If I can go to jail over it then they should too. Let's not judge them by some imaginary ideal world while judging individuals by the present crushing reality.
But you can not. At least not in US. Basically, you can not go to jail for it almost anywhere.
Are you asking me to find evidence counter to my understanding of situation? Show that he was prosecuted for copying. From a quick skim I'm in doubt anything he was found guilty of is copying.