Neither MIT nor JSTOR raised issue with what Schwartz did. JSTOR even went out of their way to tell the FBI they did not want him prosecuted.
Remember, again, with what he was charged. Wiretapping and intent to distribute. He wasn't charged with trespassing, breaking and entering, or anything else. Wiretapping and intent to distribute.
> His actions started to affect all users of JSTOR at MIT. The rate of outflow caused JSTOR to suffer performance, so JSTOR disabled all of MIT access.
And this is where you are confusing a "crime" with "misuse of a system". MIT and JSTOR were in their rights to cut access. That does not mean that what Schwartz did was illegal. Similar to how if a business owner tells you "you need to leave now" you aren't committing a crime because they asked you to leave. That doesn't happen until you are trespassed.
> Go ahead and demonstrate some wholesale distribution - pick an author and reproduce a few works, for example. I'll wait.
You violate copyright by transforming. And fortunately, it's really simple to show that chat GPT will violate and simply emit byte for byte chunks of copyrighted material.
You can, for example, ask it to implement Java's Array list and get several verbatim parts of the JDKs source code echoed back at you.
> How many could I get from what Schwartz downloaded?
0, because he didn't distribute.
You can read the indictment, which I already suggested you do.
> Remember, again, with what he was charged. Wiretapping and intent to distribute. He wasn't charged with trespassing, breaking and entering, or anything else. Wiretapping and intent to distribute.
He wasn't charged with wiretapping (not even sure that's a generic crime). He was charged with (two counts of) wire fraud (18 USC 1343), a huge difference. He also had 5 different charges of computer fraud (18 USC 1030(a)(4), (b) & 2), 5 counts of unlawfully obtaining information from a protected computer (18 USC 1030 (a)(2), (b), (c)(2)(B)(iii) & 2), and 1 count of recklessly damaging a protected computer (18 USC...).
He was not charged with "intent to distribute", and there's not such thing as a "wiretapping" charge. Did you ever once read the actual indictment, or did you just make all this up from internet forum posts?
If you're going to start with the phrase "Remember, again.." you should try to make up nonsense. Actually read what you're asking others to "remember" which you apparently never knew in the first place.
> you are confusing a "crime" with "misuse of a system"
Apparently you are (willfully?) ignorant of law.
> You violate copyright by transforming.
That's false too. Transformative use is one defense used to not infringe copyright. Carefully read up on the topic.
> ask it to implement Java's Array list and get several verbatim parts of the JDKs source code echoed back at you
Provide the prompt. Courts have ruled that code that is the naïve way to create a simple solution is not copyrighted on it's own, so if you have only a few disconnected snippets, that violates nothing. Can you make it reproduce an entire source file, comments, legalese at the top? I doubt it. To violate copyright one needs a certain amount (determined by trials) of the content.
You might also want to make sure you're not simply reading OpenJDK.
> 0, because he didn't distribute.
Please read. "How many could I get from what Schwartz downloaded?" does not mean he published it all before he was stopped. It means what he took.
That you seem unable to tell the difference between someone copying millions of PDF to distribute as-is, and the effort one must go to to possibly get a desired copyrighted snippet, shows either dishonestly or ignorance of relevant laws.