[Update:] After 3 days in trial, the case against Matthew Crippen has been dismissed based on 'fairness and justice'. It seems that the undercover agents discovery of Crippen's pirating scheme was never reported before the trial. In simple terms, with that evidence thrown out, the prosecutors had no case, and had to dismiss their case.

Running a secret Xbox 360 modifying business in your basement? Charging 80 dollars to open up that sweet box of technological coolness to let people play games for free? Well, your local California lawman isn't gonna let that happen. It seems that Matthew Crippen was doing the above things, and got caught by an undercover agent. Now, trial began yesterday and he did not begin on the right foot.

• Crippen could bot argue 'fair use', as the Digital Millennium Copyright Act does not mention it.
• Crippen's defense wanted to use the above defense to compare Xbox 360's to jail breaking an iPhone, something which is no longer illegal.
• There might also be video evidence of Crippen performing the modifying.

On the plus side, legendary hacker Andrew Huang, who was the first to hack the original Xbox, will testify on his behalf, and plans to prove that Crippen did not technically violate the DMCA.

Should Matthew be successfully charged and prosecuted with these charges, he faces 3 years in prison.