Xbox Modding Trial Off To A Rocky Start

Posted: Dec 2 2010, 6:12pm CST | by , in Gaming


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Xbox Modding Trial Off To A Rocky Start

Judge makes prosecution look incompetent

Prosecutors may have been cocky going into the courtroom today in the landmark trial against a man who modded Xbox 360s for money, but the judge handed them a hefty dose of reality and now may have created a profound change in the future of the case.

And remember, the prosecution in this case is the government.

It's the case of Matthew Crippen, who would install modded chips into Xbox 360 systems for a fee. He has been charged with violating the Digital Millennium Copyright Act (DMCA), which makes it illegal to override copy-protection systems in consumer electronics.

US District Judge Philip Gutierrez totally ripped into prosecutors, saying claims they made are directly opposed to what is written in the law, noted that at least half of the government's witnesses engaged in potentially unlawful conduct related to the case, and then slammed them for not realizing how serious he was being.

Here's a rundown of what, specifically, Gutierrez was unhappy with:

- A key piece of evidence, a video recording of Crippen modding an Xbox, may be in violation of privacy law
- Prosecutors had kept some evidence inaccessible to Crippen's legal team
- Lead prosecutor Allen Chiu told the jury Crippen could be found guilty even if he didn't realize what he was doing was illegal. The wording of the DMCA, however, is very different.
- There has been no offer of a plea deal, or "middle ground," to the defendant

And we're just into the first 30 minutes of the trial, people.

After the judge's fuming, Chiu mustered up an apology, saying, "I apologize to the court." Prosecutors asked for a recess to decide if they will even continue on with the case, or offer some sort of deal to Crippen.

It all highlights just how important this case is, and that there has never been any other trial like it before. Gutierrez himself made a mistake on the bench. Before the trial was officially underway, he said it was okay for the defense to argue "Fair Use" as a defense. He then backtracked and said a DMCA case was not eligible for such a defense, but then yesterday sort of said it should be.

Reportedly, other lawyers got wind of the judicial beatdown Gutierrez was laying down to the prosecution, causing dozens of spectators to peek in and watch the proceedings before the recess was called.

Via Wired

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The Author

<a href="/latest_stories/all/all/6" rel="author">Mark Raby</a>
Based in New York City, Mark follows the consumer electronics industry like a hawk. A published book author, he has a particular affinity for 3D technology and video games, and as such will surely be in the market for a new pair of glasses soon. Mark can be contacted directly at




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