Aaron Swartz was prosecuted for scraping, while Meta does it without consequence

Anger over Aaron Swartz’s aggressive federal prosecution for downloading academic papers has resurfaced as people compare it to the apparent lack of criminal consequences for Meta and other AI companies scraping vast amounts of copyrighted data. Commenters argue this exposes selective enforcement and a justice system that is harsher on individuals than on large corporations, while also debating the legal and factual differences between Swartz’s CFAA case and today’s civil copyright disputes. Many see the episode as emblematic of deeper structural problems: prosecutorial overreach, plea‑bargaining coercion, corporate personhood, and a capitalist system where money and scale largely determine legal risk.

Unequal treatment of individuals vs corporations

  • Many see Swartz’s prosecution vs Meta’s non-prosecution as class justice: “too small to scrape” vs “too big to punish.”
  • View that the legal system routinely shields large firms (Meta, OpenAI, etc.) while harshly pursuing individuals, with fines for corporations treated as a cost of doing business.
  • Others argue the remedy is not “punish Meta like Aaron,” but “neither should be criminally targeted for scraping.”

What Swartz did vs what Meta is doing

  • Several commenters emphasize key differences:
    • Swartz allegedly trespassed into an MIT network closet, attached a laptop, evaded blocks (changing MAC/IP), and intended wide distribution.
    • Meta (and other AI firms) scrape largely public web and torrents for internal model training, framed as civil copyright issues.
  • Critics respond that big companies also evade blocks and engage in mass copyright violation; the moral gap is smaller than the legal one.

Sentencing, plea bargaining, and prosecutorial conduct

  • Strong concern over disproportionate maximum sentences (decades in prison) used as leverage to coerce plea deals; described as “legal intimidation” akin to a racket.
  • Some legal-minded commenters stress that the 35‑year figure was a theoretical statutory maximum; guidelines and the actual plea offer (~6 months) were much lower.
  • Debate over whether focusing on the headline maximum unwittingly amplifies prosecutorial PR.

Role of MIT, JSTOR, and institutions

  • JSTOR reportedly settled and did not push for continued prosecution; some see this as evidence the federal case was gratuitous.
  • MIT’s behavior is heavily criticized: calling in federal authorities, providing evidence, and then later “whitewashing” its role.
  • Others argue that once MIT’s network and contracts were disrupted, involving law enforcement was predictable, even if the outcome was excessive.

Copyright, scraping, and AI

  • Explanation that US law treats distribution of unauthorized copies as far more serious than private copying; training LLMs is currently being treated as closer to the latter.
  • Some argue copyright is fundamentally a tool to protect business models and should be weakened or abolished, especially for publicly funded research.
  • Others focus on enforcing existing copyright more evenly, including against AI firms that regurgitate or torrent copyrighted works.

Corporate power, capitalism, and democracy

  • Broad thread on plutocracy: wealth buying legal outcomes, corporate personhood, limited liability, and a two‑party system that allegedly serves a “deep state”/corporatocracy.
  • Proposals include piercing limited liability in extreme cases, income‑scaled fines, executive criminal liability, and even breaking up “too big to fail” entities.

Legal reform and private prosecutions

  • Discussion of private criminal prosecutions (UK, Australia, some US states): can be a tool for accountability but also for abuse (e.g., UK Post Office scandal using faulty software data).
  • Ideas floated: making selective enforcement grounds to invalidate laws; making it easier to challenge overbroad or unenforceable statutes; reducing reliance on prosecutorial discretion.

Mental health, causality, and rhetoric

  • Multiple participants stress Swartz had a preexisting history of depression; prosecution likely contributed but was not the sole cause of his suicide.
  • Some object to language like “effectively assassinated,” calling it inaccurate and unhelpful; others find the overall institutional behavior morally culpable regardless of terminology.