It seems the harsh words from District Court Judge Philip Gutierrez on Wednesday had their intended effect; prosecutors in Matthew Crippen's Xbox modding case have now dismissed the indictment. Quoting Wired: "Witness No. 1, Tony Rosario, was an undercover agent with the Entertainment Software Association. He told jurors Wednesday that he paid Crippen $60 in 2008 to modify an Xbox, and secretly videotaped the operation. Rosario had responded to Crippen’s advertisement on the internet and met Crippen at his Anaheim house. All of that had been laid out in pretrial motions. But during his testimony, Rosario also said Crippen inserted a pirated video game into the console to verify that the hack worked. That was a new detail that helped the government meet an obligation imposed by the judge that very morning, when Gutierrez ruled that the government had to prove Crippen knew he was breaking the law by modding Xboxes. But nowhere in Rosario’s reports or sworn declarations was it mentioned that Crippen put a pirated game into the console. ... [Prosecutor Allen Chiu] conceded he never forwarded that information to the defense."

darthcamaro writes "Red Hat has settled another patent case with patent holding firm Acacia. This time the patent is US Patent #6,163,776, 'System and method for exchanging data and commands between an object oriented system and relational system.' While it's great that Red Hat has ended this particular patent threat, it's not yet clear how they've settled this case. The last time Red Hat tangled with Acacia they won in an Texas jury trial. 'Red Hat routinely addresses attempts to impede the innovative forces of open source via allegations of patent infringement,' Red Hat said in a statement. 'We can confirm that Red Hat, Inc and Software Tree LLC have settled patent litigation that was pending in federal court in the Eastern District of Texas.'"

An anonymous reader writes "Ron Gilbert, co-creator of classic games Maniac Mansion, Monkey Island 1 and 2, and many more, has spoken out against corporate censorship — the way of large companies getting a say on what does or does not get published on the distribution channels they control. Although his insightful rant applies to a number of corporations (Microsoft, Sony, Nintendo and Comcast are mentioned), most of the direct examples single out Apple. Quoting: 'Apple has maintained an almost North Koreanish dictatorial control over the devices, becoming the arbitrator over what is good and bad, what is allowed and not allowed. They don't have this control over the Mac because it is a real computer and an open device, but they can do this with the iPhone because we (as consumers) were convinced by the cell phone carriers that they needed this control to protect their networks (in the same way they wouldn't let us own our own telephones in the '70s) and Apple was happy to jump on that ship because they could finally control everything that went on the device and we bought it into it. Apple apologists say that Apple needs this control to maintain the "specialness" of the device. I say that's a load of crap.'" He also mentions Adidas dropping out of iAds because they couldn't accept Apple's excessive creative control, and a photography app that was rejected because it used the volume buttons as trigger."

Jamie found an NYT story that says "After months of negotiation and delay, Warner Brothers and Metro-Goldwyn-Mayer are on the verge of an agreement that would allow the director Peter Jackson to begin shooting a two-part version of J. R. R. Tolkien's The Hobbit early next year." The production has struggled recently with issues with unions, and a fire.

coondoggie writes "NASA's Mars rover Opportunity will take a small detour on its current journey to check out what could be a toaster-sized iron-based meteorite that crashed into the Red Planet. NASA scientists called the rock 'Oileán Ruaidh,' which is the Gaelic name for an island off the coast of northwestern Ireland. The rock is about 45 centimeters (18 inches) wide from the angle at which it was first seen on September 16."

gspr writes "On Sunday, Slashdot and many others reported that DRM-free games site GOG.com was shutting down. Now the site is back, revealing that it was all a hoax. According to the site: 'Now it's time we put an end to all the speculations once and for all. It's true that we decided that we couldn't keep GOG.com the way it was so we won't. As you probably know by now, GOG.com is entering its new era with an end of the two-years beta stage and we're launching a brand new GOG.com with new, huge releases.' So it was all an advertising stunt."

SkinnyGuy writes "New carbon nanotube-based technology could literally allow companies to paint layers of electricity-holding lithium-ion on standard pieces of paper. The possibilities are endless." You can also read the actual paper.

Barence writes "PC Pro's Tom Arah has dug up some statistics that cast severe doubt over Steve Jobs' assertion that Flash is the technology of the past, and Apple's iOS is the platform of the future. He quibbles with Net Applications' assertion that iOS growth is 'massive,' considering that mobile accounts for only 2.6% of web views, and the iOS share stands at only 1.1%. By comparison, Silverlight penetration now stands at 51% while 97% of web surfers have Flash installed, according to Stat Owl. 'At least when Bill Gates held the web to ransom he had the decency to first establish a dominant position,' Arah claims. 'In Steve Jobs' case, with only 1.1% market share, the would-be emperor isn't even wearing any clothes.'"