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"July 31, 2011
By David Glenn
Cambridge, Mass.
This past April in Switzerland, Lawrence Lessig gave an impassioned lecture denouncing publishers' paywalls, which charge fees to read scholarly research, thus blocking most people from access.
It was a familiar theme for Mr. Lessig, a professor at Harvard Law School who is one of the world's most outspoken critics of intellectual-property laws. But in this speech he gave special attention to JSTOR, a not-for-profit journal archive. He cited a tweet from a scholar who called JSTOR "morally offensive" for charging $20 for a six-page 1932 article from the California Historical Society Quarterly.
The JSTOR archive is not usually cast as a leading villain by open-access advocates. But Mr. Lessig surely knew in April something that his Swiss audience did not: Aaron Swartz-a friend and former Harvard colleague of Mr. Lessig's-was under investigation for misappropriating more than 4.8 million scholarly papers and other files from JSTOR.
On July 19, exactly three months after Mr. Lessig's speech, federal prosecutors unsealed an indictment charging that Mr. Swartz had abused computer networks at the Massachusetts Institute of Technology and disrupted JSTOR's servers. If convicted on all counts, Mr. Swartz faces up to 35 years in prison."