IANAL too and I support Aaron 1000% but the outrage just misses the basics of Anglo-British law.

I am sure that court would hold that [throwing your bubble gum on the side walk] would constitute "Access Without Authorization" if it believed that this act was done with that intent. Because our legal system is ultimately about intent, not action. If [throwing your bubble gum on the side walk] is done with the intent to murder, it would constitute attempted murder, etc...

Edit: All that said, the bigger questions would come down to "the legality of the shrink-wrap-license" (now featured as the "click-through-but-unread-license") question.