Ortiz said "Stealing is stealing whether you use a computer command or a crowbar, and whether you take documents, data or dollars. It is equally harmful to the victim whether you sell what you have stolen or give it away."
Because he literally broke into a server room and installed hardware to harvest this data.
There's no world where any organization, for profit or otherwise, would tolerate that. Even your local library would call the damn cops if you tried that.
After state prosecutors dropped their charges, federal prosecutors filed a superseding indictment adding nine more felony counts, which increased Swartz's maximum criminal exposure to 50 years of imprisonment and $1 million in fines.