Xbox modding may be Fair Use

madasahat · Nov 11, 2010

Xbox modding may be Fair Use, rules judge
>> From gamesradar.com:

Great news for anyone who likes tampering with their game consoles came out of a federal court today. The judge in a high-profile Xbox modding case has allowed use of the argument that altering the device in your own home fits into the long-defined Fair Use legal doctrine.

28-year-old Anaheim, California resident Matthew Crippen found himself in hot water when prosecutors brought charges against him for charging to mod Xbox 360s.

Lead prosecutor Allen Chiu argued that any sort of evidence or arguments citing Fair Use are irrelevant to the case, will be used to wrongly achieve a "not guilty" sentence from the jury despite the evidence, and should not be admitted. The judge didn't agree, saying, "Because fair use is a mixed question of law and fact, it is a permissible question for the jury."
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Full Story: gamesradar.com

Bullet · Nov 11, 2010

Its a grey area mate, i dont think unless your an organised business theres an awful lot they can do.

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