[cc-community] NC/ND

Joe Corneli holtzermann17 at gmail.com
Wed Dec 14 18:41:31 EST 2011

On Wed, Dec 14, 2011 at 11:39 PM, Anthony <osm at inbox.org> wrote:
> On Wed, Dec 14, 2011 at 6:32 PM, Anthony <osm at inbox.org> wrote:
>>>> I don't think we should engage in theft in order to benefit the commons.
>>> Copyright infringement is not theft.
>> As far as I can tell, Aaron Swartz is not alleged to have committed
>> copyright infringement.
> What he is alleged to have done is to have broken into a wiring closet
> and used people's computers and network equipment without their
> permission.
> Where I live, using someone else's property without permission is
> called theft.  (In some cases there is a separate charge of
> "unauthorized borrowing", but not where I live.)

This isn't really a point worthy of debate.  The more relevant charge
is as follows:

AARON SWARTZ, having devised and intended to devise a scheme and
artifice to defraud and for obtaining property — namely, journal
articles digitized and distributed by JSTOR, and copies thereof — by
means of material false and fraudulent pretenses, representations, and
promises, transmitted and caused to be transmitted by means of wire
communication in interstate commerce writings, signs, signals, and
pictures — namely, communications to and from JSTOR’s computer servers
— for the purpose of executing the scheme, and aided and abetted the

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