Aaron Swartz: Do Not Copyright!

The Issue

Aaron Swartz is the founder of Demand Progress, which launched the campaign against the Internet censorship bills (SOPA/PIPA) and now has over a million members.

Aaron is also known for releasing government documents through the Internet in order to uncover corruption in the funding of climate change research. Subsequently, faced with prosecutors being overzealous and a dysfunctional criminal justice system, Aaron was charged with a maximum penalty of $1 million in fines and 35 years in prison, leading to a 2-year legal battle with the US federal government that ended when Aaron took his own life on January 11, 2013.

In October 2014, a book on Aaron’s work, titled "Raw Thought, Raw Nerve: Inside the mind of Aaron Swartz" was produced. The book was about Aaron and his writings. The unedited content of this book is publicly available on Aaron’s website: aaronsw.com. As I started to look for the book on the internet and in Barnes & Nobles, I came up empty. It was brought to my attention that the book had been pulled off the shelves and printing had stopped.

So I started to do my own investigation as to why the book, which had become a top seller, had been very quickly pulled off the shelves.

My findings are as follows:

  • Discovery Publisher is the company that produced "Raw Thought, Raw Nerve: Inside the mind of Aaron Swartz". The publisher reported that they wish to reverse all benefits from the printed book sales to Aaron’s charity and make the e-version of the book freely available, as it presently is from their website;


  • In an article titled "If I get hit by a truck", Aaron Swartz wrote: "I designate Sean B. Palmer as my virtual executor to organize such things. (And if you delete anything, Sean, I will haunt you from the grave!) I ask that the contents of all my hard drives be made publicly available. […] Copyright for my GPLed source code should revert to the Free Software Foundation." (article available from: http://www.aaronsw.com/2002/continuity
 ) [07-Nov-15: original file modified, see archived page at https://web.archive.org/web/20031217220719/http://www.aaronsw.com/2002/continuity ];

  • Recently, Mr. Sean B. Palmer gave The New Press the exclusive right to Aaron’s Intellectual Property;


  • Subsequently, The New Press put some lawyers at work and had a DMCA claim against Discovery Publisher that ended getting the book taken off the shelves.

I’m not sure why Mr. Sean B. Palmer gave The New Press the exclusive right to publish Aaron’s IP. Legally speaking, since he is the legal owner of Aaron’s IP, he is entitled to do whatever he likes with it, but IS THIS THE RIGHT THING TO DO knowing that Aaron was very much against abusive copyrights laws?

Further research led me to discover that Aaron believed traditional copyright laws were too restrictive to productive creativity; he was a fervent advocate of the Creative Commons copyright licenses, which help creators retain copyright while allowing others to copy, distribute, and make some uses of their work, commercially or not.

So, to summarize, this petition is to:

  1. Revert Mr. Sean B. Palmer’s decision to give EXCLUSIVE RIGHT on Aaron’s work, commercially or not, to The New Press or any other entities;


  2. Revert The New Press’s legal action (i.e. DMCA) against publications on Aaron Swartz's writings;


  3. Make sure that Aaron’s work is, once and for all, under Creative Commons copyright license. More specifically, under Creative Commons BY-ND license, which allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to Aaron Swartz.
This petition had 136 supporters

The Issue

Aaron Swartz is the founder of Demand Progress, which launched the campaign against the Internet censorship bills (SOPA/PIPA) and now has over a million members.

Aaron is also known for releasing government documents through the Internet in order to uncover corruption in the funding of climate change research. Subsequently, faced with prosecutors being overzealous and a dysfunctional criminal justice system, Aaron was charged with a maximum penalty of $1 million in fines and 35 years in prison, leading to a 2-year legal battle with the US federal government that ended when Aaron took his own life on January 11, 2013.

In October 2014, a book on Aaron’s work, titled "Raw Thought, Raw Nerve: Inside the mind of Aaron Swartz" was produced. The book was about Aaron and his writings. The unedited content of this book is publicly available on Aaron’s website: aaronsw.com. As I started to look for the book on the internet and in Barnes & Nobles, I came up empty. It was brought to my attention that the book had been pulled off the shelves and printing had stopped.

So I started to do my own investigation as to why the book, which had become a top seller, had been very quickly pulled off the shelves.

