Just had to get that out of my system.
Unless it's your data that's being downloaded unlawfully, right?
I'm writing a book. I plan on putting it on piratebay myself. I'll have an option for people to pay me if they so choose.
"JSTOR told the Chronicle that each and every year, they turn away 150 million attempts to gain access to articles."
Other people and other organizations are willing to provide this data to the public at their cost. However they can't publish data that's under lock and key.
Second, since MIT initiated the proceedings I wouldn't call that neutral either.
Of course I can be brave and eat downvotes when necessary without a throwaway as I never get to meet, or work with, anyone here IRL who might punch me in the face. But I have to say that even my non-conforming comments are usually left alone by downvoters, as long as I take pains to explain my disagreement.
But you don't know who "you" is so how can you judge that they don't want to hide under a throwaway account?
What if "you" is <person who HN fawns over> or <CEO of HN's latest darling> or <someone nearing the karma point where you get to downvote> or <someone who's feelings are more easily bruised> (Karmaphiliac?)
Would be a nice feature to be able to post a comment which isn't linked to your handle w/o doing a throwaway. Said feature only available above a certain karma level of course.
Add: Or <someone who doesn't want to upset an important co-worker, boss or partner/spouse that reads HN who views things differently>
MIT initiated a process to find out who the laptop they found belonged to. MIT did not initiate any legal proceedings, and did not tell anyone that they were in favor of doing so.
The report gives plenty of evidence that doesn't support that contention. It looks to me like the prosecution didn't care what MIT or JSTOR thought.
I can see one thing that would have weakened the prosecution's case: if MIT had been able to say definitely that Swartz's access to the MIT network was authorized. However, I'm not sure MIT could have said that definitely.