Saturday, January 26, 2013

I believe there is a reason to charge the prosecutor with malicious prosecution.

Aaron Swartz was not seeking a profit from his activities. He was seeking to make available to others outside his expertise an opportunity to achieve. It was an act of friendship to provide education to others.

Aaron's activism is not malicious. It was not an attack on Plutocrats. His activism was to express to others, in some degree of understanding of an envy to his advantage in life, his willingness to put them in his shoes. He was  engaged in an educational extension of his expertise. He wanted others to share his values, his genius and be a part of his world. He posted professional articles for no other reason, except, respect to others that were somewhat 'his fans.' He wanted nothing in return, except, to offer a hand to those he considered friends lacking opportunity.

There is every reason to believe in his naivety in his actions. There is no proof otherwise and the law allows for such an outreach. I firmly believe the invasion of privacy leading to prosecution was nothing but malicious of which MIT was a partner. The institutions of law in this paradigm can be held criminally liable.

Bringing about justice in this case will require an investigation to his death, the circumstances leading up to, the involvement of MIT and its lack of policies to protect its academicians and their students and the motivation of the prosecutor. Only then will the truth be known and the evidence required to properly prosecute the 'system' and 'institution' the Plutocrats are relying on to preserve their profiteering at the cost of our country's brain trust.


A flexible exception that allows socially valuable uses of copyrighted material, including educational copying.
Fair use applies in many situations, but its application is never certain. A good faith decision in each situation is important.
Four factors are balanced to determine fair use:
  1. The purpose of the use should be for non-profit education. If the use adds to the original in some creative way (like commenting on a poem or making a parody), the fair use argument is stronger.
  2. Factual material is more susceptible to fair use; creative work like music and art gets stronger protection. Unpublished work also gets more protection
  3. Use only that amount of the original work that is necessary to accomplish the educational purpose.
  4. Avoid uses that substitute for purchasing available copies; damaging the market for the original counts heavily against fair use.
He was sharing the tools of genius. That is his only sin. He wasn't guilty of anything except a noble purpose.

I have a book on my shelf composed of nothing but professional journal articles. There is no other writing within the publication. Only professional journal articles. I purchased the book at a nominal cost for the course I attended, for the cost of the paper and binding. It was sold at the university bookstore. Of the two primary instructors of the course only one was published in the book. 

The point is, expertise nearly always stands on the shoulders of its predecessors. If a university can publish a book composed of nothing but professional journal articles from a wide variety of authors which was required reading for its students then what Aaron Swartz was involved in was neither strange or unaccepted on an academic level.

Stand on the shoulders of giants (click here)

In a USA economy that robs its people of honest wages and is sluggish to growth why not offer others a leg up and the tools to build a dream?

Aaron Swartz image inspired others to achieve and he was willing to help. Philanthropic in the only way he knew how or had resources to make it happen. He was iconic. His fame wouldn't wait and that is not his fault.