![]() The Pacifico Court distinguished between a party who commits "unauthorized access" to a computer system by the use of a password and one who is a "guest" on a computer system, observing that a guest is "permitted to access the computer system for a limited purpose and at a limited time." Id. On the contrary, the New York Court of Appeals has held that "n unauthorized person who had gained entry to a computer system by way of a password has no right to access the computer files for whatever purpose." Pacifico v. M & R cites no authority for the proposition that a customer may use a password to access a service provider's website and the "obvious" purpose of such a password is to access a website, not download a copy of a copyrighted work, as in this case. M & R asserts that it *1278 could have provided its password to Matthew and Sandra, without providing its username or password to IT.
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