Yesterday we reported that the jury trial for the case of Matthew Crippen had been delayed, after the presiding judge took 30 minutes to lecture the prosecution.
Today, the prosecution has dismissed the case, after just hours, “based on fairness and justice.”
Prosecutor Allen Chiu says: “The government has decided to dismiss the indictment.”
Crippen was on trial for allegedly modding Xbox 360 consoles to be able to play pirated games and homebrew.
U.S. District Judge Philip Gutierrez started the trial off yesterday with a 30-minute rant complaining about the prosecution and the government’s case, with his main concerns being the prosecution’s “star” witnesses.
The two witnesses in the case had both potentially broken the law, making them less credible. The first,Entertainment Software Association investigator Tony Rosario, had video of Crippen modding consoles in his home in L.A. Those videos, however, were taped secretly, in violation of California’s strict privacy laws.
Microsoft security employee Ken McGrail was the second witness, the man who analyzed the consoles that were seized from Crippen’s home. McGrail, however, had admitted under oath to modifying the original Xbox and the Xbox 360 back when he was in college.
Crippen was charged with two counts of breaking the anti-circumvention provisions of the DMCA and faced up to 10 years in prison.
The 28-year-old says he will finally be able to go back to school, needing just one more year to get his degree from Cal State Fullerton.
Result for: provisions
RIAA President Cary Sherman recently posted a statement responding to last week’s summary judgement in the Viacom lawsuit against YouTube decrying the decision as a “dangerously expansive reading of the liability immunity provisions of the DMCA.” He also called it “bad public policy.”
He went on to claim the decision will “will actually discourage service providers from taking steps to minimize the illegal exchange of copyrighted works on their sites.”
This is nothing surprising coming from the RIAA. Like the MPAA and Business Software Alliance (BSA), they have consistently argued service providers should be responsibile for identifying copyright infringement rather than the content owners themselves.
But as Judge Louis Stanton pointed out in his decision on YouTube’s DMCA defense, this responsibility falls solely on the shoulders of the content owners except in rare cases where the infringement is obvious without any investigation.
He wrote, “The DMCA is explicit: it shall not be construed to condition “safe harbor” protection on “a service provider monitoring its service or affirmatively seeding facts indicating infringing activity.””
Judge Stanton went on to explain, “the present case shows that the DMCA notification regime works efficiently,” pointing out that it took less than a single business day for YouTube to remove nearly 100,000 videos once they received Viacom’s takedown notices.
[More]>>
Result for: provisions
RIAA President Cary Sherman recently posted a statement responding to last week’s summary judgement in the Viacom lawsuit against YouTube decrying the decision as a “dangerously expansive reading of the liability immunity provisions of the DMCA.” He also called it “bad public policy.”
He went on to claim the decision will “will actually discourage service providers from taking steps to minimize the illegal exchange of copyrighted works on their sites.”
This is nothing surprising coming from the RIAA. Like the MPAA and Business Software Alliance (BSA), they have consistently argued service providers should be responsibile for identifying copyright infringement rather than the content owners themselves.
But as Judge Louis Stanton pointed out in his decision on YouTube’s DMCA defense, this responsibility falls solely on the shoulders of the content owners except in rare cases where the infringement is obvious without any investigation.
He wrote, “The DMCA is explicit: it shall not be construed to condition “safe harbor” protection on “a service provider monitoring its service or affirmatively seeding facts indicating infringing activity.””
Judge Stanton went on to explain, “the present case shows that the DMCA notification regime works efficiently,” pointing out that it took less than a single business day for YouTube to remove nearly 100,000 videos once they received Viacom’s takedown notices.
[More]>>
