MINUTES (IN CHAMBERS ORDER) held before Judge A. Howard Matz: As in both IMS and Egilman, neither of the pleadings at issue here contains any allegation that the defendants accessed or provided access to Perfect 10's website by avoiding or bypassing technological measures designed to protect copyrighted work. As stated in IMS, "a cause of action under the DMCA does not accrue upon unauthorized and injurious access alone; rather, the DMCA `targets the circumvention of digital walls guarding copyrighted material.'"" IMS, 307 F.Supp.2d at 532 (emphasis in original). Thus, the conduct alleged in both pleadings fails to state a claim constituting "circumvention" under the DMCA. As a result, the Court GRANTS both Google's 221 and Amazon's motion. Instead of entering judgment on the pleadings, which invites procedural confusion, the Court dismisses the fourth causes of action with prejudice. (mg)

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