Linked by davidiwharper on Fri 3rd Dec 2010 18:29 UTC
Legal "Federal authorities in the first-of-its-kind game-console-modding criminal trial abruptly dropped their prosecution Thursday, "based on fairness and justice." Following procedural rulings made by the presiding judge in the aftermath of his 30-minute tirade yesterday, it emerged that a key witness, an employee of the Entertainment Software Alliance, had provided a pirated game to the defendant during the course of his investigation. As this detail had been known to the government for almost a week but had been withheld from the defense, prosecutors had no choice but to move for a dismissal."
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RE: Hmmm
by davidiwharper on Sat 4th Dec 2010 00:09 UTC in reply to "Hmmm"
davidiwharper
Member since:
2006-01-01

Wonder how they knew the game was pirated and not a backup?


The ESA investigator deliberately took a pirated game to the defendant's house, so that he could test whether the modding worked. In doing so, he broke the same law that the defendant was charged under (the DMCA).

Actually this is one of the reasons why the judge went all Rambo on the government the day before the dismissal. Both the ESA witness and another witness from Microsoft openly admitted to wilfully breaking the DMCA, yet here they were testifying against someone else for doing the same thing. (The Microsoft employee admitted to having modded Xboxes himself when he was at college.)

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