On the legal theory used, I do find a few areas where further information would be useful.
In the case of Wire Fraud, is it JSTOR or MIT's rights that was violated if someone under false pretenses gains access to MIT's facilities and MIT's licensed access for research articles? What is the legal precedence in regard to rented or licensed property; is it the licensee's right that was violated if a crime is made to the property whiles in the care of the licensee or is it the licensers? By continuing giving MIT access after the breach of contract/license agreement, does JSTOR still have a legal claim of Wire fraud?
In the case of Unauthorized Access, Orin Kerrthe refer to a methodology of using the cost of production as a means to determine the value of the information obtained. But are we talking about the cost of production that JSTOR did in producing access to the information, or the production of the information itself done by parties not JSTOR or MIT. If we talk about the production efforts made by JSTOR, would the production cost be limited to the licensing fee's that JSTOR is (or are they?) paying to get exclusive access to the research journals?
By continuing giving MIT access after the breach of contract/license agreement, does JSTOR still have a legal claim of Wire fraud?
You're thinking in terms of a civil suit, where an aggrieved party sues to restore their property/rights/etc. This was a criminal suit where the process is very different: the party suing is always the government in criminal cases, and the only matter at hand is whether the defendant violated the letter of the law. Aggrieved parties don't even have any authority to press or drop charges in criminal cases: that authority rests solely with the government (and the government will often continue cases when the parties involved just want it to go away).
In the case of Wire Fraud, is it JSTOR or MIT's rights that was violated if someone under false pretenses gains access to MIT's facilities and MIT's licensed access for research articles? What is the legal precedence in regard to rented or licensed property; is it the licensee's right that was violated if a crime is made to the property whiles in the care of the licensee or is it the licensers? By continuing giving MIT access after the breach of contract/license agreement, does JSTOR still have a legal claim of Wire fraud?
In the case of Unauthorized Access, Orin Kerrthe refer to a methodology of using the cost of production as a means to determine the value of the information obtained. But are we talking about the cost of production that JSTOR did in producing access to the information, or the production of the information itself done by parties not JSTOR or MIT. If we talk about the production efforts made by JSTOR, would the production cost be limited to the licensing fee's that JSTOR is (or are they?) paying to get exclusive access to the research journals?