people had been used in more neutral ways, maybe one day he could be the respected member of some panel at MIT instead of being dead. So much potential wasted. Snowden is a similar case.

  17. Re:Hal is correct that parents have a resonsibilit by Anonymous Coward · · Score: 1

    This Aaron Swartz affair has guaranteed that none of my kids will be attending MIT.

    Yeah, and the steroid/PED scandal has guaranteed that none of your kids will pursue a career in the major league baseball.

  18. Of course he was naive by NotSoHeavyD3 · · Score: 1

    Naïve to think there aren't load of scumbag professors like that one.

    --
    Did you know 80 to 90% of the moderators on slashdot wouldn't recognize a troll even if one dragged them under a bridge.
  19. Boils down to: be reasonable, do what is expected by HuguesT · · Score: 4, Informative

    People like Swartz are trying to change the world, much in the way older generations of engineers like some famous person from a large corporation called Steve, who also did things at a younger age that would be very sternly punished now.

    Did anyone teach the prosecutors to be reasonable as well? That would be a change. Right now prosecutors across the country wield unreasonable powers to threaten, harass and destroy people's life without check, which is unworthy of a democracy. Is there a review going on? Did anyone caught on that the USA has the highest imprisonment rate of any country? Is the USA really more violent and dangerous than Russia or Cuba? I don't think so.

  20. Re:Hal is correct that parents have a resonsibilit by Guru80 · · Score: 1

    You might as well expand that to every single major University in the world. They are all the same more or less from that perspective.

  21. Re:Yiddish by superwiz · · Score: 1

    I think he was reflecting on Aaron's not getting the full benefit of his Jewish heritage.

    --
    Any guest worker system is indistinguishable from indentured servitude.
  22. Canary in the Coal Mine by Anonymous Coward · · Score: 2, Interesting

    I've been trying to make sense of this whole affair, and the above metaphor helps.

    Miners used canaries to monitor oxygen and harmful gas levels because canaries are more vulnerable than miners, and while a dead canary is a clear warning, a happy, chirping canary is a true comfort.

    If we give the canary some free will, mixed with smarts and some innocence, we get a bird who wanted to look at the miners, who was willing to accept some degree of risk associated with flying in a mine, but who instead unexpectedly encountered poison gas.

    No, the metaphor doesn't teach any lessons directly, but it does let all the participants have roles in the story, to think about them in isolation and in combinations.

    When you end up with a dead canary, it is important things to discover *all* the whys.

    But it may be more important to ponder the silence. To think about the fate of future canaries.

    1. Re:Canary in the Coal Mine by ObsessiveMathsFreak · · Score: 1

      "...I award you no points, and may God have mercy on your immortal soul."

      --
      May the Maths Be with you!
  23. Here we go again by Sarten-X · · Score: 3, Interesting

    The biggest tragedy about the actions leading to Aaron Swartz's death is that he's become a martyr for a ridiculous cause. Swartz once worked with a friend of mine, and from what I've been told, "naive" isn't too far outside his personality. I'm told he was an idealist, with little regard for consequences, and often a blind faith that things would work out with good triumphing over evil. Unfortunately, he was stuck living in the real world.

    While I agree on the principles of his actions, that science should be freely available, the actions he took to accomplish his goals were asinine. Wantonly breaking the rules of the institution you're trying to change will not actually bring about change; it just makes your opponents mad. When your opponents have vastly superior power, that's a pretty bad idea.

    What makes civil disobedience an effective form of protest is that the laws broken are trivial, but the trials must be public, so the whole affair is a PR campaign. Few remember that Rosa Parks' disobedience was not the first of its kind, but rather just the best candidate to go through a full (and widely-publicized) trial. By Parks becoming a celebrity over an injustice, the whole civil rights movement gained popularity.

    What I see now is a disturbing trend of irresponsible lawbreaking, under the banner of "protesting". Websites are hacked, contracts are ignored, and people with small problems feel entitled to disrupt all normal business until somebody takes care of them. Somewhere, people have forgotten that change comes slowly.

    Bradley Manning could have released his information in small quantities to human rights advocates. Edward Snowden could have sent information anonymously to the EFF. There are responsible channels for changing the world, but they are slow and often frustrating. Swartz had already founded Demand Progress to fight various forms of online censorship; adding scientific lockdown to that campaign would not have taken much effort, and would be much more likely to succeed than going after JSTOR directly.

    Can we as a society please stop this madness? Let's stop glorifying leaks, stop vilifying our opponents, and stop encouraging concerned citizens to become martyred heroes. Instead, let's promote patience, compromise, and a steady societal change, rather than an overnight revolution.

    --
    You do not have a moral or legal right to do absolutely anything you want.
    1. Re:Here we go again by Anonymous Coward · · Score: 0

      Care to address the opposite side as well? Judicial overreach is as bad as, or worse than "irresponsible lawbreaking".
      That irresponsibility ( usually an act of the young or the immature) usually fades but the mailed fist is hard to unclench.

    2. Re:Here we go again by MightyMartian · · Score: 1

      You should feel lucky the Continental Congress didn't take your "long" view.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:Here we go again by Anonymous Coward · · Score: 0

      > The biggest tragedy about the actions leading to Aaron Swartz's death is that he's become a martyr for a ridiculous cause. Swartz once worked with a friend of mine, and from what I've been told, "naive" isn't too far outside his personality. I'm told he was an idealist, with little regard for consequences, and often a blind faith that things would work out with good triumphing over evil. Unfortunately, he was stuck living in the real world.

      Yeah right. Realpolitik, it's the way it is, dog eat dog, therefore... what?

      Have some fucking principles yourself and do your damned best within your sphere of influence to make sure those in your family, workplace, politicians, civil servants do the same.

    4. Re:Here we go again by Anonymous Coward · · Score: 0

      Absolutely right about civil disobedience. Read Henry David Thoreau. The whole point is that you go to prison. Gandhi, Martin Luther King understood this.

      Disagree this had anything to do with incremental change, though. Individuals who risk, even sacrifice themselves are a noble part of instigating large-scale social change. That Manning and Snowden are naive doesn't prevent their actions from being justified if in fact thought out, though Snowden almost lucked into a soft landing and Manning's case is tragic for him.

      Anyway, Swartz had been told his whole life that the rules didn't apply to him. Then he comes up against the realities of the state's monopoly on violence. Then can physically put you away. He couldn't handle it.

      And depression. It's a killer.

    5. Re:Here we go again by Kohath · · Score: 1

      Edward Snowden could have sent information anonymously to the EFF.

      Are you really trying to say Edward Snowden wouldn't have been caught if he did that? Really?

      If he'd done what you suggest, he'd be in jail or worse.

    6. Re:Here we go again by Anonymous Coward · · Score: 0

      Look people who do change the world are a wee bit distant from the real world (TM). It is popular to all inventors and innovators and often people in positions of authority. Goes with the terrority. The question is why is the socio-political environment for technology oriented folk becoming so much of hazard. It was never great but gotten worse. If I decided to do anything techie, I'd prefer to be another Satoshi than a Swartz. I'm not the only one coming to that conclusion. Only rich and politically fashionable people like Elon Musk can accomplish change today and remain known. Color outside the lines and your a target.

    7. Re:Here we go again by Sarten-X · · Score: 4, Interesting

      Maybe if they had, they would have written essays for years prior to the Declaration of Independence, slowly building public support and highlighting the injustice of the British rule. Following the official channels, they should have sent representatives to England to attempt to have their interests heard, even knowing that their requests would be denied. After the first stirrings of independence, it would probably have taken at least ten years before support was widespread enough to actually go ahead with a revolution.

      Oh, right... that's exactly what happened.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    8. Re:Here we go again by Anonymous Coward · · Score: 0

      They did it the slow way, because at the time, that's the only way they had. We have better communications today. You might have noticed.

    9. Re:Here we go again by Anonymous Coward · · Score: 0

      > stop vilifying our opponents

      Funny you mention this. The problem is that the prosecution side did exactly this. And I don't consider it "vilifying" to tell the justice system that we should have progressed since the Rosa Parks etc. happened, not regressed (was Rosa Parks threatened with 50 years in prison?).
      It is not vilifying if I say that I strongly believe some people do not have a place in the justice system, at least not today. And that the prosecution involved here seems to me quite certain to be among those.

    10. Re:Here we go again by Anonymous Coward · · Score: 0

      Would you bleed water if cut? Because you sure are diluted. Is that your attempt at fairness? Would that be “homoeopathic” fairness?

      You can't be a sock puppet, nylon stockings perhaps, but not a sock. If you are then you must be paid in volumes of air^Waether.
       

    11. Re:Here we go again by Anonymous Coward · · Score: 0

      Prosecution of crimes is a function of the Executive, not the Judiciary. Have you really thought enough about governance to contribute anything to a discussion of public policy?

    12. Re:Here we go again by Anonymous Coward · · Score: 0

      The process is called the judicial process, not the execudicial process. The judicial process is the tool the executive uses to punish people, when they aren't using drone strikes.

    13. Re:Here we go again by Sarten-X · · Score: 1

      They could have blown up British ships, or just started slaughtering British soldiers, or gathered guerrillas to immediately start a war. That'd be quick, but ineffective because their adversary was so much stronger.

      Communications have changed, but human nature hasn't. We still take a long time to change our minds.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    14. Re:Here we go again by oldhack · · Score: 1

      And let's let everyone win powerball jackpot.

      --
      Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    15. Re:Here we go again by Anonymous Coward · · Score: 0

      Well, the Sons of Liberty did destroy some tea...

    16. Re:Here we go again by Anonymous Coward · · Score: 0

      Pfft. Snowden has acted far more responsibly than the lot of the characters you mention. The information the Guardian et al. has been releasing will set the NSA and USG's efforts to monitor the Internet way back.

    17. Re:Here we go again by ObsessiveMathsFreak · · Score: 2

      Instead, let's promote patience, compromise, and a steady societal change, rather than an overnight revolution.

      Ah yes. The "Occupy" doctrine. Sit peaceably outside your opponent's house of crime and continually ask him to "stop being bad" until he stops being a criminal, or oppressor, or whatever. The sound of his boots continuing to trample your head should only strengthen your resolve to be the best non-commital, passive-agressive protestor you can be.

      Or you can get up off your apathetic rear end and actually try to change things. Often this will require you do do things people currently running things don't like.

      --
      May the Maths Be with you!
    18. Re:Here we go again by Anonymous Coward · · Score: 0

      Nothing of what you said has any relation with the real problem.
      Talking about Swarts motivation or psychology is just personality murder of the victim.

      The real central problem here was: the disproportionated institutional bulling... just to make
      a clear point: don't mess with corporate profits

      jup, if in the end we all are gona be death, why be worried by anything... better don't make
      any sudden fuss, and let the ones in power slowly adapt, the majorities forget, and any
      possibility or expectation of accountability disappear... yes, all that always work great

    19. Re:Here we go again by Anonymous Coward · · Score: 0

      So, basically, you are saying Swartz had the mentality of a sheltered 9 year old. Manning was an easily manipulated pawn, just what WikiLeaks wanted. Snowden is a grand-standing asshole who claims he doesn't want to hurt the U.S. while hurting the U.S. because he thinks if he continues to hurt the U.S. it will allow him to go home and be with mommy and daddy and all will be forgiven.
       
      I don't care Swartz is dead. I think Manning should have gotten the death penalty. I think Snowden should be hunted down, captured and returned to the U.S. for trial if possible, and killed if not.

    20. Re:Here we go again by RedBear · · Score: 1

      Rosa Parks was also breaking the law. I'm sure many at the time even described it as "irresponsible". She also had no particular intention of becoming a poster child for the civil rights movement. She was just tired and didn't feel like complying with an unjust law that day. After all, she and millions of others had been patiently waiting for those unjust laws to be "fixed" for their entire lives. Funny how all that patience and waiting for gradual change never seemed to accomplish a damned thing. Overnight revolutions happen precisely because people get tired of waiting their whole lives, and often the lives of their children and grandchildren, for injustices to be magically fixed slowly and gradually.

