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USA v. Crippen � A Retrospective

Dec 06, 2010, 22:32 (0 Talkback[s])

"Some readers may be aware that I was called upon to perform as an expert witness in a landmark case, USA v. Crippen, where for the first time an individual, Mr. Crippen, was charged with an alleged violation of the criminal portion of the DMCA statute. There have been numerous civil cases over the same statute, but this is the first time that a felony conviction could result from a court case.

"As reported by numerous sources, the case was dismissed after the first witness' testimony. This would be as if two armies brought all their artillery and troops to a border, fired a single shot, and then one side surrendered, realizing that there is no point incurring casualties for a war they cannot win. And thanks to double-jeopardy provision of the US constitution, Mr. Crippen cannot be tried again, since a jury was assembled for his trial. It is a remarkable victory for Mr. Crippen's defense: as Sun Tzu said in The Art of War, "The best victory is when the opponent surrenders of its own accord before there are any actual hostilities"."

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