Linked by Thom Holwerda on Thu 2nd Dec 2010 22:40 UTC, submitted by jbicha
Legal 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". "I really don't understand what we’re doing here," US District Judge Philip Gutierrez roared from the bench. Gutierrez slammed the prosecution over everything from alleged unlawful behavior by government witnesses, to proposed jury instructions harmful to the defense.
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Score one for judicial independence
by davidiwharper on Fri 3rd Dec 2010 00:45 UTC
davidiwharper
Member since:
2006-01-01

I am impressed. This judge seems to have picked up on the ridiculous nature of the case put forward by Microsoft and the US government. He even backtracked on his earlier ruling that the "fair use" defense could not be used.

My favourite quote:

"... word of the unusual judicial rebuke spread through the courthouse, drawing a trickle of about a dozen prosecutors and defense attorneys into the courtroom to watch from the gallery."

Reply Score: 2

vodoomoth Member since:
2010-03-30

My favorite from the linked article:

"The only way to be able to play copied games is to circumvent the technology," Gutierrez said. "How about backup games and the homebrewed?"

But the most hilarious was:
"The first prosecution 12 years later, and you’re suggesting a mens rea that is akin to exactly contrary to the IP manual: that ignorance of the law is no excuse?" the judge barked.

"You didn’t even propose a middle ground," Gutierrez continued. "What’s getting me more riled, it seems to me I cannot communicate the severity to you of what’s going on here."

Reply Score: 4

RE: And the case is toast
by WorknMan on Fri 3rd Dec 2010 01:10 UTC in reply to "And the case is toast"
WorknMan Member since:
2005-11-13

LOL, I wonder if he really did test with a pirated game and made that fact known to the under cover investigator. If so, he should've just put a sign on his forehead that said 'ARREST ME NOW'.

Reply Score: 2

RE[2]: And the case is toast
by atsureki on Fri 3rd Dec 2010 14:22 UTC in reply to "RE: And the case is toast"
atsureki Member since:
2006-03-12

But the burden of proof would still be on the prosecutors. Even if he did stick a DVD-R in there, which almost certainly didn't happen or it would have come up earlier, they'd have to prove he didn't have a commercial copy of that game anywhere on his property. If he did, it's a backup, not a bootleg.

Reply Score: 2

Comment by Luminair
by Luminair on Fri 3rd Dec 2010 01:47 UTC
Luminair
Member since:
2007-03-30

so wait, did a judge get angry at government serving business not justice

Reply Score: 5