Also, if DDoS is "destructive" then copying a file is stealing.
Also, if DDoS is "destructive" then copying a file is stealing.
I wish he'd stuck it out; had there been a trial (and possibly sentencing), the public would have learned many of the same lessons about overzealous prosecution, the JSTOR project, the CFAA, the obsolescence of copyright, and importance of open access. Plus, he'd still be with us.
I also believe Aaron's causes with regard to copyright and censorship will succeed in coming decades, easily within his natural lifespan, and he would have helped them succeed faster, so I'm sad he'll miss it.
DDoS is destructive (unlike any amount of copying) because it disables access and functionality and effectively censors content by blocking individual learning and communication. It causes more resources to be be wasted on paranoia and layers-of-defense. It causes a hardening of positions and growth of suspicion. It is much easier to portray Aaron's supporters as 'vandals' if they help by actually committing vandalism. (I'd guess that as an 'applied sociologist', Aaron understood this well.)
That these DoS effects are often temporary is no defense: it's destroying people's freedom-to-communicate for a time... and the early death of a young person should remind you that ultimately all we have is time.
His suicide, tragically, appears to have helped the cause - the media loves the wild speculation and gossip that it brought about. So while his end goal may now stand a chance of coming to fruition, he won't be around to witness it.
The number of things that went wrong in order to generate this outcome is just astonishing. While I knew nothing of Aaron or his cause prior to this happening (see? media effects sigh), I at least hope the public outcry brings about what appears to be some much-needed change.
But within the tech community that is already familiar with open access, copyright reform, and anti-SOPA efforts, a trial, ending in either acquittal or conviction, would have focused a lot of attention. The same defenses of Aaron's actions, and attacks on prosecutorial overreach, would have been aired. And any sentence beyond community service or perhaps a few weeks' jail time would have triggered enduring protests and similar petitions for pardon/redress.
How does that follow?
The reason we don't refer to copying as stealing is not because it's "not physical" but more because only the second part of the definition holds.
I would rather see anonymous discover who at MIT is responsible for this matter and dox them than deny students access to their network. Doxing is like a sniper attack. DDoSing is like dropping napalm on villages.
I don't think anyone will know, actually, who is responsible without the investigation that MIT is already doing. We can speculate, but we'll probably get it wrong.