      Sorry if some people are not conforming to your personally sanctioned path for changing the world. But by all means continue working on your 1,000 year plan for steady societal change. Meanwhile, be sure you don't break any laws irresponsibly.

  24. Generation Y's unusual sense of "responsibility". by Anonymous Coward · · Score: 1, Insightful

    Generation Y (that is, the reddit crowd) sure does have a rather weird sense of "responsibility", in general.

    Why should anyone aside from Mr. Swartz feel responsible for something harmful that Mr. Swartz did to himself, by himself, completely voluntarily? They shouldn't, of course.

    So many members of Generation Y completely pervert the concept of responsibility in all respects. Not only is Mr. Swartz incorrectly absolved of his responsibility in this ordeal, but others with no responsibility at all are somehow considered to be "responsible".

    Here we have nearly an entire generation completely misunderstanding a very basic concept like responsibility. It's quite unusual, quite absurd, and to some extent quite scary.

  25. Amazing lack of humanity there. by Anonymous Coward · · Score: 2, Insightful

    If mental torture didn't work, nobody would try it.

    If bullying didn't work, nobody would try it.

    But you're a shit, so what the hell am I doing? You're not listening.

    1. Re: Amazing lack of humanity there. by gnasher719 · · Score: 4, Insightful

      That generation's utter miscomprehension of the concept of responsibility causes some of them to mistakenly think that holding somebody (like Swartz) responsible for objectionable behavior is "mental torture" or "bullying".

      We could try to hold the prosecutor responsible for her objectionable behaviour, but she doesn't give a shit. Decent people would feel that being responsible for a person killing themselves is like mental torture; she obviously doesn't.

      I always find it amazing how Americans apply the concept of responsibility so selectively.

    2. Re: Amazing lack of humanity there. by Ol+Olsoc · · Score: 1, Insightful

      We could try to hold the prosecutor responsible for her objectionable behaviour, but she doesn't give a shit. Decent people would feel that being responsible for a person killing themselves is like mental torture; she obviously doesn't.

      But that really isn't the case. Something else had to be going on in Mr Swartz's life. Most people od not kill themselves when being prosecuted. And Swartz could have been much more effective seeing out his prosecution rather than offing himself.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    3. Re: Amazing lack of humanity there. by dbIII · · Score: 2

      His girlfriend was threatened with some serious charges to get at him (that's how low this went) and apparently he saw suicide as the way to prevent her from being imprisoned.
      So yes, there was a lot going on and it was coming from the prosecutor who decided to go after all his contacts Mafia style.

    4. Re: Amazing lack of humanity there. by Anonymous Coward · · Score: 0

      "We could try to hold the prosecutor responsible for her objectionable behaviour,"

      No you can't. You do not have the power to do so.

  26. True lesson by Gravis+Zero · · Score: 4, Insightful

    I think the real lesson to be learned here is how dangerous the legal system really is. I do say legal system because it's not a justice system as there was no justice served here.

    It's abhorrent how people can simply claim they had nothing to do with it when their actions or lack there of are the most critical aspect in this case.
    May the gravity of their [in]actions weigh upon those participating or complicit in this farce. This is not a penalty or punishment, this is your wage.

    --
    Anons need not reply. Questions end with a question mark.
  27. Same evil as Established Churches spout by Anonymous Coward · · Score: 1, Interesting

    When any organised religion exercises its power (throughout Human History) to destroy an individual, afterwards they ALWAYS make a report or announcement in exactly this form of language, decrying that the 'dangerous' individual destroyed himself (vanished few examples of females considered significant enough to be given this treatment) with 'naive' behaviour patterns. They always say that the 'Church' did not want to hurt the individual, but were left with no choice.

    So MIT acts and responds like a depraved religious entity. We should not be surprised. The governance of MIT has NOTHING to do with science or engineering- just power and corruption. The vast sums of money that flow from TAXING every student at entry for 'access' to papers that do not benefit the authors, ensures that managers at places like MIT will do anything it takes to protect the yearly kick-backs that enrich their bank accounts.

    This is the 'American Way'. Remember that in the USA it is EXPECTED that politicians who begin their careers as virtual paupers will end it worth hundreds of millions of dollars via the "politicians are exempt from corruption and insider trading laws" mechanism that your masters put into place when the USA gained 'independence'.

    At least you can be grateful that the monsters work hard to rub your face in the truth, so even if you are naive enough to attempt to be an apologist for MIT, that line of self-delusion cannot be sustained.

    1. Re:Same evil as Established Churches spout by Anonymous Coward · · Score: 0

      They always say that the 'Church' did not want to hurt the individual, but were left with no choice.

      Yes, I always love that one. Modern Vatican apologists for the inquisitions claim that the executions were always carried out by the civilian authorities, not by the religious ones and also, amazingly, that, after torture leading to a confession, the accused could recant and further torture or imprisonment was forbidden by church rules. The part about it being the civilian authorities doing the actual execution, so that somehow absolves the church is ridiculous and contemptable on its face. The part about recanting doesn't seem to make a lot of sense. You would expect to see almost no-one executed if that were the case. So, either the modern apologists are lying, or they're omitting critical details. Such as the rule about recanting being a secret from the accused and possibly everyone else in the process, so that they could recant only to one particular church official, who walks out of the room and doesn't come back immediately after the confession. Or, possibly, if they recanted, they just got handed over to the civilian authorities for a short trial for issuing a false confession with more torture and painful execution. The kind of crap being pulled by modern prosecutors is no different in substance than what was perpetrated during the Inquisitions even if it is at least a little different in degree.

  28. Aaron Swartz *did* destroy himself... by hey! · · Score: 2

    with a length of rope.

    It's dangerous and futile to assign blame in a suicide to anyone other than a victim. Swartz's death is not MIT's fault.

    That doesn't mean that mean that MIT is off the hook for killing a plea bargain deal that JSTOR was happy with. That was wrong, but it would have been wrong even had Swartz not taken his life.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:Aaron Swartz *did* destroy himself... by Anonymous Coward · · Score: 0

      A trivial “crime” to the benefit of humanity as a whole (unimpeded access to published scientific knowledge).

      Verdict: official harassment by the greatest civilian power of the state/nation, by a powerful pseudo-monopolistic company, and by a globally renowned university until death by suicide.

      Don't defend this shit! Do you not have even a milligram of decency in you?

      Remember Aaron Swartz every time you hear or read anything involving MIT.

  29. Yeah... by Greyfox · · Score: 1

    That would sure be a lot nicer than having to admit to yourself that your harsh actions led directly to the death of someone who was still basically a child in your care, wouldn't it? Well, he's still dead, you're still an asshole and thousands of idealistic young kids like him still apply to your school every year, so I guess it all worked out for just about everyone, didn't it? Perhaps as part of the new student orientation you should give the Fight Club "God Hates You" speech to all the new students. Then at least they'll know what they're in for.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Yeah... by Anonymous Coward · · Score: 0

      That would sure be a lot nicer than having to admit to yourself that your harsh actions

      He chaired the review panel - he did not take part in any of the original actions around the case.

      led directly to the death

      Aaron Swartz did not have to kill himself, nor is it obvious that everyone facing a six month sentence should be assumed to be suicidal.

      of someone who was still basically a child in your care, wouldn't it?

      The only way a 26 year old can be described as 'still basically a child' would be if they had significant developmental issues. Also, he was not a student and not in anyone's care - he was a research fellow.

      This is the heart of the matter. If Aaron Swartz is a heroic internet visionary then it's hard to simultaneously see him as dangerously naive and unable to cope with the pressures created by the situation he deliberately engineered. Far better to twist the facts to place the blame for his suicide elsewhere.

      Well, he's still dead, you're still an asshole and thousands of idealistic young kids like him still apply to your school every year, so I guess it all worked out for just about everyone, didn't it? Perhaps as part of the new student orientation you should give the Fight Club "God Hates You" speech to all the new students. Then at least they'll know what they're in for.

      Perhaps we should start with the assumption that people who commit suicide are, in most cases, responsible for their own behaviour. Denying the agency of suicidal but otherwise mentally competent people doesn't help them, and doesn't help the people around them. Pretending that somehow he was quasi-murdered is not doing anyone any favours.

    2. Re:Yeah... by Anonymous Coward · · Score: 0

      That would sure be a lot nicer than having to admit to yourself that your harsh actions led directly to the death of someone who was still basically a child in your care, wouldn't it?

      How exactly is a 24-year old working at Harvard "basically a child in [MIT]'s care"?

    3. Re:Yeah... by Greyfox · · Score: 1

      I've yet to meet anyone under 30 who isn't still basically a child. Now get off my lawn y'damn kids!

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  30. Re:Yiddish by TwineLogic · · Score: 1

    I think that is blatantly apparent, but thanks for having the nerve to point it out.

  31. Re:Hal is correct that parents have a resonsibilit by TwineLogic · · Score: 1

    Hardly. MIT operates a national laboratory (Lincoln Lab) and is essentially an off-shoot of the federal government. Yes, all schools take funding. Schools like Caltech, MIT, and others which operate national labs are extreme examples of federal entanglement.

  32. Perhaps he wasn't the only one lacking seykhel. by Anonymous Coward · · Score: 3, Interesting

    Rather than allow this to blow over, you decided to write a self serving piece to somehow make your report look unbiased.
    Someone is dead, your institution was involved in the series of events that lead to it no matter what you try to otherwise claim.

    You seem dangerously naive about what a knee jerk reaction from a university can cause to happen, completely moronic about attempting damage control, and have managed to bring the ire for your employer back to the forefront.
    Maybe you really should have listened to your Grandmother and taken her words to heart yourself.

    Sometimes it is better to remain silent and appear a fool, than to open your mouth and remove all doubt.

     

  33. Re:Yiddish by jedidiah · · Score: 1

    > What's Yiddish for "Always throwing your Jewish heritage into every fucking conversation"?

    There isn't an English word for this concept because the Xians spent the last 2000 years trying to keep everyone illiterate and ignorant rather than making you pass a literacy test before you could breed.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  34. Is it wrong? by Millennium · · Score: 1

    Part of using "civil disobedience" as a form of protest is paying the price. In fact, that's pretty much what makes it effective as a form of protest: it's a vital part of constructing the image you want to convey. Swartz did the deed without being prepared to pay the price. In that sense, he did indeed bring it upon himself.

    Aaron Swartz did a lot of things, most of them good, some of them not so much. But the man was a fallen zealot, not a saint. It does nobody any good to put him on a pedestal.

    1. Re:Is it wrong? by Anonymous Coward · · Score: 0

      Well, he was prepared to pay a price. One he chose himself. But as a society you really, really should be asking yourself: Is even the threat of a 50 year sentence a price you consider an acceptable one for "civil disobedience"? Is that the kind of society you want to strive for, where "civil disobedience" that did not even cause any physical or major economic harm comes with a high price?
      If yes, are you prepared for the consequences, like that those who would ordinarily try to cause change via "civil disobedience" might opt for more radical ways like terrorism, since it may seem more effective, about the same risk, and with a chance of never being caught?
      Every single one of us makes society. If you decide that it is ok for it to be a cruel harsh place that is your decision, it has its upsides. But then at least don't be surprised if things get harsher for you, too, in possibly unexpected ways.

    2. Re:Is it wrong? by Millennium · · Score: 1

      The fact that it's unacceptable is what makes paying it an effective form of protest. Putting yourself into that position makes you better able to reach the hearts and minds of the people you are trying to influence. That's how civil disobeience works.

    3. Re:Is it wrong? by Anonymous Coward · · Score: 0

      Part of using "civil disobedience" as a form of protest is paying the price. In fact, that's pretty much what makes it effective as a form of protest: it's a vital part of constructing the image you want to convey. Swartz did the deed without being prepared to pay the price.

      Bingo. POTD

    4. Re:Is it wrong? by Anonymous Coward · · Score: 0

      Except Swartz was not going to pay the price. He was going to pay far, far more than the price. They were going to lock him up and ruin the rest of his life over a minor infraction.

