The Government is one part of the story and it is hard to speculate about the exact motives of the prosecutor. But the other part is JSTOR and they did react in multiple ways since the incidence in 2011: First they settled any civil claims they might have had against Aaron in June 2011 (http://about.jstor.org/statement-swartz) and they started a Register and Read programme a short while ago. This offer - while not giving everything to everybody for free - will in effect give most people access the many works without any costs (http://about.jstor.org/rr). So I don't feel it is correct to write that "[t]o the millions of people outside the ivory halls of academic these works remain unavailable." The story is sad enough as it is. But the world of academic publishing - at least in the humanities - seems to be turning slowly towards the direction he envisioned, even if it may seem much to slowly to everyone who shares his ideals.