From the Globe …
Swartz and his lawyers were not looking for a free pass. They had offered to accept a deferred prosecution or probation, so that if Swartz pulled a stunt like that again, he would end up in prison.
Marty Weinberg, who took the case over from Good, said he nearly negotiated a plea bargain in which Swartz would not serve any time. He said JSTOR signed off on it, but MIT would not.
via Talking Points Memo http://talkingpointsmemo.com/archives/2013/01/on_swartz_and_mit.php?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Talking-Points-Memo+%28Talking+Points+Memo%3A+by+Joshua+Micah+Marshall%29