my point being that 'simple trespassing' + tos violation is a muddy issue whereas simply violating a tos is an easy-to-parse flavor of civil disobedience.
more to the point, it's like getting arrested by a usda strike force at a buffet for eating in the kitchen after being told by the manager to that you're moving through the line too quickly. I agree that this is a disproportionate punishment, but... why are you in the kitchen again?
I would prefer that we only argue about TOS violations and the ethics of open-access journals, but instead we have to preface everything with "but look, he was only criminally trespassing because MIT changed their network access policy for community members" and that caveat by its very nature weakens the discourse around open-access journals, silly terms of service and so on.
You're right that the behavior on some level is 'technically correct' but it doesn't change Byrne's point that civil disobedience is most effective when the execution (and 'crime' committed) is unambiguous and focused.
more to the point, it's like getting arrested by a usda strike force at a buffet for eating in the kitchen after being told by the manager to that you're moving through the line too quickly. I agree that this is a disproportionate punishment, but... why are you in the kitchen again?
I would prefer that we only argue about TOS violations and the ethics of open-access journals, but instead we have to preface everything with "but look, he was only criminally trespassing because MIT changed their network access policy for community members" and that caveat by its very nature weakens the discourse around open-access journals, silly terms of service and so on.
You're right that the behavior on some level is 'technically correct' but it doesn't change Byrne's point that civil disobedience is most effective when the execution (and 'crime' committed) is unambiguous and focused.