Is it wrong to jaywalk? Assuming you'd say yes then, if one jaywalks across the street to pick up the cure for cancer and subsequently disseminates said cure, would you persecute him for jaywalking? Because jaywalking seems like a pretty good analogy to Swartz's causing a short disruption of the Jstor service, and it wouldn't surprise me if the open publication of all scientific knowledge had the direct result of curing cancer, or the equivalent, many times over.