If this were true, the DoJ would have been unable to prosecute Swartz. According to your logic, JSTOR was the aggrieved party. JSTOR settled with Swartz and -despite that- he was indicted by a Federal grand jury like a month later.

Incidentally, some of the things the DoJ nailed Swartz to the wall for sound awfully similar to what the big LLM providers have been doing. I wonder why the DoJ is entirely disinterested in pressing charges...

EDIT: Unless your point is that the USG is one of the entities that the big LLM companies have committed crimes against, which, I disagree with in Swartz's case, but strongly agree with in the case of the big LLM companies.