except
- his software didn't have any remote administrative capabilities.
- all photographers take pictures in public and then post them for profit, there is nothing new about that whatsoever.
- There were no disclaimers on the computers in Apple's store that would prevent him from installing such software. Matter of fact, they are available for people to use and test in any way they see fit.
He's getting a free pass because he broke 0 laws. Zero.