Prosecutors Bail on Xbox Modding Case

December 2, 2010 -

Federal Prosecutors in the nation’s first jury trial to test the anti-circumvention provisions of the 1998 Digital Millennium Copyright Act abruptly asked that the case be dismissed today. Today's news comes on the heels of a tumultuous day in Federal Court yesterday. The presiding judge berated prosecutors for a litany of holes and contradictions in the government's case. The judge's strong words caused the prosecution to take a recess to decide whether to even bother to continue. They decided to forge ahead, and watched as their first witness ruined the case.

That first witness was Tony Rosario, an undercover agent with the Entertainment Software Association, who secretly recorded the defendant Matthew Crippen modding an Xbox. Rosario paid Crippen $60 bucks for the modification. Rosario had responded to an ad Crippen put on the internet, and met him at his Anaheim house. The government was trying to prove that Crippen was violating a provision in the 1998 Digital Millennium Copyright Act by modding consoles. They also alleged that the hotel car-parking manager ran a small business from his Anaheim home.

So far so good for the prosecution, but here is where the case really unraveled, according to Wired (thanks E. Zachary Knight):

All of that had been laid out in pre-trial motions. But during his testimony, Rosario also said Crippen inserted a pirated video game into the console to verify that the hack worked. That was a new detail that helped the government meet an obligation imposed by the judge that very morning, when Gutierrez ruled that the government had to prove Crippen knew he was breaking the law by modding Xboxes.

But nowhere in Rosario’s reports or sworn declarations was it mentioned that Crippen put a pirated game into the console. Shortly before Rosario’s testimony during opening statements, defense attorney Koren Bell told jurors that there would be no evidence of that kind.

Defense attorney Callie Steele objected to the new testimony. And as court was to get underway here early Thursday, prosecutor Chiu told the judge that he first learned of Rosario’s newfound recollection days before trial. Chiu conceded he never forwarded that information to the defense.

Defense attorney Callie Steele objected to the new testimony because the information was never disclosed to the defense. The prosecution said that it had learned of these new facts on Sunday, but conceded that the information was never forwarded to the defense.

Prosecutor Allen Chiu asked that the case be dismissed because of the omission, and in the interest of "fairness and justice."

After the case was dismissed Crippen said: "It still has not hit me yet." When asked what he planned to do now that the case was behind him, Crippen added "I’m going back to school."

Crippen has a year left to earn a liberal arts degree from Cal State Fullerton. He wants to be a high school special-education and math teacher.


Comments

Re: Prosecutors Bail on Xbox Modding Case

I for one am very glad it went this way.The guy was looking at 10 years for this.I know of rapists and child molesters that do less time than that.No matter your opinion on the whole modding/piracy issue, there is no way to justify this guy spending more time in jail than a rapist.

Re: Prosecutors Bail on Xbox Modding Case

The judge tells them they are missing a component needed to argue the alleged crime and the next day a key witness "remembers" that, "oh wait, that really important key thing, it DID happen. Scouts honor". Makes me SICK. These people are corrupt, dishonest, scum bags. I hope they rot.

Re: Prosecutors Bail on Xbox Modding Case

Oh, I'm SURE the single most incriminating fact in the case just slipped his mind until right after the judge told them they had no case.

Re: Prosecutors Bail on Xbox Modding Case

The prosecutors thought that they were going to hang the guy dry, and when they saw that they were going to lose, they preferred to bail out rather than letting this sit jurisprudence.

Fairness and justice?. Hah. Like any of the MAFIAA's lawyers know what any of those two words mean.

Re: Prosecutors Bail on Xbox Modding Case

Exactly.  This way they can blame one bad witness, cut their losses, and leave it with no precedent set so that they can lie in wait for the NEXT guy to sue and make a stronger case then.

Still, it's a big win for the good guys.

Re: Prosecutors Bail on Xbox Modding Case

This video sums up the proscution pretty well

http://www.youtube.com/watch?v=jMWN-HSR-rM

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

 
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ZippyDSMleeIt would be haliarous if soemone started complaining about it in some form or another.05/27/2015 - 8:58am
E. Zachary KnightMore SJW PC crap being shoved down the throats of game designers and gamers ;) http://gamasutra.com/view/news/244376/Bloodstaineds_female_lead_Miriam_reflects_the_games_audience.php05/27/2015 - 8:43am
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ZippyDSMlee2 hours of FOTNS:KR2 and my hand still hurts 0-o05/27/2015 - 7:56am
PHX Corphttps://www.kickstarter.com/projects/iga/bloodstained-ritual-of-the-night/description apparently Bloodstained: ritual of the night will have a Wii U version(through Armature Games)05/26/2015 - 9:02pm
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ZenEnded up giving the code to Andrew so he gets to be the other guinea pig lol.05/26/2015 - 6:53pm
ZenSo...who wants to help with an experiment and get a free game for 3DS and possibly Wii U lol? Gave a friend the Wii u OlliOlli code from the Humble Bundle and it gave him the 3DS one too. Still have a 3DS code which may give a Wii U version too.05/26/2015 - 4:35pm
Zenjust wish they had been as open about development as they were with X1 and PS4. All we got were interviews saying everything was great and then this lol.05/26/2015 - 4:14pm
ZenYeah, he brought it up again as time went on and stated it was not to be taken seriously. And I am in NO way defending people who are acting like...well....the not so nice way to say "butts". And I don't personally think they haven't worked on the game, I05/26/2015 - 4:12pm
Andrew EisenSo I can see why Bell would be ultra defensive and snippety. But, again, still not an advisable thing to say.05/26/2015 - 3:57pm
Andrew Eisennot to mention horrifically insulting.05/26/2015 - 3:56pm
Andrew EisenAgreed, even out of frustration, not an advisable thing to post. As for the rest, sounds like it thought its tweeks and optimizations would work. The idea that it was stringing everyone along and not actually working on it is nearly nonsensical...05/26/2015 - 3:55pm
Zenand looking great...yet refused to even show a single screen shot while touting their open development on X1 and PS4. People are now asking if they even worked on the game or if it was dropped in the beginning & they were keeping up appearances instead.05/26/2015 - 3:53pm
ZenI understand that, but making a blanket statement to cover an entire market like that will do nothing more than push consumers away or alienate a group. Other issues stem from the interviews and public announcements they made stating the game is running05/26/2015 - 3:52pm
 

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