Sunday, January 13, 2013

On The Death or Aaron Swartz

It is not the hand you are dealt, it is how you play the cards.  The National Treasure who developed RSS, from which I personally benefit daily, committed suicide after being hounded by federal prosecutors.  Even a very rich and resourceful techie cannot face down the federal prosecutors.  The federal prosecutor wanted to give him 30 years for "stealing" IPR that was free anyway.

Now some people say "he knew the rules and can't complain when he pays the price."  Well, if he "knew the rules" we'd still be getting a news form Time magazine and he's be working in a government office like the people who say "he knew the rules."  Since he did not know the rules, he benefitted society immeasurably, something that cannot happen with those who sit around and look for rules with which to comply.

As to paying the price, the "victims" were so uninterested in the "crime" they failed to complain.  Sure Swartz knew there were rules against what he was doing, called "terms of service" but such rules are in such flux and what is now standing (but crumbling) is what is counterproductive.  There is an ancient legal principle: Lex dubia non obligat, natural law written on the heart.

Yet true true, he played his hand as best he could, and came across yet another federal prosecutor looking for a notch in his gun, and so no more National Treasure.  Swartz never asked anyone to praise him or respect him nor did he want any glory.  Swartz let his fruits speak for him.

On the other hand, the federal prosecutors and all patent attorneys want to be taken seriously and be praised for their work, not to mention compensated to a degree that is wildly unconnected to value provided in the market.

We all know intellectual property rights is a sham and a scam.    Sure, people check it out, and say "hmmmm... easy money, nice cars, be a player...  I can do this!"  That is just how some people play the cards they are dealt.  We all do this to some extent, look at the cards and play them to our best advantage.  No judging a man on how he plays his cards.  But when the man demands we pay him respect, and accept as he does that this silly thing we call IPR warrants ruining the economy, stifling innovation and driving people to suicide, he goes too far.

I met a drug dealer once, he'd killed some people, and worse - had some kids he was not raising properly, a Catholic boy, who was very up front about how he played his cards, and also made it clear he struggled with the fact what he did was wrong.  That murdering drug dealer is far more respectable than patent attorneys or federal prosecutors, because when he does wrong he admits it.  He does not expect anyone to respect his actions.

Patent attorneys make money because fifth parties are taxed to pay fourth parties to arrest third parties for selling things they make to second parties because putatively some first party owns "intellectual property rights."    This is absolutely madness.  There is a simple solution: let the first party defend their markets by listening to customers.  Eliminate intellectual property regime.

But no.  Too many people, too much money, too much control.  Sure, IPR attorneys, you looked at your cards, you played your hand and you've done well for yourself.  No judging a man for that.

But the next time you cash your paycheck, visualize Aaron Swartz hanging in his apartment, his destroyed family, and the loss of National Treasure.  Enjoy your Starbucks, but just don't expect us to respect your work.  That is going too far.

Feel free to forward this by email to three of your friends.


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