The original party asked the Dept of Justice to drop the case. That sounds like a large amount of malice to me - they wanted to squeeze 35 years of the guy's life, even though the original "victim" decided not to go ahead with a complaint.
I thought it was only JSTOR that said that, and that MIT had not made that clear? Anyway, that wasn't really my main point. Prosecutions sometimes do define the law, that's the power of precedence.