said by AVD:
he had a license to the content. The bulk downloading was probably a violation of the license as well as the "intent to distribute". But he did not hack anything.
If what you note is correct, I agree. However, I was simply going by information in the article cited in the OP:
... Prosecutors said Swartz hacked into MIT's system in November of 2010 after breaking into a computer wiring closet on campus. Prosecutors said he intended to distribute the articles on file-sharing websites. ...
The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money. A. de Tocqueville