Xbox-Modding Judge Berates Prosecution, Puts Trial on Hold | Threat Level | Wired.com

W. S. Gilbert's illustration for "Now, Ju...Image via WikipediaXbox-Modding Judge Berates Prosecution, Puts Trial on Hold | Threat Level | Wired.com:

"The fair-use issue came up as the judge berated prosecutor Allen Chiu’s proposed jury instructions, which included the assertion that the government need not prove that Crippen “willfully” breached the law, in what is known as “mens rea” in legal parlance. The judge noted that the government’s own intellectual property crimes manual concerning the 1998 DMCA says the defendant has to have some knowledge that he was breaking the law."

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