wraggster
November 13th, 2010, 01:17
Great news for anyone who likes tampering with their game consoles came out of a federal court today. The judge in a high-profile Xbox modding case has allowed use of the argument that altering the device in your own home fits into the long-defined Fair Use legal doctrine.
28-year-old Anaheim, California resident Matthew Crippen found himself in hot water when prosecutors brought charges against him for charging to mod Xbox 360s.
Lead prosecutor Allen Chiu argued that any sort of evidence or arguments citing Fair Use are irrelevant to the case, will be used to wrongly achieve a "not guilty" sentence from the jury despite the evidence, and should not be admitted. The judge didn't agree, saying, "Because fair use is a mixed question of law and fact, it is a permissible question for the jury."
http://www.gamesradar.com/xbox360/xbox-360/news/xbox-modding-may-be-fair-use-rules-judge/a-20101110175529935053/g-20060321132945404017
28-year-old Anaheim, California resident Matthew Crippen found himself in hot water when prosecutors brought charges against him for charging to mod Xbox 360s.
Lead prosecutor Allen Chiu argued that any sort of evidence or arguments citing Fair Use are irrelevant to the case, will be used to wrongly achieve a "not guilty" sentence from the jury despite the evidence, and should not be admitted. The judge didn't agree, saying, "Because fair use is a mixed question of law and fact, it is a permissible question for the jury."
http://www.gamesradar.com/xbox360/xbox-360/news/xbox-modding-may-be-fair-use-rules-judge/a-20101110175529935053/g-20060321132945404017