The issue focused on illegal copyright infringement that occurs during legitimate digital transactions. Law enforcement agencies saw criminal prosecutions as more effective than prosecution for unlawful downloading of copyrighted content. But Judge Brett Kavanaugh observed that prosecutors must prove criminal intent by proving illegal possession or distribution of copyright material. In court documents, attorneys argued that defendant illegally downloaded legal copyright materials while legally exercising rights under federal law. The lawsuit seeks damages for statutory damages and attorney fees.

Among other plaintiffs are lawyers Michael Barnes and Michelle Cuesta from Judicial Watch. Lawyers