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You ignore the fact that this student installed file sharing software on a computer that was not his own. I think any student should know that there are restrictions on how public computers may be used. In fact, most public computers have some protections in place to prevent users from installing new software - such as firewalls or control of user privilege settings - so it is very likely that this student indeed did some hacking to get around whatever barrier was on the computer to prevent such installation.
Plus - it is very likely that something significant happened -- like a huge spike in bandwidth use -- to alert the library to the problem.
You have posited all sorts of hypotheticals that didn't happen in this case, and then tried to rewrite a history to make the student sound hapless and ignorant. Like the t.v. commercial where the little girl accidentally downloads a file with a virus on her daddy's office computer, but fortunately the entire office network is protected by the anti-virus program being advertised and the IT division is immediately alerted.
But it is highly unlikely that this kid was like the innocent little girl. The process by which he was caught negates that assumption -- how did the library staff even know he was the one who did the downloading? Computer intruders are hard to catch the first time around - you have to set traps for them and wait for them to come back. So in this case it is most likely that the student's activities were monitored over time.
This is no different from the incident posted in another thread where the high school boys were apprehended after entering their school building through the roof -- no one was making excuses for them, even though they were much younger and didn't seem to have any criminal intent.
If what this kid did was truly innocuous, chances are that his case will be dismissed. An arrest is not the same as a conviction. If the circumstances show that what he did was illegal, but he lacked awareness of the illegality -- the consequences are likely to be minimal, but firm enough to make sure that he knows not to make the mistake again -- typically for an adult offender, a fine but no jail sentence. And if the reality is that he is a sophisticate computer user who knew exactly what he was doing, he will likely get the consequence he deserves -- but computer crime very rarely results in significant jail sentences.
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