http://www.wired.com/threatlevel/2010/12/crippen-dismissed/ This after the judge berated the prosecution: http://www.wired.com/threatlevel/2010/12/xbox-judge-riled/ If the case was on such shakey ground, why persue it in the first place? They decided to press on regardless: http://www.wired.com/threatlevel/2010/12/no-deal-in-xbox-modding-case-trial-begins/ And then they went through a whole day of the trial before they decided it wasn't worth it... It does (from an outsiders eye) look as if the US Government's case wasn't really thought through before charges where brought and trials scheduled.