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.
Thread beginning with comment 452027
To read all comments associated with this story, please click here.
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 Parent Score: 4