SCEA has alleged that Defendants have violated the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. §1201, et seq.; the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, et seq.; and has alleged contributory copyright infringement arising out of the Copyright Act, 17 U.S.C. §501, et seq.; as well as related state and common law claims for violation of the California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code § 502, et. seq., breach of contract, tortious interference with contractual relations, trespass and common law misappropriation.

The DMCA prohibits “circumvent[ing] a technological measure that
effectively controls access to a work protected under this [copyright] title.”
17 U.S.C. § 1201(a)(1)(A). To prove a violation of 17 U.S.C. §§ 1201(a)(1)
and 1204, the government must establish that the defendant
1. willfully
2. circumvented
3. a technological measure that effectively controls access (i.e., an
access control)
4. to a copyrighted work
5. for commercial advantage or private financial gain.
For purposes of the DMCA, prosecutors may look to the law of copyright
infringement for guidance regarding the “willfully” element and the
“commercial advantage” element. See Chapter II of this Manual

The term "obtaining information" is an expansive one, which includes merely viewing information online without downloading or copying it.[11] information stored electronically can be obtained not only by actual physical theft, but by "mere observation of the data."[12] The "crux of the offense under SubSection 1030(a)(2)(C) . . . is the abuse of a computer to obtain the information."[13]
"Information" includes intangible goods, settling an issue raised by the Tenth Circuit's decision in United States v. Brown.[14] In Brown, the appellate court held that purely intangible intellectual property, such as a computer program, did not constitute goods or services that can be stolen or converted. In the 1996 amendments to Section 1030, Congress clarified this issue, stating that Section 1030(a)(2) would "ensure that the theft of intangible information by the unauthorized use of a computer is prohibited in the same way theft of physical items are protected."[15]

Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 [17 USC § §106-122] or of the author as provided in section 106A(a) [17 USC 106A(a)], or who imports copies or phonorecords into the United States in violation of section 602 [17 USC 602], is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter [17 USC § §501 et seq.] (other than section 506 [17 USC 506]), any reference to copyright shall be deemed to include the rights conferred by section 106A(a) [17 USC 106A(a)]. As used in this subsection, the term "anyone" includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity.

(1) Knowingly accesses and without permission alters, damages,
deletes, destroys, or otherwise uses any data, computer, computer
system, or computer network in order to either (A) devise or execute
any scheme or artifice to defraud, deceive, or extort, or (B)
wrongfully control or obtain money, property, or data.