A cease and desist order from the company that owns the server pretty effectively illustrates that it is indeed "against the will" of the server's owners. I'll wholly concede that the server itself doesn't have a will of its own, but otherwise, server configuration is not of any legal concern.
It's worth noting that this is different than just misconfiguration hacks, where somebody gains access to something completely private because the server allowed it. I agree that in those circumstances, no culpability should be found on the part of the 'hacker'. However, in this case, Amazon said "Hey you. What you're doing? Stop it."
Moreover, they did so with a letter written by their attorneys. Not legally binding, sure, but at the same time, a pretty clear illustration that the access wasn't wanted.
It's worth noting that this is different than just misconfiguration hacks, where somebody gains access to something completely private because the server allowed it. I agree that in those circumstances, no culpability should be found on the part of the 'hacker'. However, in this case, Amazon said "Hey you. What you're doing? Stop it."
Moreover, they did so with a letter written by their attorneys. Not legally binding, sure, but at the same time, a pretty clear illustration that the access wasn't wanted.