Something to understand about capitalist competition (also in politics) is that it's a war. Not one with guns and bombs, but more like a cold war, with espionage and hacking and just generally doing anything you can to gain an advantage without bringing negative consequences on yourself.
The limit is what you can actually get away with, not what the rules say you can get away with, and the system aggressively selects players who recognize this. It's amoral - there is no "ought", only "is". An actor gets punished or not, with absolutely no regard to whether it "should" get punished. One thing is consistent: following the rules as written means you lose.
You can see it in Y Combinator (and other) startups. The biggest ex-startups are things like AirBNB (hotels but we don't follow the rules but we don't get punished for not following them) and Uber (taxis but we don't follow the rules but we don't get punished for not following them).
One way to not get punished for not following the rules is to invent a variation of the game where the rules haven't been written yet. I again refer you to AirBNB and Uber; Omegle also comes to mind, although they didn't monetize.
Viewed in this light, Aaron Swartz's mistake was not the part where he downloaded journal articles, but the part where he got caught downloading journal articles. Shadow library sites are doing the same thing, minus the getting caught. So are Meta and Google and OpenAI. sci-hub is only involved in a lawsuit because it got caught and is now in the stage where it finds out whether it gets punished or not.
The limit is what you can actually get away with, not what the rules say you can get away with, and the system aggressively selects players who recognize this. It's amoral - there is no "ought", only "is". An actor gets punished or not, with absolutely no regard to whether it "should" get punished. One thing is consistent: following the rules as written means you lose.
You can see it in Y Combinator (and other) startups. The biggest ex-startups are things like AirBNB (hotels but we don't follow the rules but we don't get punished for not following them) and Uber (taxis but we don't follow the rules but we don't get punished for not following them).
One way to not get punished for not following the rules is to invent a variation of the game where the rules haven't been written yet. I again refer you to AirBNB and Uber; Omegle also comes to mind, although they didn't monetize.
Viewed in this light, Aaron Swartz's mistake was not the part where he downloaded journal articles, but the part where he got caught downloading journal articles. Shadow library sites are doing the same thing, minus the getting caught. So are Meta and Google and OpenAI. sci-hub is only involved in a lawsuit because it got caught and is now in the stage where it finds out whether it gets punished or not.