he was not stealing. MIT has an extremely open policy on their internet use - in fact, they dont even prompt you to agree to their terms when you log on their Wifi - and on top of that he had a legal login to the JSTOR server(s). He downloaded a lot of files, yes, and accidentally crashed the servers, but obviously was not trying to do anything illegal - when they looked at his computer during the trial, he did not try to hide his tracks at all - now this guy is a hell of a lot smarter than us, do you think if he was trying to do something illegal he would even delete his .bash_history file, or even clear his browser history. All he did was write a python script in order to fetch the documents so he didn't have to go one by one and save every file. Since when is that considered "attempting to steal"? Anyways DOJ hops on this gravy train, and theyre like "we hate this motherfucking hacktivist - he and all his friends have been screwing us lately; lets play it off like this guy was stealing all the files with the intent to share them on a p2p website"
and thats how this all came about.