Comment by macspoofing

Not quite. With Aaron Swartz there was no question of copyright infringement. He was infringing. With Carl Malamud and the state of Georgia there is ambiguity on the copyrightable status of certain kinds of legal materials (like descriptions and summaries of laws and legal decisions). This is what the courts for. Both sides have some basis for their position even though I side with Malamud on this point.