The indictment goes into great detail as to how Swartz would have known his actions violated JSTOR's terms, and how he repeatedly took surreptitious steps to continue his plan despite the obvious efforts of both MIT and JSTOR to stop him.
"Mere scraping alone" is unlikely to land you a federal charge; the prosecution needs to demonstrate your intent to act unlawfully. A far more typical outcome for a scraping case is a C&D from the site you scraped.
For obvious reasons, JSTOR can't C&D Swartz once their content hits BitTorrent. Similarly, if you scrape a site and post it to file sharing networks, you might have something to be concerned about.
"Mere scraping alone" is unlikely to land you a federal charge; the prosecution needs to demonstrate your intent to act unlawfully. A far more typical outcome for a scraping case is a C&D from the site you scraped.
For obvious reasons, JSTOR can't C&D Swartz once their content hits BitTorrent. Similarly, if you scrape a site and post it to file sharing networks, you might have something to be concerned about.