Earlier quoted context omitted.
It's not the equivalent. If the third party phones allowed users access to Ma Bell's network, switching systems, etc, without paying Ma Bell - then it might be equivalent. I'm pretty sure that would be considered theft of communication services.
I feel that's not right either. Apple did not physically build the phone network and nobody is piggybacking on their network, Apple isn't hosting anyone's photos or videos afaict and the user pays for bandwidth, they maybe pay for notification relay to their own users. It's more like phone manufacturer X that accesses Ma Bell's network creates phone with slightly better call quality that only works with other X phone…
Aaron Swartz was hounded to death by the Feds for unauthorized access to a website and charged with a violation of the Computer Fraud and Abuse Act
He wasn't even trying to turn a profit.