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Aurornis • yesterday at 7:32 PM • 2 replies • view on HN

The Aaron Swartz case is not an analog of these claims.

The Anthropic class action was already settled. It's what they mention in the opening of the article. Anthropic got in trouble for downloading the books (pirating) but it was determined to be fair use to use the content for training.

Aaron Swartz was not charged with piracy or downloading PDFs, even though that's how the story has been told. The charges were related to him breaking into a private wiring closet, hiding a laptop, and circumventing access controls on a system.

The Aaron Swartz charges were ridiculous. I'm not disputing that. However, there isn't an equivalent charge in this Anthropic case. Even if you or I get caught downloading pirated PDFs of eBooks from a torrent, the CFAA would not apply.

The main class action suit was already decided. The Stanford professors in this story opted out of the class action and are trying to get higher individual settlements with their own lawyers.


Replies

aleph_minus_one • today at 1:49 AM

> The Aaron Swartz case is not an analog of these claims.

Indeed: the prosecution of Aaron Swartz drove him to suicide, while Anthropic's CEO Dario Amodei is still alive.

soulofmischief • today at 12:16 AM

One of the issues a lot of people have is that if Aaron had formed an LLC and hired someone to connect the laptop for him, jailtime would never have been under the table and he wouldn't necessarily be directly liable for any large fines he couldn't pay.

There is a general sentiment that it is wrong for licensed organizations of people to get away with crimes ranging from these to supporting literal child labor, when an unlicensed group or individual faces decades in prison for the same offenses.

And there is another sentiment that Swartz would not have had to do what he did in the first place if copyright and the DMCA hadn't been erected only to be weaponized and discriminately applied,

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