Prosecution Dissmisses Case against Crippin [Xbox Modder]

Matthew Crippen, who was facing the possibility of 10 years in prison for modding and selling Xbox360’s [which was being argued that it broke the Millennium Copyright Act],  has been dismissed of all charges alleged against him.   The reason being in the interest of fairness and justice [Read:  The prosecution made several CRIPPLING errors in their charges/assumptions/case direction].

Although the case wasn’t in the prosecution’s court in the first place.  District Judge Philip Gutierrez apparently made some very unique remarks in regards to the case, many of which any logical person/gamer would ask.  “I really don’t understand what we’re doing here…”

Guiterrez also threw out a prior ruling [stating that Fair Use was not a legitimate defense in the case of homebrewing and/or modding], stating that the rights of individuals to own backup copies of their software can only be accessed by modding the hardware.  “The only way to be able to play copied games is to circumvent the technology,” Gutierrez said.

The prosecution also secretly videotaped Crippin involved in a transaction which he received money for modding an XBox.  However, such acts is a clear violation of the State Privacy Laws [or at least the Defense argues].

That being said, the Prosecution [apparently] had nearly 150 pirated video games to show the court as a means of showing that Crippen knew his was breaking the law.

Source:  Joystiq

2 thoughts on “Prosecution Dissmisses Case against Crippin [Xbox Modder]”

  1. I can’t say that Justice was served in this case, seeing as I don’t fully understand all the legalese behind the case, but I can say that Due Process and Civil Liberties were served. I’ve been keeping an eye on this case in so far as my news widgit cept loading this under “Technology” and it seems to me that the prosecution was so bent on making an example of this guy that they utterly failed to follow their own rules. So good on the judge for standing against that.

    Now to build a legit case and try this again. And before anyone says it, I looked it up. Dismissing charges for reasons unrelated to factual guilt or innosence does not invoke Double Jeopardy. If he keeps modding and selling, they can gather new evidence legitimately and try him again.

  2. The only thing he’s doing wrong (assuming all he is doing is modding the system) is breaking the user agreement, but that’s on the owner of the system, not him. However, to my knowledge, there’s no user agreement involved with anything video game related that is legitimate enough itself to hold up in court. Just as a for example, all Nintendo user agreements say something along the lines of you will waive the right to a legal back up, but no court will ever honor that. In this case, it might even depend on whether its just a software mod (such as with the PSP or Wii) or if it’s an actual hardware mod for someone to say he even violated the user agreement to begin with.

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