So even though he didn't do anything illegal with the data, you think it is criminal that he didn't obey some unwritten rule about using an API in that way? If I wrote a script to scrape 10 million e-mail addresses from usenet, am I a felon because usenet isn't supposed to be used that way? What if I just want to analyze the patterns or show the world how easy it is to scrape?
Seems to be a little more of a gray area, considering using is a service that IS publicly available and labelled as such. I don't find the two to be analogous, if that is what you are asking.
