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The first ever case about Xbox criminal hacking had an unexpected turn yesterday when the federal judge presiding over the case attacked the prosecutors with a thirty minute tirade. Matthew Crippen, the defendant in the case, has been charged with two counts of violating the anti-circumvention provisions of the Digital Millennium Copyright Act. If convicted, he could possibly face a maximum of five years in prison. However, U.S. District Judge Philip Gutierrez shifted the focus from Crippen to the prosecution, attacking them on a number of offenses. Gutierrez was particularly angry that a pair of witnesses for the prosecution were likely guilty of breaking the law. Entertainment Software Association investigator Tony Rosario apparently videotaped Crippen at home modding the console, possibly violating privacy laws, while Microsoft security employee Ken McGrail admitting to modding consoles while in college.  After berating the prosecution, Allen Chui, who leads the prosecution, apologized, and the trial was placed in recess. Needless to say, the results of this case will have far-reaching implication for modding in the gaming community. More on this as it develops. |