    5. Re:Is it wrong? by Kasar · · Score: 1

      The only alternative for him was to insist on this going to trial, facing the 30-45 years the prosecution wanted, and hoping sense would win the day.
      I'm not sure that is a realistic option in today's courtrooms.

      --
      vi? Who's that?
  35. Re:Thank you Mr. Chamberlain by Anonymous Coward · · Score: 0

    Can we as a society please stop this madness? Let's stop glorifying leaks, stop vilifying our opponents, and stop encouraging concerned citizens to become martyred heroes. Instead, let's promote patience, compromise, and a steady societal change, rather than an overnight revolution.

    There are no previously agreed to boundaries that can be used as a shield against retaliation. When retaliation comes there are no limits to the level of punishment that can be applied. Blaming the victim is exactly the reaction those with power are hoping to elicit. The wife-beater says "Look at what you made me do!". Congratulations for your support of the wife-beater mentality.

    We can stop the madness by not appeasing out-of-control aggression.

  36. Re:Generation Y's unusual sense of "responsibility by similar_name · · Score: 5, Insightful

    It's not a Generation Y thing, it's a philosophical question. You're basically arguing that a defendant is wholly responsible for the consequences of his action regardless of the weight of those consequences and the arbitrary nature in which they seem to be applied. Some argue that society has some responsibility to enforce laws evenly, clearly and with consequences weighted appropriately to the harm against society done.

  37. Re: Hal is correct that parents have a resonsibili by Anonymous Coward · · Score: 0

    Those are the symptoms of a victim of autoerotic asphyxiation, which the family ALWAYS wants to be relabeled as a suicide. Are we sure Aaron didn't just make a terrible mistake while trying to get off?

  38. What a heap of crap. by ridley4 · · Score: 1

    Do you really not get the irony of mentioning the civil rights movement while speaking about "patience, compromise, and steady change?" Do you know why there was this relatively sudden burst of demonstrations, protests, marches, and so on and so forth? Because for the past fifty years since the Atlanta compromise, gradualism was mainly used by the government as an excuse to do nothing about existing issues with no real plans on the agenda for integration. From 1895 until the 1950s, "patience, compromise, and steady change" did jack shit and only served to retard progress. That's why there even was a civil rights movement. People didn't feel like spending generations as second class citizens, waiting patiently for their great-grandkids to have a future they won't be around for and can't say for certain will even come around. There is no way to have slow, steady change on an order less than many generations, because thoughts and cultural memes get entrenched and passed from parent to child, and the only thing that'll force them out is conflict.

    What you're talking about are all symptoms of a dysfunctional society and a refusal of the new social strata, and your examples are riddled with holes and victim blaming, especially because Bradley Manning couldn't've released his information piecemeal because between the volume of data and the constant threat of feds busting down your door, and regardless of what the law says there's nothing right about fifty years in jail for a few minutes in a closet unless you're taking someone's life, and then constant legal issues to the point where you kill yourself just to escape. While you're saying to stop vilifying opponents who well earned their reputations and stop glorifying leaks, what's really being said, be it your intent or not, is to just shut up, bend over, and hope it'll be over quicker this time. Change doesn't come from people lining up and merely wishing things were different, and attitudes like those don't make it happen at all. Stop blaming the victims and look who's really making people into martyrs.

    1. Re:What a heap of crap. by Sarten-X · · Score: 1

      From 1895 until the 1950s, "patience, compromise, and steady change" did jack shit and only served to retard progress.

      I'd bet the NAACP would beg to differ. They were manipulating the civil rights movement since their founding in 1909, highlighting every injustice to build public support, eventually making the protests and demonstrations of the '50s effective. They were the ones who actively chose not to emphasize earlier bus disobedience, until Rosa Parks presented the perfect candidate.

      thoughts and cultural memes get entrenched ... and the only thing that'll force them out is conflict.

      Absolutely true, but it doesn't have to be a conflict with the law, or anything putting people's lives or livelihoods at risk. Often the most effective conflict for changing opinions is to violate prejudice. In my activist work, I've often encountered ex-bigots whose epiphanies came when they had judged someone inferior as usual, only to find a short while later that they had something major in common. That opens the door to realizing the injustice in their own position, and that is what causes a desire for change.

      Bradley Manning couldn't've released his information piecemeal because between the volume of data

      ...so release less data. Does the world really need several gigabytes of mundane diplomatic notes? If the goal is really to highlight military abuses, why not simply enumerate several incidents and include only related evidence? That's enough to get journalists started, without putting military officials on defense.

      regardless of what the law says there's nothing right...

      The law isn't about what's right. The law is about what's legal. Reconciling any difference in the two is the job of the courts, which Swartz was in the process of. Yes, it is wrong that it's usually a several-year process, but that's a matter for another discussion.

      about fifty years in jail for a few minutes in a closet

      Swartz wasn't charged with "occupation of a closet". He was charged with wire fraud and computer abuse, for bypassing several layers of security to get access to data, which he did repeatedly. Each charge carries a short penalty, and all together, he was facing a legal maximum of 35 years and a million-dollar fine, as specified in the laws. Personally, I think it's unlikely he would have received much jail time at all, and the fine would be greatly reduced as well, because the total maximums are excessive for what was essentially automatic.

      The charges are what the prosecutor thinks they can prove, at most. The judge has the ability and the duty to assign a fair punishment based on what the jury says was actually proven.

      then constant legal issues to the point where you kill yourself just to escape

      The real problem, then, is the lack of mental health care. I've been through the legal system myself, and yes, it's a constant nuisance as the lawyers go back and forth with motions and counter-motions, and every week or so has a new hearing where the same stories are retold, and precise definitions of words are debated seemingly without end. This is a problem that should be changed, but it's also not going to happen overnight.

      what's really being said, be it your intent or not...

      ...so you don't actually care what I'm saying, but you've made up your mind what I'm saying anyway. That's prejudice. You should change that.

      ...is to just shut up, bend over, and hope it'll be over quicker this time.

      Hardly. I'm saying to plan your actions and consider the full consequences, knowing the worst case. Go ahead and fight - in fact I encourage it - but do so carefully, to maximize the lasting impact of the price you pay. Ghandi suffered for years for pea

      --
      You do not have a moral or legal right to do absolutely anything you want.
    2. Re:What a heap of crap. by Anonymous Coward · · Score: 0

      > The judge has the ability and the duty to assign a fair punishment based on what the jury says was actually proven.

      Sorry, but with this statement you completely incorrectly deflect blame. Even the prosecution is required to serve justice, just going for "the maximum we theoretically could argue" is rarely, and certainly not in this case, living up to what the job requires.
      If they use this in negotiations without qualifying that no judge would accept it, they smear the reputation of the judicial system and make it complicit in what at least morally is blackmail.
      This is btw. a common theme in patent troll lawsuits and e.g. the SCO story.
      That any honest person would just accept that the judicial system has become the main enabler of a multi-million (if not billion) blackmail industry seems simply impossible to understand to me.

    3. Re:What a heap of crap. by Sarten-X · · Score: 1

      Please take a civics course. The prosecutor is not actually duty-bound to seek some personal idea of "justice". Rather, the prosecutor's job is to lay out a theory of the events, and enumerate what crimes he thinks were committed, that he can thinks he can prove beyond a reasonable doubt.

      The "justice" the executive branch (including prosecutors) is supposed to seek is procedural. Searches should have probable cause, witnesses should be safe from intimidation, and the accused should be treated with dignity and respect - not that this always happens by any means, but it should. The prosecutor should also disclose to the accused exactly what the charges are, and what the options are for sentencing, should the case be proven.

      It's at that point that the accused must absolutely understand what's going on. Yes, Swartz could actually have gotten 35 years in prison, and the prosecutor was right to present that as a fact to be considered during negotiation. Swartz's counsel should then have informed him about sentences in similar cases, and what of the charges were likely to actually be proven. This is why anyone receiving any sort of legal threat (such as from patent trolls or SCO), regardless of their personal legal knowledge, should seek an expert in that particular legal area.

      A good example of the prosecutor's duty to truth, not justice, is the Zimmerman case. That article, written by a lawyer, illustrates well how regardless of what's actually "justice", the prosecutor's goal should be to simply prove what is provable. Moral judgement is the role of the judicial branch. Executing proper procedure is the role of the executive branch.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    4. Re:What a heap of crap. by Anonymous Coward · · Score: 0

      ...so release less data. Does the world really need several gigabytes of mundane diplomatic notes? If the goal is really to highlight military abuses, why not simply enumerate several incidents and include only related evidence? That's enough to get journalists started, without putting military officials on defense.

      The insanity of this statement boggles the mind. Manning couldn't do the filtering if he had five lifetimes. It's 100s of 1000s of docs - what is he going to do, read 25 a second for three hours while not getting caught a single time? Good fucking luck.

      regardless of what the law says there's nothing right...

      The law isn't about what's right. The law is about what's legal. Reconciling any difference in the two is the job of the courts, which Swartz was in the process of. Yes, it is wrong that it's usually a several-year process, but that's a matter for another discussion.

      Actually, IT IS THIS DISCUSSION.

      Personally, I think it's unlikely he would have received much jail time at all,
      [...]
      The judge has the ability and the duty to assign a fair punishment based on what the jury says was actually proven.

      The judges doesn't have the ability to drop a charge below the minimum, so no, he'd have gotten effectively a lifetime - 15+, at least.

  39. Re:Boils down to: be reasonable, do what is expect by b4upoo · · Score: 4, Interesting

    We do need some laws that would limit the threats a prosecutor can make or imply. We saw a similar problem with condominiums in Florida. The condo associations would file suits for huge sums against a condo owner. The condo owner would be forced to retain expensive legal talent to defend and then the association would drop the suit. The condo owners were made aware that they could be bankrupted by that tactic as numerous suits just might be filed against them. The legal solution was to force the completion of each suit filed by a condo association. The same could be done for criminal law. A defendant could only be tried for the highest charge stated or implied. Since the prosecution knows they only intend to prove a lesser charge it forces the prosecution to only indict for the actual crime they feel they can prove. It takes bluffing out of the game.

  40. Re:Hal is correct that parents have a resonsibilit by Anonymous Coward · · Score: 0

    A lesson for his kids. How to not be proud of daddy.

  41. The legal system has no common sense by bussdriver · · Score: 2

    Don't know if it really can be legitimately called a legal system when it clearly does not work--- tomatoes are vegetables, corporations are people, HSBC launders billions in drug money... banks commit outright fraud that crashes economies around the planet... minorities get higher sentences... innocent people go broke or plea to things they are not guilty to.... people spend YEARS in court and jail without a swift trial, and my favorite one: the prisons can't even the keep illegal drugs out!

    Seriously, if you can't keep drugs out of a PRISON you are a joke.

  42. Translation: "Knowledge is Dangerous" by FuzzNugget · · Score: 2

    "And we only want people to have just enough so that we can sell you more of it."

    Aaron was, by every measure, an extraordinarily brilliant individual and we collectively suffered a great loss earlier this year. He was a champion of the kind of freedom that the forefathers of any free country would have themselves admired. Were it not for him, we might have been seeing people with ten-year prison sentences for downloading movies by today.

    MIT feared him because because of this brilliance and brazenness. They knew he was on the fast track to upsetting the establishment. Then they continued acting like cowards and looked the other way while the full force of the US Government sought to destroy his life for the "horrible crime" of publicizing publicly-funded research (with an added dose of vindictiveness for doing the same with PACER ... also publicly-funded knowledge).

    Aaron, like many of us, was frustrated and angered at how the establishment deliberately moves at a snail's pace and seeks to hold knowledge at ransom. Knowledge that gives the people power. They fear people with this power. This, apparently, includes MIT and they should be ashamed of themselves. After all, an intelligence organization that fears intelligence? Historically, not awesome.

    And, if you want to honestly talk about the dangers of exercising the power technology gives you, there's a three-letter government agency I'd like to bring to your attention who's been dangerously and recklessly abusing the power of technology in all sorts of ways. Maybe you've heard of them, they've been in the news a lot lately.

