this post was submitted on 20 Aug 2026
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[–] rustydrd@sh.itjust.works 7 points 8 hours ago* (last edited 8 hours ago)

He didn't publish them, as far as I know. The charges brought against him were centered around the allegedly "fraudulent" use of his JSTOR account and the fact that he downloaded the files from the premises of an institution he did not belong to by plugging his laptop in a network switch in a restricted area where he wasn't allowed to be. The actual deed was minor, likely not even criminal as far as digital rights were concerned, and the charges were famously so out of proportion that even other attorneys and legal scholars questioned them publicly. The publishers wanted to make an example, and it drove Swartz into suicide before a proper trial could be held.

Meta and other companies do essentially the same thing at a much larger scale and with the clear intent to monetize it through publishing AI models built on top of it all. The main difference is the legal climate, which has changed since/due to Swartz, and the lack of clarity that the law has for these new applications. Substantively though, there is a good bit of hypocrisy here, and it makes sense to point this out.