So if a person does something for which no specific law stipulates you may not do, and that entity is not harmed, but revenue is potentially effected, then the Justice Department is allowed to charge you with a felony. What he did simply showed that there was a hole in the system, and the response was to criminalize his violation of non-binding terms of use. It is like charging someone with theft for taking 10 free samples at the grocery store. You could call the person a jerk, sure, but not a thief.