After Legalities, Trial Against Xbox 360 Modder Goes Ahead

Judge issued a delay, government gave green light.

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After Legalities, Trial Against Xbox 360 Modder Goes Ahead
The prosecution of a U.S.-based modder was given the go-ahead to proceed yesterday, after a significant delay over concerns there was not enough substantial evidence to convict him.

28-year-old parking attendant Matthew Crippen was arrested in 2009 when he was caught selling and installing modification chips for Xbox 360 consoles. Opening statements from the prosecution were heard, but U.S. District Court Judge Philip Gutierrez held some contention.

One such issue concerned the prosecution stating that Crippen didn't need to be aware he was breaking the law in modding consoles to be found guilty. Such a claim would result in a direct contradiction of the Digital Millennium Copyright Act IP crimes manual published in 1998.

The judge also changed his thoughts regarding a prior statement made, and so called a recess for the government to consider the evidence it had to follow through with the case. Federal authorities came back and gave the first-of-its-kind trial the green light. Prosecutor Allen Chiu told the judge that the government "believes it has the evidence to prove each and every element beyond a reasonable doubt."

The challenge issued by the judge is for the government to now prove that Crippen knew he was breaking the law.

The defence is believed to state its case on Friday.

Source: Wired
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