The ars technica article which was posted yesterday has more on this: "The fair-use issue came up as the judge berated prosecutor Allen Chiu’s proposed jury in

The ars technica article which was posted yesterday has more on this: "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. “The first prosecution 12 years later, and you’re suggesting a mens rea that is akin to exactly contrary to the IP manual: that ignorance of the law is no excuse?” the judge barked." http://news.ycombinator.com/item?id=1960161 http://news.ycombinator.com/item?id=1960161 http://arstechnica.com/tech-policy/news/2010/12/judge-in-xbox-modding-trial-berates-prosecution-halts-trial.ars http://arstechnica.com/tech-policy/news/2010/12/judge-in-xbo...