Normative vs prerogative state [1]. See US v. Swartz compared to Meta use of LibGen for Llama

[1] https://en.wikipedia.org/wiki/Dual_state_(model)

So, I knew Aaron and I definitely would not presume to predict what he would have thought, but I’d point out there is a sizeable state space where he should never have been prosecuted, and scraping by others including large commercial companies should not prosecutable on the same grounds.

I repeat what Aaron’s friends and lawyers said at the time: we were going to fight that case, and we were going to win.