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▲ tzs an hour ago

The AI companies are arguably committing copyright infringement, on a scale which one might colorably argue arises to criminal copyright infringement.

None of the charges against Swartz were for copyright infringement. They were all for how he went about it [1].

Compare the elements of those charges to what the AI companies are doing.

[1] https://volokh.com/2013/01/14/aaron-swartz-charges/