I don't think the kernel developers hosed the ata shit.. more likely you're distribution hosed the ata shit...

And if they hosed it.... it's either a development dist or they f#*$ed up.

Here is how it works in Sweden, which I suppose has a similar system.

All trials begin at the lowest instance.

After that the second instance can choose to accept an appeal. It is always harder to get an appeal accepted when trying to sentence someone who was declared not guilt in a lower instance.

Then there is the highest instance, which doesn't accept many cases every year, but this case most likely WILL end up there, because it is a new crime, and this is the instance which details how new, untested laws should be interpreted. If they make a clear enough innocent verdict in this case, no further "not guilty" verdicts would make it to second instance next time a person is tried for a similar crime under this law.

And no slashdot post is complete without... IANAL...