Black and white or various shades of grey?
I always thought the Computer Misuse Act was pretty clear - if you had no legal reason to access something on a computer, it would be illegal for you to do so. It's like a speed limit - either you stick at or below the limit and within the law, or you break the limit and the law.
How long until we see prosecutions for speeding thrown out because the driver was only above the limit for 9 minutes?
Maybe the judge who made this somewhat misguided decision should reconsider the precedent he is setting?