How is Swartz worse? He may have intended to commit massive copyright violations, but he DID not. And he had rights to this information per JSTORs own terms of service. He was going to be prosecuted for 50 years to life for a thought crime. If thought crime is worse than actual crime, that is a big problem.
OSVDB says there is a debate about whether this information is copyrightable, but they aren't pursuing that angle.
If McAfee workers read these documents to improve software that they are developing, then that's a commercial use and it violates the terms under which the information was provided.