    1. Re:Translation: "Knowledge is Dangerous" by Ash-Fox · · Score: 1

      I found your argument overly emotional and seemed to lack an objective view.

      Aaron was, by every measure, an extraordinarily brilliant individual and we collectively suffered a great loss earlier this year. He was a champion of the kind of freedom that the forefathers of any free country would have themselves admired.

      Very emotive argument, however what I have read does not particularly amaze me. Stuff like documenting work created by Dan Libby and Ramanathan V. Guha doesn't seem that brilliant to me.

      Were it not for him, we might have been seeing people with ten-year prison sentences for downloading movies by today.

      Let's be clear, this was to do with piracy. Not simply downloading something off iTunes.

      MIT feared him because because of this brilliance and brazenness. They knew he was on the fast track to upsetting the establishment. Then they continued acting like cowards and looked the other way while the full force of the US Government sought to destroy his life for the "horrible crime" of publicizing publicly-funded research (with an added dose of vindictiveness for doing the same with PACER ... also publicly-funded knowledge).

      I wouldn't blame MIT for simply avoiding the guy, he clearly was a liability. Also, again another emotive argument, but I don't really see the U.S. government having used stuff such as nuclear weapons.

      Aaron, like many of us, was frustrated and angered at how the establishment deliberately moves at a snail's pace and seeks to hold knowledge at ransom.

      It is my experience many people don't even want to learn to begin with, perhaps he should have tried to fix the real problem?

      if you want to honestly talk about the dangers of exercising the power technology gives you, there's a three-letter government agency I'd like to bring to your attention who's been dangerously and recklessly abusing the power of technology in all sorts of ways.

      What danger am I personally in by this U.S. government agency?

      --
      Change is certain; progress is not obligatory.
  43. Guess Hal would be fine with that then? by Anonymous Coward · · Score: 0

    Hmm what's yiddish for "let's kill all those who do not have (sufficient) intelligence and common sense"? The holocaust?

    Have you bought your ticket Hal? Surely you don't expect the rest of us to to pay for your idiocy. Feel free to bring your lovely grandmother.

    Did I Godwin the thread? Nope! Hal himself introduced the untermensch aspect —I only called him on it.

    Go to hell MIT.

  44. Re:Yiddish by Anonymous Coward · · Score: 0

    I thought the word for that was "Yiddish".

    (On the other hand, trying to make something about yourself part of a conversation on an unrelated topic isn't particular to any ethnicity. Narcissism is a human vice, not an ethnic one.)

  45. Gah! by Anonymous Coward · · Score: 0

    Naivety neither warrants decades in prison, nor a felony conviction! Abelson, you are more than naive, you are criminally culpable for his taking of his life! So, go suck eggs!

  46. Hal is RMS's mentor by Anonymous Coward · · Score: 0

    Where does that leave all of you Othodox Stallmanites now?

  47. What a pile of one-sided inanity by Burz · · Score: 1

    And that's putting it gently.

    What I see now is a disturbing trend of irresponsible lawbreaking, under the banner of "protesting".

    Copyright infringement was only recently criminalized. Now its like the war on drugs only with 10X the potential for persecution.

    Bradley Manning could have released his information in small quantities to human rights advocates.

    Small is a relative term, especially in view of the gargantuan apetite government and large corporations developed for our personal information. And anyway, Manning approached papers like the New York times but they weren't interested in handling the info until there was a whipping boy (Wikileaks) between them and the federal government.

    1. Re:What a pile of one-sided inanity by Anonymous Coward · · Score: 0

      um vhs tapes had copyright threats, of criminal nature, when i was a little kid in the early 80's......when was it "recently" criminalized?

  48. The tragic events around Aaron Swartz by trackedvehicle · · Score: 2

    The events surrounding the death of Aaron Swartz have irreversibly tainted MIT in my eyes. Every time I see some colleagues' affiliation to include MIT, I can't help but take a dim view of them.

  49. Seykhel and Jekyll by moteyalpha · · Score: 1
    This is a very odd juxtaposition of concepts. It could be said that the Jewish people should have know better than to tweak the nose of a Gestapo agent and thus they are to blame for their own deaths because they opposed the policies in Nazi Germany. The public cleansing of conscience serves as a warning to others that established power will continue to act as they have before and others should come in line or they will get the same.
    This type of post event manipulation of public opinion is a hallmark of good propaganda. You start with getting them dirty with exaggerated claims that disassociate the person from the people who might sympathize, then smear them until they are forgotten.
    It looks very much like the actions of a wolf pack leader that sees a threat to their position. First cut the offending subordinate out of the pack. Then proceed to punish them until they submit or die. Then strut and publicize dominance.
    A more recent example comes to mind and I can't ever know the real facts if everybody is just cherry picking to promote their own interests. I model the process and wonder why every event follows the same script?

    Shots fired at the Capitol, Woman shot policeman, Woman shot at police, Woman is shot, Woman has baby with, Woman didn't shoot at police, Woman was crazy, Woman believed that government was spying on her "which is absurd" so don't think that way. Baby is safe in the arms of the people who killed their mother. NSA records of the spying on her reveal many incidents of paranoia about being spied on. Obviously deranged. Praise to the soldiers in full battle gear with machine guns that faced such a dangerous situation with such courage.

    To me it looks like a directed graph that is designed to start at various points and ends where it is driven.

    There is quite a difference between a nation joined in willing common pursuit and a nation where fear of consequence and psychological manipulation is the driving force. These kinds of situations never end well for anybody.

  50. Re:What the hell? Are you serious? by Anonymous Coward · · Score: 0

    your attitude is not just absurd, it's completely asinine.

    Or sour grapes.

  51. There is No Law of Conservation of Responsibility by Anonymous Coward · · Score: 0

    Like the title says, there is enough to go around.

    The prosecution could have acted unethically and unprofessionally and Aaron could have applied more common sense.

    One does not preclude the other.

  52. Re: Hal is correct that parents have a resonsibili by Anonymous Coward · · Score: 0

    Gregor Mendel, you mean.

  53. Re:Generation Y's unusual sense of "responsibility by Anonymous Coward · · Score: 5, Insightful

    Generation Y (that is, the reddit crowd) sure does have a rather weird sense of "responsibility", in general.

    Responding as a member of Generation X to your rather obvious troll, I will say that what I see in Generation Y a hope for the future that we failed at. Are you really so far gone that you have lost all sense of justice, of morality, of just basic decency and fair play? Do you really believe the vitriolic slime that was Thatcherite doctrine that every man is an island, alone?

    The best thing anyone of my age can do is give all the help they can to the generations beneath us - we failed to wrest power away from the hippes that turned into yuppies, but if we pass on our knowledge and experience, but not our jaded cynicism then there might yet still be hope. Personally I think the average Generation Y's morality is a lot less warped than Abelson's will ever be.

  54. Pragmatism in a murky world by Anonymous Coward · · Score: 0

    It's easy to say the "other guy" should change, but that approach will rarely get you anywhere. My reading of Hal's opinion isn't that what happened to Aaron was right or reasonable, rather that there are a lot of things in this world that aren't fair and reasonable. Knowing how to fight those injustices without becoming a martyr, recognizing the potential outcomes of your actions (right or wrong), and a better understanding of how our technological powers fits into society are extremely important (particularly if you're trying to cause waves), perhaps we should be better teaching these "soft" skills, lest we waste another brilliant mind.

    (On a different note, MIT is not a single individual, there are many forces at work. MIT made poor decisions, some people there supported those decisions some people fought them, and many more were likely busy working in the fields they love and unaware of the situation or it's severity. Why not take this opportunity to push MIT to become a better institution, rather than to condemn it).

    1. Re:Pragmatism in a murky world by Anonymous Coward · · Score: 0

      Whoa, there's one sensible comment here.

      My reading of Hal's opinion [...]

      Ah, that explains it: you read the article and thought about it -- unlike the overwhelming majority of the people writing comments here, who are addressing the summary or other comments and completely ignoring the article.

      A lot of people complain about superficial and inflammatory journalism, but reading the comments here it's easy to see why it happens. Most people just want an easy idea that can be explained in one or two sentences, and will willfully ignore anything that needs a few paragraphs to be explained, even when it's just one click away.

  55. Prosecution / Persecution ... by fahrbot-bot · · Score: 4, Insightful

    My brief experiences on the wrong side of the law, way back when I was a youngster, lead me to firmly believe that Prosecutors are way more interested in scoring wins, making examples of people and furthering their careers than in truth and justice. To that end, they always strive to apply as many charges as they can think of and pursue the most harsh punishments available to help ensure they have the maximum leverage and/or win at least something regardless of the facts and circumstances and/or consequences (sound familiar House Republicans?). It's very easy for the accused, especially if young and naive, to be overwhelmed by this process, even with a good, reassuring defense attorney. If I faced the behavior of the Prosecutors in this case, I might also see the ultimate path Aaron chose as the only way out...

    From Wikipedia:

    On January 6, 2011, Swartz was arrested by MIT police on state breaking-and-entering charges, after systematically downloading academic journal articles from JSTOR. Federal prosecutors later charged him with two counts of wire fraud and 11 violations of the Computer Fraud and Abuse Act, carrying a cumulative maximum penalty of $1 million in fines, 35 years in prison, asset forfeiture, restitution and supervised release.

    Meaning, he bypassed a website pay/firewall and downloaded some (okay, many) articles. Is that something warranting 35 years in prison? I think not. We could easily enumerate many, many worse crimes - against actual people - that get less severe punishments. It's seems there's a disconnect in this country between "protecting the innocent" - especially people vs. corporations - and the actual crime and damages. I won't say "punishing the guilty" because Prosecutors don't actually care what someone is guilty of - as long as they win.

    --
    It must have been something you assimilated. . . .
    1. Re:Prosecution / Persecution ... by Anonymous Coward · · Score: 1

      Meaning, he bypassed a website pay/firewall and downloaded some (okay, many) articles.

      Well no, he broke into a cupboard in the library to install a machine so it would incorrectly look like the downloads were coming from a student in the library (covered by MIT's license) and he did this with the intent to republish the articles to do as much damage to JSTOR's revenue as possible, because he disagreed with their use of copyright law as it presently exists in the US. He knew perfectly well that he was breaking the law.

      Is that something warranting 35 years in prison? I think not. We could easily enumerate many, many worse crimes - against actual people - that get less severe punishments. It's seems there's a disconnect in this country between "protecting the innocent" - especially people vs. corporations - and the actual crime and damages. I won't say "punishing the guilty" because Prosecutors don't actually care what someone is guilty of - as long as they win.

      Even the prosecutors were only actually asking for a few months in prison, not 35 years. Still excessive, in my view, but let's not exaggerate by looking at the maximum possible sentence for the offences and then suggesting that this is a plausible number.

    2. Re:Prosecution / Persecution ... by Anonymous Coward · · Score: 0

      Paywall of scientific articles is ridiculous considering how easy digital "copying is" and cheap, actually record/movie/software has huge lobby against copying and laws that protect intellectual property, but is it in place for scientific articles to reside in such system... i dont think so :D

  56. Has it just dawned on anyone by Anonymous Coward · · Score: 1

    Has it really just dawned on anyone, that it was Aaron's own lack to deal with reality of the situation that did him in? It really seems that these whistle blowers lately assume that if they feel like they are doing the right thing, there won't be any consaquences for their actions. Both Manning, Assenage, and Snowden leaked top secert material, and all of a sudden they were shocked when the force of the US government decided they didnt like that and came down on them all with the power of many suns. They all either fled, or in Manning's case had such a break down that he turned into a woman. I hate to break it all to you kids sitting in your basement, but in the real world even if you think you're doing the right thing, there will be consequences that you will have to answer for. This MIT thing is just a bunch of out of touch professors trying to make themselves feel better for trying to save their own skin because look at that they understood there would be repercussions, so I dont even know why anyone would give this the light of day. But if you want to change the world, you have to deal with what might come of it. Aaron couldn't, and he opted out.

