He got caught because he put his downloader in one of their closets. None of this should have been technically illegal,
So if I walk into your place of employment, install my equipment in their unlocked closet, try to hide the fact that my equipment is in their closet when I have no right to be there, and download all kinds of crap using their equipment, that's not illegal?
I tend to think your employer would say otherwise.
Better yet, I'll wait until you're at work, walk into your place and install my equipment on your network, hiding it under the pile of crap you have lying around, and pull down all your data from your network. Not illegal, right?
The amount of excuses people on here use to justify clearly illegal acts is akin to listening to the politicians in Washington come up with excuses for why they weren't really cheating on their wives or why they're not really taking bribes from companies and foreign governments.