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View Diary: Aaron Swartz Was Going Home With a Slap On The Wrist. Then The Feds Got Involved (274 comments)

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  •  You're right, the Feds would never drop ... (0+ / 0-)

    the requirement that Swartz plead guilty to something, it's a basic requirement of ALL plea bargains.  A person maintaining innocence will not be allowed to plea bargain, that's just not the way it works.  Such an admission is part of the "bargain".

    If Swartz didn't want to be branded a felon, he shouldn't have done what he did.  Yet he CLEARLY knew he was committing crimes; why else would he have attempted to hide his face from MIT's surveillance cameras, and hide his laptop in one of their computer closets?  If he believed what he was doing was all fine and dandy, he'd have done neither of those things.  The fact that he did is what prosecutors call "consciousness of guilt" and would have been explained as such to a jury, leading to his certain conviction.

    As to the fine, there wouldn't have been one but for his voluntary acts.  Even so, he chose to spend all his money on attorney's fees (first class counsel, no doubt, probably charging $1k an hour or so) trying to weasel out of the consequences.  And even then, given his past successes, he could have earned enough to pay ... probably just by selling the rights to his story.

    "Two things are infinite: the universe and human stupidity, and I am not sure about the universe." -- Albert Einstein

    by Neuroptimalian on Tue Jan 29, 2013 at 01:09:13 PM PST

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    •  Yes, you really do appear to hate this man. (1+ / 0-)
      Recommended by:
      eXtina

      It was not a CRIME it was a misdemeanor. jSTOR didn't press charges.

      ❧To thine ownself be true

      by Agathena on Tue Jan 29, 2013 at 01:30:45 PM PST

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      •  JSTOR's opinion was irrelevant. (0+ / 0-)

        The case was "The People of the United States of America v. Aaron Swartz", not JSTOR vs. Swartz, the latter of which would have been a civil action, not a criminal one.

        BTW, a misdemeanor IS a crime; so is a felony.  It's a matter of degree.  I believe you have these terms confused.  

        "Two things are infinite: the universe and human stupidity, and I am not sure about the universe." -- Albert Einstein

        by Neuroptimalian on Tue Jan 29, 2013 at 01:58:02 PM PST

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