News Update: Dismissed case against Xbox modder Matthew Crippen

[ADenver]

Down with the DMCA

[ken_oh]

woow.. a hacker/modder "clear from all charges" don't usually hear that

[Ex-Cyber]

modding is legal as long as you're not providing illegal materials (like retail games on DVD-R)

(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that—
(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.

Judges' interpretations vary with regard to the scope of this prohibition, but nowhere in this chapter does it say that it applies only in the presence of copyright-infringing activities.

[jack44556677]

Judges' interpretations vary with regard to the scope of this prohibition, but nowhere in this chapter does it say that it applies only in the presence of copyright-infringing activities.

We are all in a lot of trouble. Judges are deciding things without law. Its justice by arbitration out there, and its getting worse every day. We, like the judges, are too poor to stand up for justice and so sacrifice it for minor personal gain. The alarm is ringing. Crippen got lucky, we have to unify to fight this head on. It's not over yet.

[jayjayusa]

Prosecution dropped the case on purpose. They knew the defense had a better case and didn't want to lose anything.

[jack44556677]

Prosecution dropped the case on purpose. They knew the defense had a better case and didn't want to lose anything.

Had they lost here it could have set a trend of precedent of Judges ruling against the dmca in favor of the citizens because it had been done in a prior court case. They should not be permitted to drop their case. Or at the very least should be counter-sued for wrongful accusation and prosecution, public defamation (hurt his small business), slander etc. Evil triumphs when good men don't stand up against what they know is wrong. This bullying from our fascist nation is only going to intensify. I guess the only reason Crippen wouldn't follow his legal options to their fullest end is lack of funds or perhaps even guilt, i.e. installing pirated games etc for profit.

[thebobinc]

wow this is something nice for this guy , is there not a law in USA that you cannot be charge twice for the same crime if so this guy can now Add himself legaly loll

[Bishoff]

wow this is something nice for this guy , is there not a law in USA that you cannot be charge twice for the same crime if so this guy can now Add himself legaly loll

correct, it's called Double Jeopardy

This is actually great news for this guy of course, and for the community.

[AngryGir]

correct, it's called Double Jeopardy

This is actually great news for this guy of course, and for the community.

Double Jeopardy is not immunity from the same offense. For example you disapear and I am charged with your murder. In following case I am found not guilty of murdering you. After the trial I can shout, "I did it!" and walk a free man (technicalities notwithstanding). It does not give me carte blanche protection from murder charges in the future on others, just on your case. It was created to protect the individual from repeated and harrassing charges. Otherwise the state could just charge and arrest you on whim. But I am not sure this even applies as he was not found innocent, rather the charges were dropped against him. But even if it is, then it is just immunity from the xbox or xbox's he was previously charged with modding.

[Jay-Jay]

He was lucky that it was a technicality against the prosecutors. I wonder if he will continue modding XBOXs? lol

What I would have liked to learn if modding your own gear is illegal or not?