  57. Re:Hal is correct that parents have a resonsibilit by Anonymous Coward · · Score: 0

    So what you're saying is that only the minor ones are actual universities? Fair enough, that makes them better in every possible way.

  58. That's how much you should trust MIT. by HiThere · · Score: 1

    That's how much you should trust MIT. What else is there to say?

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  59. And the prosecutors...? by elistan · · Score: 2

    I wonder what Professor Abelson's views are on the reality of exercising the powers of criminal prosecution, and the responsibilities of prosecutors to exhibit seykhel.

  60. Definition of "seykhel" by nbauman · · Score: 1

    Doing something I disagree with.

  61. Re:Boils down to: be reasonable, do what is expect by nbauman · · Score: 1

    We do need some laws that would limit the threats a prosecutor can make or imply.

    We had one. The Constitution. It didn't work.

  62. He obviously had a mental disease by Anonymous Coward · · Score: 0

    He was depressed and killed himself. Suicide is a permanent solution to a temporary problem.

  63. Re:Boils down to: be reasonable, do what is expect by Anonymous Coward · · Score: 0

    As the cliche goes, if you can't do the time - don't do the crime. Especially if you're mentally unstable like Aaron Swartz was. Poor guy needed some antidepressants.

  64. Re: Generation Y's unusual sense of "responsibilit by Anonymous Coward · · Score: 0

    Gen Y are in the military now, dunkass

  65. Reprehensible behavior from MIT by mysidia · · Score: 1

    'dangerously naïve about the reality of exercising that power [of technology], to the extent that he destroyed himself'

    They are trying to set their conscience at ease by Blaming the victim.

    Schwartz did not destroy himself. They destroyed him.

    MIT was complicit in everything that happened to him.

    Schwartz did nothing wrong.

  66. Indeed common sense is now "don't make waves"? by SmallFurryCreature · · Score: 3, Insightful

    There is a scene in Shindler's list were jewish prison laborers are constructing the baracks of a concentration camp. One of them, a young woman, goes to some nazi overseers and tells them the constructions are being done wrong, she is apparently an engineer.

    She is shot for daring to talk to them.

    Who do YOU blame for the outcome of that scene? The woman or the nazi? You might think that if she had kept quiet she would have been fine... but that just shows you have a lousy grasp of history. But if someone had pulled her back, she would not have died that day. And that is the message being send by this article. Don't make waves because the powers that be might kill you.

    It is after all common sense to let sleeping dogs lie. I used to think of that saying as "let that otherwise friendly dog sleep" not "let the guard dog keeping you in the prison compound sleep". Possibly because that last one hardly rolls of the tongue.

    Was Swartz naive in assuming there would be no consequence to disrupting the status quo? To easily panicked when he threw the snow ball and he got caught in the avalanche? Maybe but is the lesson to learn from this to never question the status quo? That would be terrible, for us all to turn into sheep because we might get slaughtered if we don't behave like sleep.

    Yes Swartz was naive. Yes those around him should have been more supportive of him but the fault for his death lies solely and alone with those who prosecuted him.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Indeed common sense is now "don't make waves"? by Anonymous Coward · · Score: 0

      So MIT are nazis for not permitting any old person from misusing their facilities for personal gain?

      Before answering, please remember, Swartz had no affiliation with the institution at the time he committed his crimes.

    2. Re:Indeed common sense is now "don't make waves"? by Anonymous Coward · · Score: 0

      for personal gain

      What personal gain?

    3. Re:Indeed common sense is now "don't make waves"? by Anonymous Coward · · Score: 0

      We have no power whatsoever. We must obey. We may not marry whom we wish (age of marraige laws(which are against most old religions that let you marry girls, not only spinster women or old maids)). We may not own what we wish, we may not build what we wish.

      We are cattle. That is the truth. We exist in the hope we can be useful to our master.

    4. Re:Indeed common sense is now "don't make waves"? by Anonymous Coward · · Score: 0

      So MIT are nazis for not permitting any old person from misusing their facilities for personal gain?

      "Personal" gain? What is the argument that he did it for personal gain? He had personal access to any article he wanted already, so he wasn't gaining anything in particular personally by bulk downloading. He was doing it for the general public and he clearly had no intention of charging anyone for it or profiting from it.

      Before answering, please remember, Swartz had no affiliation with the institution at the time he committed his crimes.

      He was a Harvard Fellow visiting MIT's "open campus". That's sufficient affiliation.

  67. Re:Generation Y's unusual sense of "responsibility by Anonymous Coward · · Score: 0

    Pardon me? You, your parents and your grandparents have not fought for anyone's freedom.

    If you're Generation X, then you were born in America between 1965 and 1980. You may have served in Afghanistan and Iraq, but those wars were never about freedom.

    Your parents were born in America between 1945 and 1965. They were Boomers. The ones born earliest may have experienced Vietnam, but again, that war was never about freedom.

    Your grandparents were born in America between 1925 and 1945. They were born well after WWI, and most were children during WWII and Korea. Then again, of those wars, only WWII is remotely tied to freedom in any way, but America's involvement certainly was not related to freedom.

    So it's pretty clear that you, and your parents, and even your grandparents have never fought for freedom, have never fought in just war, and have never been on the good side of any international conflict.

  68. Re: Is there a yiddish word for asshole? by M.+Baranczak · · Score: 1

    Spanish may be the best language for swearing, but Yiddish is the greatest language for insulting people. I'm sure it has many words that would be appropriate here.

  69. Aaron was anything but a depressed person. by hackus · · Score: 1

    From what I have been able to research on the guy, he had lots of friends, was not isolating himself and was very active in what he believed to be correct human behaviour with regards to compassion and what that means in the pursuit of knowledge.

    He was also worth millions.

    He had no reason, whatsoever to take his own life, in fact from what I have seen had every reason to be quite happy.

    He had some problems, but to the extent that would warrant his personality profile to kill himself. Also the manner of such "suicide" doesn't fit the personality profile of someone who is clinically depressed.

    -Hackus

    --
    Got Geometrodynamics? Awe, too hard to figure out? Too bad.
  70. I would like to see Lawrence Lessig respond by Anonymous Coward · · Score: 0

    The op-ed seems self serving but I do respect Hal Abelson. I would really appreciate a thoughtful response from Lawrence Lessig, maybe even a debate. Anyone have access to the bat signal?

  71. The "reality" of the situation. by Anonymous Coward · · Score: 0

    I would be interested to know more about this "reality" of the situation the professor goes on about, and in particular a reality more adequately captured by a Yiddish saying than a perhaps more verbose English explanation.

    Does he mean the reality that power will crush you if you are seen to threaten it?
    Maybe he means the reality the only truth is the consensus of the powerful?
    Or maybe he means that MIT is not so much interested in the pursuit of knowledge and an enlightened society as in the preservation of its status as a policy influence?

    This reality you speak of, please tell me more.

  72. Re:Boils down to: be reasonable, do what is expect by pikine · · Score: 1

    A defendant could only be tried for the highest charge stated or implied.

    To work around that, the prosecutor would simply break the charges down to multiple suits. Even though the Fifth Amendment prohibits a single offense to be tried twice, the same act typically involves multiple offenses and multiple counts and can be tried separately.

    It simply has to become more common knowledge that prosecutors can use any intimidation tactic, including pressing charges that are way out of the ballpark, but it is the final court ruling that holds. It also must become common knowledge that appealing is the legal remedy to fight unfavorable court rulings. As an extension of Miranda Rights, there should be law restricting the interaction between the defendant and the prosecutor. In addition to the right to remain silent, the defendant has the right to dismiss any contact with the prosecutor, maybe even going as far as allowing the defendant to file restraining order for himself and on behalf of his family and friends to be free from harassment from the prosecution. The right would openly state that cooperating with the prosecutor will not result in leniency.

    --
    I once had a signature.
  73. Re:Generation Y's unusual sense of "responsibility by canadian_right · · Score: 5, Insightful

    What about the prosecutor that threatened Mr. Swartz with 30 years in jail for actions that most civilized people think should have been dealt with by the University administration, or maybe by the civil courts. Was it responsible to threaten a person with 30 years in jail for disregarding an EULA?

    Mr. Swartz's case highlighted the odious and unjust practice of threatening people with completely out of proportion punishments to induce them to plea bargain. And as far as I can tell this is done to gain political points in the next stage of the prosecutors's career, not to improve justice.

    --
    Anarchists never rule
  74. You're ignoring the real issue. by Anonymous Coward · · Score: 0, Flamebait

    You've completely ignored the real issue, which was Swartz choosing to voluntarily end his own life. The prosecution he was facing due to other, previous actions is completely irrelevant. It in no way "forced" him to commit suicide, regardless of how much some Generation Y members would like to mistakenly claim that it did.

    In any case of suicide, there's only one person who is ultimately responsible: the person who has killed himself or herself. Society is not responsible. Members of the judicial system are not responsible. An academic institution that was dragged into legal proceedings by the actions of an unaffiliated party is not responsible.

    It becomes a generational issue because people of earlier generations generally have a good understanding of responsibility, and who is truly responsible for what happened in this unfortunate situation. They know that when somebody does something voluntary to himself or herself, that any harm that arises is the responsibility of that person, and that person alone.

    So many members of Generation Y, on the other hand, feel it necessary to (incorrectly, of course) blame just about everybody except the party who directly and voluntarily performed the harmful action. This proves that they just don't understand the concept of responsibility. It's really that simple, I'm afraid to say. They just don't understand it.

    1. Re:You're ignoring the real issue. by Anonymous Coward · · Score: 5, Insightful

      Society can be responsible for Pushing a person in to a corner where they have limited options and that is what happened here. Possibly spend the rest of your life in prison or take the easy way out. Should he have fought it sure. Was he in a mental state that would allow him to function well enough to mount a defense and fight the charges while being badgered by people in positions of authority, well not really hence the suicide. Depression is a strange mistress and when being forced into serving what would amount to a life sentence in prison for a trivial infraction what would you chose? The Prosecution is at fault, they were the bully and should be treated as such.

    2. Re:You're ignoring the real issue. by Anonymous Coward · · Score: 0

      It becomes a generational issue because people of earlier generations generally have a good understanding of responsibility

      You mean back when suicides weren't even honestly reported?

    3. Re: You're ignoring the real issue. by Anonymous Coward · · Score: 0

      Responsibility is always shared by all capable of affecting . Ultimately the school could have helped aaron, instead they chose to throw him under the bus and subject him to psychological torture. In Aaron unfortunate state of mind, this was worst than death. He chose the lesser of the two perceived evils. The instituted exist to serve the people, not the other way around.

  75. Re:Yiddish by Bing+Tsher+E · · Score: 1

    So, uh, you believe in instituting a Literacy Test to everybody before they are allowed to breed? Maybe even an IQ test?

    This is a new twist on the ideology you generally champion here on Slashdot. Maybe you can elaborate further for us.

  76. To Summarize by Anonymous Coward · · Score: 0

    So basically, it's "learn to serve the status quo or die"?

  77. Ignorance is expensive by Anonymous Coward · · Score: 0

    I'm losing no sleep over a thieving cunt who killed himself because he couldn't accept the consequences of his own actions.

  78. Re:Generation Y's unusual sense of "responsibility by Anonymous Coward · · Score: 0

    Apparently many members of Generation Y don't even have a basic understanding of how the judicial systems works in certain Western nations.

    Prosecutors often aim for a much higher degree of punishment, knowing full well that the sentence in the end will be somewhat, or even significantly, less than what they've suggested. And that's assuming that there isn't an acquittal, or that charges are dropped, and so on.

    Whether it is "right" or "wrong" to aim for stricter punishments is irrelevant; what does matter is that the judicial process must be allowed to proceed to a conclusion. Committing suicide to avoid this process, for example, is not a responsible thing to do.

    The judicial system and those involved with it should not be considered responsible if somebody else involved chooses to voluntarily act in a self-destructive manner.

