The single most important question that hasn't been answered

Sweden's first Ipred lawsuit ends up in the European Court of Justice. That's hardly a surprise. What is a surprise to me though is that what I consider to be one of the most important questions in this case hasn't even been touched by the courts:

How did the anti-piracy agency, Antipiratbyrån, manage to legally break into a secure server in order to gather evidence? And furthermore, do the courts find illegal activities to be perfectly ok when performed by representatives of the entertainment lobby?