Judge Berates Prosecutors In Xbox Modding Trial 285
mrbongo writes with this excerpt from Wired:
"Opening statements in the first-of-its-kind Xbox 360 criminal hacking trial were delayed here Wednesday after a federal judge unleashed a 30-minute tirade at prosecutors in open court, saying he had 'serious concerns about the government's case.' ... Gutierrez slammed the prosecution over everything from alleged unlawful behavior by government witnesses, to proposed jury instructions harmful to the defense. When the verbal assault finally subsided, federal prosecutors asked for a recess to determine whether they would offer the defendant a deal, dismiss or move forward with the case that was slated to become the first jury trial of its type. A jury was seated Tuesday."
Danger Will Robinson (Score:5, Interesting)
Often the side that gets the most serious sledging is the one that the judge thinks is likely to win, because he wants to make sure that he has addressed any points that could be appealed.
Common - Judges often have issues with these cases (Score:5, Interesting)
Having been prosectued under the NET act and DMCA the judge in our cases expressed conserns as well. While the goverment had a better case, the judge felt this was closer to a civil case then a criminal a case, and went on to explain the futher education is required by the goverment of what this legislation means for the average person. In the end I plead guilty, as we were one of the first cases to go and had no money for a real attorney, plus probation is much better then 3-5 years in jail.
I think the goverment should prosecute in severe cases where monterary gain or where there is conterfit good involved. But for modders of an Xbox, that is like prosecuting a mechnanic for installing upgrades to your car. At best a Civil case, at worst a waste of federal tax payers dollars and judicial resources
Re:Logic (Score:3, Interesting)
Actually, a better argument is modding a boiler so you don't have to buy a particular gas companies gas, but now can use 'homebrew' gas.
Moonshine (Score:5, Interesting)
The modded XBox will be used almost exclusively to run stolen software. I don't believe you can say the same thing about vehicle customization.
O RLY?
From A Brief History of Nascar From Moonshine Runners to Dale Earnhardt Jr. [cio.com]: "Its roots go back to Prohibition when runners—people who delivered moonshine, a home-brewed whiskey distilled from corn, potatoes or anything that would ferment—souped up their cars so they could give the slip to the federal tax agents determined to bust them.
Its always been "assumed" mod chips are illegal (Score:3, Interesting)
Im surprised the defense hasnt considered a "substantial non-infringing uses" defense. For instance playing backup disks and homebrew. The well known issue of scratched disks, and the desire for interoperability with non-microsoft approved software. This is separate from "fair use" in that the illegality of the mod chip itself is challenged.
Re: No Rage Allowed (Score:4, Interesting)
She's got no issues with berating people in her courtroom whether they be plaintiff, defendant or some random member of the audience. Granted, her show is dramatized for daytime tv ratings purposes. However, she was given the show because of her outspoken nature.
Whether you like it or not, when you step into a courtroom you're in the judge's domain. S/he has rule, and if you are wasting time I'd let you know about it too.