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: software association
According to new figures from the Entertainment Software Association, 68 percent of American households play video games, an increase of just over 3 percent from 2008.
The report, presented at the E3 Expo, also added that “home console ownership” moved to 42 percent.
Adult gamers have been playing video games for, on average, 12 years, which actually fell year-on-year from 13, suggesting there is an increasing amount of new gamers. The average age of gamers now stands at 35 years old.
“This is the new golden age of entertainment software. Our products are now being enjoyed by over two-thirds of Americans,” added Michael Gallagher, CEO of the ESA. “As the findings of the 2009 Essential Facts illustrate, more and more Americans across all demographics are now embracing the interactive entertainment experience that computer and videogames provide.”
In terms of parental controls, 77 percent of parents said they believed current controls were “useful” and 92 percent said they were with their kids while they played games.
Result for: software association
The United States has added Canada to its piracy Priority Watch List, calling the nation one of the worst “offenders of copyright piracy.”
Adds the US Trade Representatives (USTR): “In this time of economic uncertainty, we need to redouble our efforts to work with all of our trading partners - even our closest allies and neighbors such as Canada - to enhance protection and enforcement of intellectual property rights.”
ESA (Entertainment Software Association) of Canada CEO Michael Gallagher approved of the move adding: “Canada’s weak laws and enforcement practicies foster game piracy in the Canadian market and pave the way for unlawful imports into the US.”
The ESA believes Canada need to strengthen its lax rules on piracy, ban mod chips completely, “provide Customs officials with the authority to seize counterfeit products on the Canadian border” and create “incentives” for ISPs to stop piracy at its source.
“Canada contributes significantly to the development of today’s leading games - creating thousands of high-paying jobs along the way,” Gallagher added. “We are eager to see Canada become a full partner in protecting these products on the way to market.”
The other nations on the Priority Watch List are Argentina, Chile, China, India, Israel, Pakistan, Russia, Thailand, Venezuela, Algeria and Indonesia.
