No Deal in Xbox Modding Case, Trial Begins

"Federal authorities in the first-of-its-kind Xbox modding trial opened their prosecution here Wednesday, hours after the judge called a recess to give the government time to reach a plea deal or dismiss the case.

"The government decided to forge ahead in the landmark trial after U.S. District Judge Philip Gutierrez gave the government a little breathing room on the standard of proof required to convict defendant Matthew Crippen on two counts of breaching the Digital Millennium Copyright Act.

"The 28-year-old Southern California man is accused of modding Xboxes — a hack circumventing technological measures designed to block pirated or unauthorized games from being played. It is the first such jury trial of its kind. Each of the two charges carries a maximum five years."

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