Am I missing something or did Medjedovic simply use unforeseen actions in the implementation of the contract as arbitrage and did not have an agreement to not a

Am I missing something or did Medjedovic simply use unforeseen actions in the implementation of the contract as arbitrage and did not have an agreement to not attempt such actions? Do not see any 'unauthorised access' in that case i.e not the classic definition of 'computer hacking'. However if the case does end up progressing I do wonder what form a defense will take.