I'll concede that it is at least not clear. In any event, I was wrong about Project Gutenberg and Google's position is not entirely clear to me. It is worth noting that the Royal Society is in the UK, where the law is definitely different, if not clear.
http://thepiratebay.org/torrent/6554331/Papers_from_Philosophical_Transactions_of_the_Royal_Society__fro
Greg Maxwell is torrenting 33Gib of public domain JSTOR documents that were behind paywalls.
What's your take on this, ethically, legally, etc?
ETA: More on this: http://gigaom.com/2011/07/21/pirate-bay-jstor/