matthew crippen
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Accused Xbox 360 modder finds case pleasantly dismissed
The case of 28-year old CSU student Matthew Crippen has come and gone. Arrested last year on Digital Millennium Copyright Act violations -- specifically, for modding Xbox 360s to enable them to play pirated games -- federal prosecutor Allen Chiu announced on the third day of trial that the government was dropping its case against him "based on fairness and justice." It's not a complete surprise: according to Wired, on the previous day (Wednesday), an undercover agent testifying against Crippen claimed the defendant used a pirated game to test a modded console in his presence. That detail, required for the prosecution's case (the use of pirated software), was never mentioned in any of the previous reports or sworn declarations, so once the judge dismissed it as evidence, the case against Crippen hit a snag. Source link's got the full, very interesting tale, but if you're patient, there's always a chance one of the Law and Orders will pick up the story in the years to come.
Xbox-modder trial underway, no plea bargain offered [update: case dismissed!]
The landmark jury trial of Matthew Crippen, indicted on two federal counts last fall for running a side-business in which he modded Xbox 360s at his home, began yesterday with opening statements in a Los Angeles court. Wired's colorful report of U.S. District Judge Philip Gutierrez's colorful reaction to the prosecution's case suggested that the government could be headed toward a deal with Crippen during an early-afternoon recess. "I really don't understand what we're doing here," Gutierrez apparently "roared," as he ripped into the prosecution. The judge questioned government prosecutors' use of two witnesses who may have broken the law themselves and prosecutors' instructions to the jury that it was unnecessary to prove Crippen had knowingly breached the Digital Millennium Copyright Act. The judge apparently backtracked on an earlier ruling that had prohibited a "fair use" defense (i.e., modding for back-up or homebrew purposes). "The only way to be able to play copied games is to circumvent the technology," Gutierrez said. "How about back-up games and the homebrewed?" However, prosecutors returned from recess yesterday determined to convict Crippen, 28, on two counts of violating the DMCA (for a maximum sentence of ten years) by proving he knew he was breaking the law. ESA investigator Tony Rosario was called to the stand to recount how he had visited Crippen's Anaheim, Calif. home in 2008 and paid the defendant $60 to mod an Xbox 360. Rosario secretly videotaped the procedure -- which the defense argues is a violation of the state's privacy law -- though he did not capture video evidence of Crippen allegedly playing a pirated game on the modded console (nor did he include this supposed fact in his original report or sworn declarations). Still, the prosecution offered up a pile of a 150 pirated games, apparently seized by authorities from Crippen's home, which it hoped would show jurors that the defendant had a clear understanding that he was involved in illegal activity. Rosario is expected to return to the stand today, followed by two additional prosecution witnesses: a federal agent, who also allegedly paid Crippen to mod a 360, and a Microsoft employee, a so-called expert on Xbox security (and self-admitted modder in his younger days). The defense is scheduled to begin its case tomorrow. Follow the drama on Wired's Threat Level blog. Update: Prosecutors dismissed their case today, Wired reports, saying their decision was "based on fairness and justice" (read: they made errors). "It still has not hit me yet," Crippen said outside of the courtroom. [Pictured: Matthew Crippen; photo credit: David Kravets/Wired.com]
Console hacker arrested, faces up to ten years in jail
Just when you thought it was safe to get out your soldering irons, Immigration and Customs Enforcement wants you to know that its agents are still out there, on the lookout for for even more mod chip-wielding nogoodniks and their non-DMCA compliant consoles. According to the AP, a 27-year-old CSU student named Matthew Crippen was recently arrested for "modifying Xbox, PlayStation and Wii consoles in violation of the Digital Millennium Copyright Act" and released Monday on $5,000 bond. The dime was dropped on this perp by the Entertainment Software Association, and the raid conducted by Customs agents sometime in May. He will be arraigned on August 10th, and if convicted, he faces up to 10 years in prison. Let this be a lesson to you: while the ICE may have its hands full with human slavery, drug trafficking, transnational gangs, and stolen artifacts, there is always time to make an example out of a man that knows his way around the inside of a Playstation.
