1790
Laws only matter if you're not rich.
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Not to mention that Swartz had a JSTOR account, which means he was legally entitled to download the things that he did. The part they didn't like was that he used scripts to download en-mass, and a bunch of boomer fucks thought he actually committed a crime.
To be fair, he broke and entered a networking closet as well. But I guess that is a separate issue.
The university AND jstor were pretty quick to get as uninvolved from that mess as quick as possible, so it really doesn't matter.... But what you're saying has nothing to do with the case and is also not true. "Broke and entered" implies forced physical access into a clearly forbidden area. The network closet was a room that was left unlocked and was frequently used by janitorial staff to put junk in.
Walking through an open door in a place you're authorized to access is going to be a hard sell on a B&E conviction, but okay.
IIRC (could be wrong) the closet was unlocked. So can we really call that "breaking and entering?"
broke what