Federal authorities in the first-of-its-kind game-console–modding criminal trial abruptly dropped their prosecution here Thursday, “based on fairness and justice.” “The government has decided to dismiss the indictment,” prosecutor Allen Chiu told the judge shortly before the jury was to be seated on the third day of trial.
It was the nation’s first jury trial to test the anti-circumvention provisions of the 1998 Digital Millennium Copyright Act as applied to game consoles. The law makes it a crime to offer a product or service that circumvents a technological measure designed to protect copyright material. Each of the two charges carried a maximum five years.
And it’s over, we think if it had continued he would have been acquitted. We think the gov was worried about losing this now high-profile case.