  79. Paywalls are more important than lives by Anonymous Coward · · Score: 0

    The only takeaway from this case is that our society values paywalls and ownership of information more than human lives. Our legal system will go to any length to protect the ownership and control of information by corporations.

  80. Dear Prof Hal Abelson by Ralph+Spoilsport · · Score: 1

    FUCK YOU. ASSHOLE.

    --
    Shoes for Industry. Shoes for the Dead.
  81. Poor General Rommel by Anonymous Coward · · Score: 0

    I guess he wasn't able to handle it, either. Or any of the others who got naively mixed up in a certain plot. How naive they must have all been. Not smart, and capable, like all the others above and around them.

    On a slightly diffrent tone, there was this Mr. Hastings. Also, apparently, extremely naive. Then, there was once this guy called Allende. Not to mention a large number of unbelievably naive journalists and protesters, for decades on end.

    Yes, if so many say so, so vociferously. Acting in decent causes or speaking out loud about them, and being hounded into desperation, well, that must be just naïvité. What else could there be?

  82. Disobediance is Mental Illness. by Anonymous Coward · · Score: 0

    Disobedience is Mental Illness.

    Apathy is good.

    Obedience is good.

    Lazyness is good.

    Self betterment. Resisting preconceived notions. Is bad.

    There's a big difference between obedience and discipline.

    Fuck you fuckers controlling the flow of information and thought. Fuck you. Damn you to hell. We are angry as fuck. You will pay.

    1. Re:Disobediance is Mental Illness. by Anonymous Coward · · Score: 0

      SO True!

      Those 'learned' fathers of education are ass-covering self interested shits engaged in bald faced victim blaming.

  83. Swartz threatened with decades of prison rape by leftie · · Score: 1

    Federal prosecutors knowingly threatened a physically small guy with no criminal record with decades of prison rape for what could be described at worst a non-violent, victimless crime.

  84. Has anyone read the report? by Anonymous Coward · · Score: 0

    Has anyone actually read the report? Everyone presumes it clears MIT. It does no such thing. The report was released on July 30. It was 180 pages. John Schwartz' article in the New York Times appeared on July 30. Either John is the world's greatest speedreader, or the NY Times published an article on a report prior to having read it, presuming MIT would act like most corporations. It's clear from these comments no one on Slashdot has actually read it.

    The report is an open, factual description of what happened. It does not judge the moral value of what happened, either in clearing MIT or in vilifying it. There is a minimal bit of commentary in the conclusion.

    1. Re:Has anyone read the report? by mbone · · Score: 1

      I am puzzled. MIT is acting like most corporations: when in trouble, bury your opposition in paper. Has anyone resigned, or been fired? That's how you know a large entity wants to make sure higher-ups understand what's expected of them*; anything less is just window dressing.

      BTW, it would be simply courtesy to give family members a chance to look at such a report before it goes public, which is what I presume that MIT did here. I at least would give both MIT and John Schwartz that much respect.

      *Dans ce pays-ci, il est bon de tuer de temps en temps un amiral pour encourager les autres.

  85. Lawrence Lessig's early comments on the JSTOR case by Anonymous Coward · · Score: 0

    Here are some comments from Prof Lessig after Swartz was arrested and indicted in the JSTOR case, but before Swartz's suicide:

    http://mediafreedom.org/2011/07/larry-lessig-responds-says-swartzs-alleged-actions-crossed-ethical-line/

    Lessig's post is fairly short and is thoughtful and balanced. Here is how it ends:

    Unlike, say, Wall Street (and what were the penalties they suffered?), this wasn’t behavior designed to make the man rich. Nor, if the allegations are true, was this behavior designed to interfere with any of JSTORs activity... What it was is unclear. What the law will say about it is even more unclear. What is not unclear, however, to me at least, is the ethical wrong here. I have endless respect for the genius and insight of this extraordinary kid. I cherish his advice and our friendship. But I am sorry if he indeed crossed this line. It is not a line I believe it right to cross, even if it is a line that needs to be redrawn, by better laws better tuned to the times.

    Swartz was a research fellow under Lessig at Harvard.

  86. Re:Generation Y's unusual sense of "responsibility by isdnip · · Score: 5, Insightful

    The prosecutor aims for a high degree of punishment because they hope for a plea bargain, with every intention of keeping the maximum sentence recommendation intact in the event that the case actually goes to trial. It is a way to undercut the constitutional guarantee of trial by jury by raising the stakes so high that a jury trial becomes an untenable gamble.

    Thus the Ortiz-Heymann tactics in this case should be seen as what they were, an untenable subversion of basic constitutional rights, by persecutors with a goal of putting notches in their belt, hoping to gain political points with an ignorant public afraid of any and all "crime".

  87. Re:Yiddish by Anonymous Coward · · Score: 0

    He should have gone into finance.

  88. Re:Yiddish by Anonymous Coward · · Score: 0

    Exactly, that's why Western countries are the most developed in the world.

  89. Re:Generation Y's unusual sense of "responsibility by Mathinker · · Score: 2

    > Committing suicide to avoid this process, for example, is not a responsible thing to do.

    What is your opinion of armed rebellion against an unjust government? Because the particular case of Swartz's suicide strikes me as a strange kind of passive-aggressive version of armed rebellion.

    On a related note, I just finished using my $14.90 "quarterly free" allocation on PACER to upload documents to RECAP. Some history about RECAP can be found here. I encourage everyone who admired Swartz to open a PACER account and continue the work of populating RECAP.

  90. Ableson = a good example of what not to be. by Anonymous Coward · · Score: 0

    Even if what Ableson said was true, which is hardly the case,
    a person with class and intelligence and human sensitivity simply
    does not say such things, especially not in public.

    What a horrible example of how not to behave as a decent human being.

    1. Re:Ableson = a good example of what not to be. by NewYorkCountryLawyer · · Score: 2

      What a horrible example of how not to behave as a decent human being.

      Agreed. Abelson should be ashamed of himself.

      --
      Ray Beckerman +5 Insightful
    2. Re:Ableson = a good example of what not to be. by Anonymous Coward · · Score: 0

      What a horrible example of how not to behave as a decent human being.

      Agreed. Abelson should be ashamed of himself.

      We should all encourage MORE file sharing, because information wants to be free, regardless of the gatekeepers feebly trying to hoard data for themselves.
      +1 everybody? Amen.

      Well, except when the NSA is doing it. Now that's outrageous and needs to be stopped. Now.
      +1 everybody? Amen.

  91. The system should not be a slot machine by Marrow · · Score: 1

    Actions and their consequences should be clearly defined and predicable. To ask whether his mentors gifted him with an education in common sense, is to to imply that common sense would predict the the vindictiveness with which he was treated.
    I think people would argue that no one with common or any other kind of sense could have predicted the response he got.
    His death is not his fault and not the prosecutors fault. It is the fault of our society in not clearly delineating the consequences to be expected for actions and giving prosecutors more and more laws to pile on the charges until death seems the best alternative.

  92. What is objectionable about ... by Anonymous Coward · · Score: 1

    ... somebody doing HER JOB. The guy was a CRIMINAL, he wasn't a saint healing children.

    He broke the law and the prosecution was seeking the maximum penalty for the crime. That was HER JOB. That is what she was supposed to do.

    Just because you sympathize with the criminal does not change the fact that he broke the law.

    There are consequences for your actions. Being threatened with the maximum penalty for the crime is one of them.

    1. Re: What is objectionable about ... by Anonymous Coward · · Score: 0

      For some, Life dictates the law; for others, Law dictates life.
      The former are people, the latter - sheeple.

    2. Re:What is objectionable about ... by TapeCutter · · Score: 4, Insightful

      Exaggerating the severity of the alleged crime to further her career is not her job, she is not a defence attorney she is a public prosecutor, she should be sacked.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    3. Re:What is objectionable about ... by Anonymous Coward · · Score: 0

      .. somebody doing HER JOB. The guy was a CRIMINAL,

      Yeah, I mean he may have actually violated the terms of service of a academic publisher.

      The terms of service! DEATH WAS TOO GOOD FOR THE BASTARD!

    4. Re: What is objectionable about ... by Anonymous Coward · · Score: 0

      "I was just following orders" sounds like an excuse that will allow you to sleep better at night.

      But does it?

    5. Re:What is objectionable about ... by Anonymous Coward · · Score: 0

      urine idjit and abject authoritarian...

      at one point, being an abject authoritarian (the worst a person can be), was not a source of pride, but the mark of an unamerican person contrary to our ideals...

      now? abject authoritarians are rewarded in Empire...

      you will do well in the coming dystopia, wormtongue

      art guerrilla
      aka ann archy
      eof

  93. He didn't kill himself in prison by Anonymous Coward · · Score: 0

    He did it in his own home and at the time he killed himself we wasn't even charged with the crime.

    The prosecution was just threatening him with the max penalty available by law ... something that they do in every case hoping that the criminal will just confess and settle for a lesser charge and avoid having to go to court.

  94. I think we need to look into prosecution caps by Marrow · · Score: 1

    There are caps to damages that can be sought in civil cases. Caps to the monies awarded. I think we need to look into prosecution caps: Rules that make it impossible to pile on charges in cases where no human was threatened or harmed and no property permanently damaged or destroyed.

  95. Souless and full of common sense robots wanted by Anonymous Coward · · Score: 0

    common sense doesn't change the world to be a better place... common sense frequently fuels or at least immobilize acting against most tragedies of this time

  96. Let's *all* be dangerously naive... by Mathinker · · Score: 1

    Whether or not Swartz was naive, or not, or his suicide was justified, or not, all of us who respected what he stood for can continue his work on such a low flame that none of us runs any significant risk.

    For example, I just finished using my $14.90 "quarterly free" allocation on PACER to upload documents to RECAP. Some history about RECAP can be found here. I encourage everyone who admired Swartz to open a PACER account and continue the work of populating RECAP.

  97. Re:Generation Y's unusual sense of "responsibility by Anonymous Coward · · Score: 0

    Generation Y (that is, the reddit crowd) sure does have a rather weird sense of "responsibility", in general.

    Why should anyone aside from Mr. Swartz feel responsible for something harmful that Mr. Swartz did to himself, by himself, completely voluntarily? They shouldn't, of course.

    So many members of Generation Y completely pervert the concept of responsibility in all respects. Not only is Mr. Swartz incorrectly absolved of his responsibility in this ordeal, but others with no responsibility at all are somehow considered to be "responsible".

    Here we have nearly an entire generation completely misunderstanding a very basic concept like responsibility. It's quite unusual, quite absurd, and to some extent quite scary.

    Have you ever driven over the speed limit? What would you do if you were stopped for speeding, but instead of being given a speeding ticket you were put on the evening news and a prosecutor told you he was going to destroy your life because what you were doing was endangering children.

  98. The university issues goes far deeper by Paul+Fernhout · · Score: 1

    Stuff I wrote five years ago about Princeton, but applies to MIT as well: http://www.pdfernhout.net/reading-between-the-lines.html
    "Post-Scarcity Princeton, or, Reading between the lines of PAW for prospective Princeton students, or, the Health Risks of Heart Disease ... We are witnessing a historic end to scarcity of many things (maybe not all, but enough to be a new global Renaissance). But is Princeton University helping prepare either students or the rest of society for these changes? Or is it instead an institution under stress, crashing into these trends instead of moving with them? Or is it perhaps conflicted in how it sees itself and its future, and so trying to do both these conflicting approaches at once? :-) "

    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  99. I'm surprised that.. by couchslug · · Score: 1

    ...a person persecuted such that they suicide doesn't choose retaliatory homicide instead. If you are checking out anyway that removes the consquences for taking out the enemy.

    If you die, they win. If they die, you win.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    1. Re:I'm surprised that.. by dbIII · · Score: 1

      ...a person persecuted such that they suicide doesn't choose retaliatory homicide instead

      I'm not. Just because he downloaded stuff does not make him a potential murderer.

