"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."