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The Courts XBox (Games) Games

Xbox Modding Trial Dismissed 179

Posted by Soulskill
from the game-over dept.
It seems the harsh words from District Court Judge Philip Gutierrez on Wednesday had their intended effect; prosecutors in Matthew Crippen's Xbox modding case have now dismissed the indictment. Quoting Wired: "Witness No. 1, Tony Rosario, was an undercover agent with the Entertainment Software Association. He told jurors Wednesday that he paid Crippen $60 in 2008 to modify an Xbox, and secretly videotaped the operation. Rosario had responded to Crippen’s advertisement on the internet and met Crippen at his Anaheim house. All of that had been laid out in pretrial 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. ... [Prosecutor Allen Chiu] conceded he never forwarded that information to the defense."
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Xbox Modding Trial Dismissed

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  • Re:My question is (Score:5, Interesting)

    by DreamMaster (175517) on Friday December 03, 2010 @01:56AM (#34428070) Homepage

    Don't they have bigger issues/bad guys to take care of than some college student POSSIBLY playing PIRATED VIDEO GAMES?
    Drugs, gangs, violence, terrorism, rape, murders...need I go on?
      last time I checked the courts and jails were rather full...

    Reminds me of the Simpsons X-Files episode:
    Mulder: There's been another unsubstantiated UFO sighting in the Heartland of America. We've gotta get there right away.
    Scully: Well... gee, Mulder, there's also this report of a shipment of drugs and illegal weapons coming into New Jersey tonight.
    Mulder: [scoffs] I hardly think the FBI is concerned with matters like that.

    ---
    DreamMaster.

  • by hairyfeet (841228) <bassbeast1968 AT gmail DOT com> on Friday December 03, 2010 @05:16AM (#34428802) Journal

    Backups for one. If you have kids you know that handling original discs is a BIG no no, and one of the reason why my customers have been sticking with DVD over Blu Ray. It really isn't hard for the average Joe to pick up how to make a copy with something like AnyDVD, and keeping the originals FAR away from little Johnny is a really really good idea. in fact one of the hot sellers with my customers is those little no name "media tanks" that allow them to just rip the movies onto a flash or HDD and not have to worry about discs being scattered or little Suzy crying because her favorite Dora got messed up and skips.

    And since you are allowed under DMCA under Fair Use to make a single copy of any media you own for backup purposes that really should frankly be enough. Having the right to make a backup really doesn't do you any good if you can't actually use the backup for anything, right? And I can tell you after moving three times in four years having my PC games backed up has saved my butt more than once when an original disc got trashed in the move. It would be different if it was like Good Old Games or Steam where you can just redownload any game you own with NO hassle, but ATM you get a scratch you're boned friend.

  • by commodore64_love (1445365) on Friday December 03, 2010 @08:04AM (#34429388) Journal

    >>>the prosecutor did the right thing

    Unlikely. I suspect this is the backroom conversation that went on:
    PROSECUTOR: "We need to drop this case like a hot potato. We're going to lose and don't want that precedent."
    ESASPY: "How?"
    PRO: "Tell them you inserted a pirated CD into the Xbox. I can then argue that new information was not shared w/ the defense and serve motion to dismiss this lousy case."
    SPY: "But that's a lie. I never put a CD into the modded console."
    PRO: "You're point?"

  • by TheLink (130905) on Friday December 03, 2010 @08:47AM (#34429546) Journal

    I bet the fishermen and bakers weren't too happy about it either.

    Perhaps, but I believe a few fishermen were actually helping to give out the free food.

"Whoever undertakes to set himself up as a judge of Truth and Knowledge is shipwrecked by the laughter of the gods." -- Albert Einstein

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