  100. Faggot Gatherers in Winterense? by Anonymous Coward · · Score: 0

    Remigius van Haanen (1812-1894) - Faggot Gatherers in Winter Landscape (Unknown).jpg
    https://commons.wikimedia.org/wiki/File:Remigius_van_Haanen_%281812-1894%29_-_Faggot_Gatherers_in_Winter_Landscape_%28Unknown%29.jpg

  101. Re: Generation Y's unusual sense of "responsibilit by Anonymous Coward · · Score: 0

    I am pretty sure you are wrong. I was born in 1980, the end if generation x and my grandfather fought in ww2. Parents were born in 1980. I believe my grandfather was 19 when his enlisted. So this means that gen x people who are older than me have grandparents older than mine, right?

  102. Re:Generation Y's unusual sense of "responsibility by MikeBabcock · · Score: 1

    Feeling a sense of connection and responsibility for your fellow humans is a very good thing, and those who don't feel it are called psychopaths for a reason.

    --
    - Michael T. Babcock (Yes, I blog)
  103. Re:Generation Y's unusual sense of "responsibility by Anonymous Coward · · Score: 0

    > Do you really believe the vitriolic slime that was Thatcherite doctrine that every man is an island, alone?

    Humans are born alone and die alone. Any pretence to the contrary is histrionics.

    > ...but if we pass on our knowledge and experience, but not our jaded cynicism then there might yet still be hope.

    Jaded cynicism is an emergent property, and tends to develop as a result of prolonged contact with reality.

  104. So MIT gets to exonerate itself & blame the vi by NewYorkCountryLawyer · · Score: 2

    Can someone tell me why it's newsworthy that MIT clowns exonerate themselves & blame their victim?

    Other than to demonstrate how low some people can go.

    --
    Ray Beckerman +5 Insightful
  105. that's deep bro, but are canaries all you know abo by Rujiel · · Score: 1

    Because last I checked, this thread is about MIT and aaron. Not canaries.

  106. spoken like a true servant to power. by Rujiel · · Score: 1

    Manning tried to hand his info to the NY times and the washington post. Botg ignored him. But of course, to a brainwashed sycophant like yourself, federal prosecutors threatening someone with life in prison for a civil suit the prosecution originally dropped is less offensive than a culture where power is routinely threatened by leaks. Poor fucking baby. Cold fjord, is that you?!

  107. Ah, good old argument by authority fallacy by Rujiel · · Score: 1

    A. Hey, this guy's really smart! B. Therefore, any character judgent he has ever mafe about anyone in his industry is correct
    C. ???
    D. Profit

  108. Re:Generation Y's unusual sense of "responsibility by Ol+Olsoc · · Score: 1

    Have you ever driven over the speed limit? What would you do if you were stopped for speeding, but instead of being given a speeding ticket you were put on the evening news and a prosecutor told you he was going to destroy your life because what you were doing was endangering children.

    I sure as hell wouldm't kill myself.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  109. Read the report by Anonymous Coward · · Score: 0

    Seriously. It's not typical corporate whitewashing.

  110. "GP's point"? That post was anonymous.. by Rujiel · · Score: 1

    How do you know who made it? Did you forget to log into one of your sock puppets before posting? You fucked up. You disinfo trolls are terrible at this--so many fake avatars and you can't manufacture a false consensus to save your lives.

  111. Re:Generation Y's unusual sense of "responsibility by harlows_monkeys · · Score: 0

    What about the prosecutor that threatened Mr. Swartz with 30 years in jail for actions that most civilized people think should have been dealt with by the University administration, or maybe by the civil courts. Was it responsible to threaten a person with 30 years in jail for disregarding an EULA?

    He wasn't facing anywhere near 30 years. The prosecutors told Swartz that they thought the judge might go as high as 7 years. That was if he went to trail, lost, and the prosecutor's largest damage number was accepted. If he pled guilty, the most he was facing was 6 months. See Orin Kerr's detailed analysis.

  112. So he destroyed himself by believing threats? by dbIII · · Score: 1

    It appears the argument was that he believed the threats aimed at people around him and so killed himself to stop those threats from being carried out. For some reason that's supposed to be his fault and not the fault of those issuing the threats, who we are supposed to all assume by default are liars exceeding their authority?
    Here's a suggestion - jail those who lied about their authority for impersonating people who do have that authority and manslaughter as well.

  113. No. They all knew and so did a lot of others by dbIII · · Score: 1

    that if they feel like they are doing the right thing, there won't be any consaquences for their actions

    Snowden ran. Manning was successful at concealing his identity until someone he trusted sold him out. Assenage used to be described as paranoid before he took up residency in an embassy toilet. With all three of your examples they were definitely worried about some sort of consequence instead of suddenly shocked as you suggest.

  114. Author is a buffoon by Anonymous Coward · · Score: 0

    This is akin to calling a rape victim dangerously naïve. Aaron was destroyed by cynical scum trying to advance their career and generate headlines by destroying a life. Let's not blame the victim of a heartless system of injustice dangerously naïve because he lacked the cynicism of his persecutors.

  115. Re:Hal is correct that parents have a resonsibilit by Anonymous Coward · · Score: 0

    Good to know your kids will get a subpar education because you're butt hurt about things the hivemind tells you to be butt hurt about. Swartz was an idiot, get over it.

  116. Re:Lohan fix by Anonymous Coward · · Score: 0

    Time tested and true, cocaine fixes women. They will do whatever you want, whenever you want. They will go work a strip bar and make you $$$$. They will steal, fight, cook , clean and swallow for cocaine. Ask any hardcore biker.

  117. Re:Generation Y's unusual sense of "responsibility by snakeplissken · · Score: 1

    Pardon me? You, your parents and your grandparents have not fought for anyone's freedom.

    If you're Generation X, then you were born in America between 1965 and 1980.

    a bit late to the party on this thread but i need to say this, my siblings and i span 1967 to 1988 in birthdates, our grandfathers certainly did their thing in ww2, one was a fireman in coventry and one was a boffin, their contemporaries were certainly dying overseas in one of the few wars where despite certain questionable actions by the allies the general cause was clearly right.

  118. Guerilla Open Access Manifesto and Wikipedia. by iiiears · · Score: 1

    Help me understand why Wikipedia hasn't added this to their listing of manifestos.

      "A manifesto is a published verbal declaration of the intentions, motives, or views of the issuer, be it an individual, group, political party or government."
    https://en.wikipedia.org/wiki/Manifesto

    "Guerilla Open Access Manifesto

    Information is power. But like all power, there are those who want to keep it for
    themselves. The world's entire scientific and cultural heritage, published over centuries
    in books and journals, is increasingly being digitized and locked up by a handful of
    private corporations. Want to read the papers featuring the most famous results of the
    sciences? You'll need to send enormous amounts to publishers like Reed Elsevier.

    There are those struggling to change this. The Open Access Movement has fought
    valiantly to ensure that scientists do not sign their copyrights away but instead ensure
    their work is published on the Internet, under terms that allow anyone to access it. But
    even under the best scenarios, their work will only apply to things published in the future.
    Everything up until now will have been lost.

    That is too high a price to pay. Forcing academics to pay money to read the work of their
    colleagues? Scanning entire libraries but only allowing the folks at Google to read them?
    Providing scientific articles to those at elite universities in the First World, but not to
    children in the Global South? It's outrageous and unacceptable.

    "I agree," many say, "but what can we do? The companies hold the copyrights, they
    make enormous amounts of money by charging for access, and it's perfectly legal â"
    there's nothing we can do to stop them." But there is something we can, something that's
    already being done: we can fight back.

    Those with access to these resources â" students, librarians, scientists â" you have been
    given a privilege. You get to feed at this banquet of knowledge while the rest of the world
    is locked out. But you need not â" indeed, morally, you cannot â" keep this privilege for
    yourselves. You have a duty to share it with the world. And you have: trading passwords
    with colleagues, filling download requests for friends.

    Meanwhile, those who have been locked out are not standing idly by. You have been
    sneaking through holes and climbing over fences, liberating the information locked up by
    the publishers and sharing them with your friends.

    But all of this action goes on in the dark, hidden underground. It's called stealing or
    piracy, as if sharing a wealth of knowledge were the moral equivalent of plundering a
    ship and murdering its crew. But sharing isn't immoral â" it's a moral imperative. Only
    those blinded by greed would refuse to let a friend make a copy.

    Large corporations, of course, are blinded by greed. The laws under which they operate
    require it â" their shareholders would revolt at anything less. And the politicians they
    have bought off back them, passing laws giving them the exclusive power to decide who
    can make copies.

    There is no justice in following unjust laws. It's time to come into the light and, in the
    grand tradition of civil disobedience, declare our opposition to this private theft of public
    culture.

    We need to take information, wherever it is stored, make our copies and share them with
    the world. We need to take stuff that's out of copyright and add it to the archive. We need
    to buy secret databases and put them on the Web. We need to download scientific
    journals and upload them to file sharing networks. We need to fight for Guerilla Open
    Access.

    With enough of us, around the world, we'll not just send a strong message opposing the
    privatization of knowledge â" we'll make it a thing of the past. Will you join us?

    Aaron Swartz

    July 2008, Eremo, Italy
    "
    https://archive.org/stream/GuerillaOpenAccessManifesto/Goamjuly2008_djvu.txt

    --
    15TW = 15,000 Nuclear Reactors. (Approx. one accident a month.)
  119. Re:Generation Y's unusual sense of "responsibility by russotto · · Score: 1

    6 months.... and a felony conviction. From the point of view of "special deterrence", the felony conviction was the major point. You can't do much reforming as a felon; surviving takes all your effort.

    Orin Kerr's major point seems to be that they screw people over this way all the time and we're fine with it, we only complain when it's a rich white nerd, so he got his just desserts. Of course, the fact is that no, we're NOT all fine with it. And even if we were, one injustice wouldn't justify another.

  120. ...or the Masada by pupsocket · · Score: 2

    where 960 Jews, under a hopeless siege, committed suicide rather than submit to Roman overlords.

  121. MIT says -- I did nothing wrong... by jamthecat · · Score: 1

    The rest of the "I did nothing wrong" trope is -- "And if I did, it was all the victim's fault." Just ask Prof Hal Abelson, who proves that while he knows the words needed for responsibility, intelligence, and common sense (even in Yiddish), he has zero comprehension of their meaning. Just like doctors investigating doctors and cops investigating cops and lawyers investigating lawyers, one should not be surprised when a university sets up a panel to investigate itself, that the investigation turns up nothing in the way of wrong-doing, and it will use that "nothing" to explain away its culpability. Legally speaking, he is probably correct. It was an ambitious, out-of-control DoJ p.o.s. who deliberately drove Aaron Swartz to his death. But MIT did nothing to even try and stop it and may even have exacerbated the situation by just plain standing by as this case unfolded in its Kafka-esque way. So morally speaking, their hands are just as red with his blood. What's the Yiddish word for that, Professor Abelson?

  122. Re:Generation Y's unusual sense of "responsibility by Anonymous Coward · · Score: 0

    Some argue that society has some responsibility to enforce laws evenly, clearly and with consequences weighted appropriately to the harm against society done.

    More to the point, ethical conflict of interest on the part of legal professionals, to the benefit of that profession, has historically been the single most important driver in determining the nature, scope, and form of the US legal system. This is the reason the USA is known as the "Land of the Lawsuit", it's the reason the USA has massively broken intellectual property law, it's the reason the USA has enormous numbers of laws on the books (most seldom enforced and of dubious merit); it's the reason the USA has hundreds or thousands of laws that directly contradict it's own Bill of Rights; it's the reason the USA has laws that are hundreds (Patriot Act) or thousands (Obama Health Care) of pages long (the Supreme Court admitted to not having read the whole thing); it's the reason the laws governing the actions of ordinary people are written in language that is vague, ambiguous, and incomprehensible to ordinary people; and it's the reason people are really, really unhappy with the legal profession and the government (with the real and unfortunate possibility that another revolution or civil war will happen at some point in the next few decades).

    Society has a responsibility to ensure that the laws reflect ethical practice of law, and ethical government. Even the appearance of conflict of interest on the part of members of government and legal professionals must be avoided whenever possible.

