"Keep in mind that Aaron did not in fact distribute the articles he downloaded from JSTOR. Keep in mind that he had the legal right to download each and every one of those articles individually. Keep in mind that the Guerrilla Open Access Manifesto that the DOJ cites was written by a group, not by Aaron individually, several years before Aaron’s actions — and take it from me that several years could be an eternity in the evolution of Aaron’s political views. Keep in mind that many independent commentators made an extremely plausible case that Aaron was interested in doing statistical research on the archive of articles, not distributing them.* And keep in mind that the government’s ONLY evidence that Aaron wanted to distribute the articles was this co-authored manifesto."