A Boring Dystopia

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Laws only matter if you're not rich. (s3.eu-central-2.wasabisys.com)

submitted 3 days ago by [email protected] to c/aboringdystopia

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cross-posted from: https://lemm.ee/post/55039106

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[–] [email protected] 3 points 2 days ago (1 children)

but because the people in charge at the time wanted to show that they are in control.

That is your opinion, and you are welcome to it.

I would say his beliefs played a role in how prosecution handled it. I would say the AG was making a political play, she was on the lookout for something in the technology realm already.

But I can tell you if they were doing it just because of his beliefs they could've charged him for each and every copyrighted material he downloaded from the servers.

Regarding this bit, he had not distributed anything and was permitted access to JSTOR and those materials. They pushed intent and his own words. There would be no basis for a copyright claim without distribution as he had access to those materials.

What they were hinging this on was his use of scripts making the access "unauthorized" by not using their interface directly. I don't see any way a copyright claim would be possible.

I'd say the only way he got such a harsh result was through the AGs abuse of the definitions of the computer fraud and abuse act, and the ignorance of the judiciary regarding most things technology.

In the end let's agree to disagree. I wish you well and I hope that he is in peace.

Agreed, and I hope so as well.

[–] [email protected] 1 points 2 days ago (1 children)

I would like to clarify something so that there won't be any misunderstandings. Law doesn't require distribution or intent to distribute. Copying a copyrighted material without proper approval or license is enough. Which is what he did.

Below is the related section from the US Copyright Law, under section 506 Titled "Criminal Offences":

(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

As you can see they didn't need his intentions to distribute it was a factor used not required. I hope I made it clear about why I don't think it was because if his beliefs.

I wish you well.

[–] [email protected] 1 points 2 days ago

Copying a copyrighted material without proper approval or license is enough.

And he had legitimate access to the materials on JSTOR which was never in question. Copyright would not come into play without distribution as he had every right to download the materials.