    Aaron Swartz made the mistake of assuming that because he had integrity, other people would as well, namely the people responsible for passing the laws, prosecuting the laws, and judging the laws. On the whole, that hasn't been true for a very long time. There are individual exceptions, of course.

    It is a mistake to assume that the lessons of Nuremberg have been learned by people in positions of responsibility in the USA, and that even if illegal laws and precedents were created, the individuals responsible for actually implementing these illegal laws would refuse to enforce them.

    It is always essential to remember that James Madison created an open-ended Bill of Rights, allowing the people to assert rights "retained by" or "reserved to" them as needed when government or the legal system gets out of line. It is another mistake to forget this power reserved to the people. Government officials have a responsibility to ask themselves, when creating laws, when enforcing laws, and when creating precedents, whether their actions can reasonably be supposed to violate any rights that might be so asserted.

    It is said that the tree of liberty must be occasionally watered by the blood of patriots. The alleged suicide of Aaron Swartz must be regarded as another death in the cause of liberty and justice.

  123. Guerilla Open Access Manifesto and wikipedia, by iiiears · · Score: 1

    Description
    Blueprint for information revolution.
    Creative Commons license: Public Domain Mark 1.0

    Guerilla Open Access Manifesto

    Information is power. But like all power, there are those who want to keep it for
    themselves. The world's entire scientific and cultural heritage, published over centuries
    in books and journals, is increasingly being digitized and locked up by a handful of
    private corporations. Want to read the papers featuring the most famous results of the
    sciences? You'll need to send enormous amounts to publishers like Reed Elsevier.

    There are those struggling to change this. The Open Access Movement has fought
    valiantly to ensure that scientists do not sign their copyrights away but instead ensure
    their work is published on the Internet, under terms that allow anyone to access it. But
    even under the best scenarios, their work will only apply to things published in the future.
    Everything up until now will have been lost.

    That is too high a price to pay. Forcing academics to pay money to read the work of their
    colleagues? Scanning entire libraries but only allowing the folks at Google to read them?
    Providing scientific articles to those at elite universities in the First World, but not to
    children in the Global South? It's outrageous and unacceptable.

    "I agree," many say, "but what can we do? The companies hold the copyrights, they
    make enormous amounts of money by charging for access, and it's perfectly legal â"
    there's nothing we can do to stop them." But there is something we can, something that's
    already being done: we can fight back.

    Those with access to these resources â" students, librarians, scientists â" you have been
    given a privilege. You get to feed at this banquet of knowledge while the rest of the world
    is locked out. But you need not â" indeed, morally, you cannot â" keep this privilege for
    yourselves. You have a duty to share it with the world. And you have: trading passwords
    with colleagues, filling download requests for friends.

    Meanwhile, those who have been locked out are not standing idly by. You have been
    sneaking through holes and climbing over fences, liberating the information locked up by
    the publishers and sharing them with your friends.

    But all of this action goes on in the dark, hidden underground. It's called stealing or
    piracy, as if sharing a wealth of knowledge were the moral equivalent of plundering a
    ship and murdering its crew. But sharing isn't immoral â" it's a moral imperative. Only
    those blinded by greed would refuse to let a friend make a copy.

    Large corporations, of course, are blinded by greed. The laws under which they operate
    require it â" their shareholders would revolt at anything less. And the politicians they
    have bought off back them, passing laws giving them the exclusive power to decide who
    can make copies.

    There is no justice in following unjust laws. It's time to come into the light and, in the
    grand tradition of civil disobedience, declare our opposition to this private theft of public
    culture.

    We need to take information, wherever it is stored, make our copies and share them with
    the world. We need to take stuff that's out of copyright and add it to the archive. We need
    to buy secret databases and put them on the Web. We need to download scientific
    journals and upload them to file sharing networks. We need to fight for Guerilla Open
    Access.

    With enough of us, around the world, we'll not just send a strong message opposing the
    privatization of knowledge â" we'll make it a thing of the past. Will you join us?

    Aaron Swartz

    July 2008, Eremo, Italy

    https://archive.org/stream/GuerillaOpenAccessManifesto/Goamjuly2008_djvu.txt

    Why isn't this on wikipedia's list of manifestos?

    --
    15TW = 15,000 Nuclear Reactors. (Approx. one accident a month.)
  124. Re:Yiddish by superwiz · · Score: 1

    Apparent or not, it counters the AC's original point. AC was suggesting that bringing up Jewish heritage was just semi-solipsism (or not-so-semi narcissism) on the part of the author of the article. And I was countering that it was actually a relevant perspective because Aaron, the subject of the article, shared in that heritage.

    --
    Any guest worker system is indistinguishable from indentured servitude.
  125. I Am Ignorant of the Case and implications by Mekan · · Score: 1

    I am ignorant of the case and its implications, but this is what I gleaned from a quick read at the links. 1. Swartz hacked into a system and stole its contents using the MIT network. 2. Boston legal found Swartz and prosecuted. 3. Swartz kills himself under the pressure. 4. MIT said that its hands were clean. Where is this talk of Democracy, NSA, and freedom coming from in this thread? I see property stolen. Unless Jstor is taking public domain and hiding it behind a paywall, where does anyone begin to think that work is theirs and not the originators/owners? Unless MIT gave consent for Swartz to use their network in this endeavor they had nothing to do with this theft beyond the ethical teachings on their campus. Again, I don't know the depths of this case or issue so maybe I am missing the obvious, but from a quick read this is not at all that amazing.

    1. Re:I Am Ignorant of the Case and implications by Anonymous Coward · · Score: 0

      I don't know the depths of this case or issue so maybe I am missing the obvious, but from a quick read this is not at all that amazing.

      You must be new here.

  126. Where did you here that BS?? by Anonymous Coward · · Score: 0

    The guy had no girlfriend at all.

    1. Re: Where did you here that BS?? by Anonymous Coward · · Score: 0

      Right. Except for the girlfriend that found him dead in their apartment

      mashable.com/2013/02/05/aaron-swartz-girlfriend-why-he-died/

  127. Re:Generation Y's unusual sense of "responsibility by Anonymous Coward · · Score: 0

    Apparently many members of Generation Y don't even have a basic understanding of how the judicial systems works in certain Western nations.

    They understand the way it works, but they also think it's a disgusting perversion of actual justice. Prosecutors routinely overreach as a way to game the system and deny people their basic constitutional rights. I suppose you'll claim that people routinely give up their right to a fair trail "voluntarily". Of course they do, just like businesses "voluntarily" pay for "protection" from organized crime.

  128. Attempting to cover up something? by Anonymous Coward · · Score: 0

    Maybe just my "naive" outlook, but does this not look like someone trying to deflect attention away from a murder investigation? How certain are we that the cause of death was indeed suicide?

  129. I guess I might be dangerously naive as well. by Anonymous Coward · · Score: 0

    "He goal was to download every paper and article ever published. He could never do this use a remote link, so used the download requests of other people to achieve this. But in effect, he was intercepting the thoughts and ideas of other people."

    When I see somebody who "intercepted the thoughts and ideas of other people" for the sake of intellectual freedom and public benefit rather than control and personal profit, I am tempted to view him as something of a heroic character.

    Does this view really put me at odds with society? I find the possibility that this may be true somewhat lonely and frightening.

  130. Re:Boils down to: be reasonable, do what is expect by Anonymous Coward · · Score: 0

    It's still unclear whether he actually committed a crime.

  131. Re:Generation Y's unusual sense of "responsibility by Anonymous Coward · · Score: 0

    Humans are born alone and die alone. Any pretence to the contrary is histrionics.

    That's right, all humans are born completely alone. Barring doctors, nurses, paramedics, midwives, family, friends, taxi cab drivers, etc. True not all births have any of those. But there's one significant person present at every birth who is kind of important to the process. She may sometimes be unconscious or in a vegetative state or even clinically dead in such a way that the newborn can be considered to be alone, but that's a very, very rare circumstance and usually has to be of quite short duration otherwise the newborn doesn't last long...

    So, basically what you're saying is nonsense. It sounds like some sort of philosophical/poetic viewpoint which might be valid in its own philosophical framework. Of course, you can come up with philosophical frameworks which claim the opposite: that we're never alone, even if we're born from a clone machine in an isolated one-man outpost on the moon. Why? Because we carry the legacy of all humans who have come before within us, maybe? As good an argument as your aloneness argument (especially since you didn't provide an argument).

  132. Re:Boils down to: be reasonable, do what is expect by Virtucon · · Score: 1

    uhm, the Prosecutors have pushed for and received broad, sweeping laws from Congress and the States that allow them to "crack down on crime." The problem is as the net has gotten bigger, there are cases everywhere where small fish get caught up and suffer tortuous charges for very petty things. That's how our Liberals and Conservatives in the country can sleep better at knight knowing that their jack-booted law enforcement is on the case. I had to hire an attorney a few years ago for my son because he decked a kid in school who'd taken a swing at him. He was facing a misdemeanor assault charge with up to a $4000 Fine and 6 months in jail. This was at 14 and happened because the schools are now treating petty incidents as crimes and it's happening all over the country because of the war on drugs and zero-tolerance policies. It's a direct result to make our schools "safe." https://www.aclu.org/racial-justice/arrested-futures-criminalization-school-discipline-massachusetts-three-largest-school

    It doesn't make them safe and schools all over the country now resemble prisons in terms of their policies and on-site police to enforce bullshit. It's a great lesson to teach our youth. How about breaking your arm for leaving crumbs on the ground? Doodling on your desk? Flying a paper airplane?

    Yet, you want more laws to reign in prosecutors? We have enough laws and enough police all wearing their swat gear and bullet proof vests all supplied with funds from the DHS. While we were sleeping, this nation became a Police State and from your rights on the street to the prosecutors the deck is stacked against you and while we fault the Prosecutors here, which they should be, we also have to remember that if there wasn't a set of laws on the book that they could charge him with there wouldn't be a problem. The CFAA is overly broad and needs to be changed, narrowed or eliminated but the risk here is that we could get worse legislation by that band of Retards on Capitol Hill. http://www.abajournal.com/magazine/article/hackers_hell_many_want_to_narrow_the_computer_fraud_and_abuse_act/

    Swartz is one case, he at least had visibility. Think of all those souls in Prison who had a public defender and a plea deal lessening the charges or the duration of the sentence possibly faced. That's the game, build a case so big that if you go to trial the Prosecution by leveraging these vague laws will try to throw the book at you and put you away forever. That's why Aaron took the route he did, a big case, felony charges, years and years in prison and the Prosecution had the tools to do it. He should have put his faith in a Jury and the Legal Process and fought, instead he died and everybody is still debating it but not really doing anything about it. Why? Because we've become accustomed to all these new broad laws and powers we put in the hands of our government. That's so we're taking an active part in stopping crime. Crime is bad, so let's give the police and the prosecutors the tools they need to fight crime. The problem is broad-scoped laws can be used against you even though you send one too many e-mails or encourage to your members to do so.

    It's time that the American public took back it's government and removed the Democrats and Republicans or at least took the approach of voting out all the incumbents. That's your last bastion of hope here folks because if you don't you'll get the same bunch of retards being re-elected over and over again and since they don't fear the voter, they'

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
  133. Oops by Anonymous Coward · · Score: 0

    20th Century psych test:

    > MIT?
    > pranks

    21st Century:

    > MIT?
    > Aaron Swartz

  134. Who is sucking whom's dick? by Anonymous Coward · · Score: 0

    Is Theop sucking Timothy's dick? Or, is it Timothy sucking Theop's dick? Or, are they in a grand shit covered dick 69 after fucking each other in the ass?

  135. Re:Generation Y's unusual sense of "responsibility by fredrated · · Score: 1

    we failed to wrest power away from the hippes that turned into yuppies

    Wow, when did this happen? I was there and I never saw hippies with any power, who knew?

  136. Re:Generation Y's unusual sense of "responsibility by Anonymous Coward · · Score: 0

    What in the hell are you talking about?