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to provide them to M & R." Id. M & R asserts that it *1278 could have provided its password to Matthew and Sandra, without providing its username or password to IT. 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. On the contrary, the New York Court of Appeals has held that "[a]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. Pacifico, 3 N.Y.2d 1, 7, 163 N.Y.S.2d 639, 143 N.E.2d 842 (1957). 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. at 9-10, 163 N.Y.S.2d 639, 143 N.E.2d 842. Thus, the "obvious" purpose of the password is to gain access to a computer system, not to download a copy of a copyrighted work. Because a password cannot be used as a replacement for an username in order to access a website, M & R's assertion that it could have provided a username and password to Matthew and Sandra, without providing its username or password to IT, is false. Therefore, M & R cannot establish that the use of a password to access its website would have been a practical solution to the alleged copyright violation. However, IT is correct that M & R does not cite any authority that a password could provide authorization to access a website. As M & R concedes, "[t]he simple answer is that one cannot use a password to give access to a web page unless one is authorized to do so." Opposition Brief at 5. It appears from the facts alleged in the Complaint that IT provided the M & R username and password to Matthew and Sandra, as both Matthew and Sandra admit they obtained the username and password from IT. See Complaint at ¶ 23 ("IT provided this information to M & R's customers who attempted to view the

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