It was a closet in a college campus, it's not like he broke into Fort Knox. The door was unlocked. Shenanigans happen all the time on that campus. Students once put a live cow on the roof of what is now the East Campus dorm. Richard Feynman notoriously honed his lock-picking and safe cracking abilities while a student there. Somebody apparently put a campus police car on the Great Dome, replete with flashing lights, a plastic police officer and box of donuts. Should all those people have been arrested and thrown in jail? Do you harbor the same level of vitriol for those "crimes" as you do for Aaron Schwartz?
Has anyone considered that perhaps his script had a bug that allowed it to fetch documents faster than he intended? I ask because I wrote a script that was supposed to access a server every 2 seconds, and first time I fired it up it hit the server every 2 ms. Oops! Should I go to jail? It was my own server, so I'm kinda on the fence about whether I should have myself arrested.