A judge for the U.S. District Court for the Eastern District of Pennsylvania has ruled that allegations that a former chief technology officer sabotaged a planned merger by sending information stored securely on executives’ computers to potential suitors did not bring into play the protections of the federal Computer Fraud and Abuse Act.

A damage claim under the act is viable only if a plaintiff can show it has suffered losses related to the functionality of its computers or computer system, U.S. District Court Judge Robert F. Kelly said in Sealord Holdings Inc. v. Radler.