My findings are as follows:

  • Discovery Publisher is the company that produced "Raw Thought, Raw Nerve: Inside the mind of Aaron Swartz". The publisher reported that they wish to reverse all benefits from the printed book sales to Aaron’s charity and make the e-version of the book freely available, as it presently is from their website;


  • In an article titled "If I get hit by a truck", Aaron Swartz wrote: "I designate Sean B. Palmer as my virtual executor to organize such things. (And if you delete anything, Sean, I will haunt you from the grave!) I ask that the contents of all my hard drives be made publicly available. […] Copyright for my GPLed source code should revert to the Free Software Foundation." (article available from: http://www.aaronsw.com/2002/continuity
 ) [07-Nov-15: original file modified, see archived page at https://web.archive.org/web/20031217220719/http://www.aaronsw.com/2002/continuity ];

  • Recently, Mr. Sean B. Palmer gave The New Press the exclusive right to Aaron’s Intellectual Property;


  • Subsequently, The New Press put some lawyers at work and had a DMCA claim against Discovery Publisher that ended getting the book taken off the shelves.

I’m not sure why Mr. Sean B. Palmer gave The New Press the exclusive right to publish Aaron’s IP. Legally speaking, since he is the legal owner of Aaron’s IP, he is entitled to do whatever he likes with it, but IS THIS THE RIGHT THING TO DO knowing that Aaron was very much against abusive copyrights laws?

Further research led me to discover that Aaron believed traditional copyright laws were too restrictive to productive creativity; he was a fervent advocate of the Creative Commons copyright licenses, which help creators retain copyright while allowing others to copy, distribute, and make some uses of their work, commercially or not.

So, to summarize, this petition is to:

  1. Revert Mr. Sean B. Palmer’s decision to give EXCLUSIVE RIGHT on Aaron’s work, commercially or not, to The New Press or any other entities;


  2. Revert The New Press’s legal action (i.e. DMCA) against publications on Aaron Swartz's writings;


  3. Make sure that Aaron’s work is, once and for all, under Creative Commons copyright license. More specifically, under Creative Commons BY-ND license, which allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to Aaron Swartz.

The Decision Makers

Sean B. Palmer
Sean B. Palmer
Historian and Programmer
Responded
The Discovery book made them a profit, because when New Press challenged them they agreed to donate that profit to charity. It is great that they changed their mind, but why did they only do so when challenged? If it was not for that challenge, they would have kept those profits. Again, I did not file the DMCA even though my name was used in it. And the "okay" was for the New Press to take unspecified action, not for the contract to be negotiated. Contract negotiation took a long time because I am very busy. It also took a long time in order to ensure that the book was of exceptional quality, and so that GiveWell were given a reasonable offer. I do agree with you that the DMCA was heavy handed. Many such laws in your country are abhorrent in this way. I continue to agree with you on this point. But the effect was that the Discovery book was published online as a PDF, and the profits went to charity. So, as I said, all's well that ends well. I have also made sure that the relevant people have learned from this experience. Your petition is harmful because it spreads misinformation. The things that you allege are wrong, or show deep misunderstanding. As an example, you continue to assert that the Continuity page expressed Aaron's wishes when he died. You are simply wrong. It is not true. Those were things that Aaron said in early 2003, when he was 16. He lived another decade, and changed his mind a lot in that decade. He forgot to update that page. I have now updated it for him. Your misunderstanding is such that you even refer to the GNU Public License as the public domain. These are basics that you ought to have researched much more carefully in advance. Aaron did an enormous amount of good, and I have many responsibilities relative to that. You are distracting me from such tasks. Worse than that, you have decided to publish harmful things because you didn't have the basic courtesy of contacting me privately beforehand, just in case you misconstrued the situation. Well as a matter of fact, you have misconstrued the situation. Aaron entrusted me with all of his work, and yet you have the gall to demand things of me that Aaron decided against. I strongly suggest that you channel your efforts in a more constructive domain.
Josh Itkin
Josh Itkin
The New Press, Manager
Sharon Swados
Sharon Swados
The New Press
Lawrence Lessig
Lawrence Lessig
Professor at Harvard University
Jed Bickman
Jed Bickman
The New Press, Associate Editor

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Petition created on October 31, 2015