Most state lottos describe their product as a 'game' and by the common definition, games can be won if you know how to play them. Also, it's illegal in many sta

Most state lottos describe their product as a 'game' and by the common definition, games can be won if you know how to play them. Also, it's illegal in many states to operate a gambling establishment -- therefore we can assume that gambling is harmful to society. Given those definitions, these guys can defend themselves by saying (a) I was playing the game, (b) the mere fact that I turned a gamble into a sure win isn't evidence of ill intent -- as we all know, gambling is immoral, and (c) this use was not proscribed by the instructions. I wouldn't be surprised if there are rules against playing the lotto at your own store; that would be a contractual breach requiring the merchants to return their winnings. You can stretch that contractual breach to claim 'unauthorized use' for a CFAA charge, though if you lose it sets a tough precedent that hurts other CFAA prosecutions. But the mere act of using the machine in an alternative (but not prohibited) way isn't a crime.