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pshrynk · 07-03-2009, 01:51 PM

The judge overturned on the basis that the misdemeanor portion of the law was too vague but that if the jury had returned guilty on the felony he would have upheld. What I can tell from the article is that the judge was concerned about the burden of proof issues with the misdemeanor finding, and the jury was able to find reasonable doubt about the felony charge.

What was it about the finding that is disturbing to you, sassanik? I'm seeing the judge refusing to pull the opinion of a ISP into legal fact and a jury finding that the ISP's eula was not enough of a proof to convict on felony charges.

07-03-2009, 01:51 PM	#2
pshrynk Beepbeep n beebeep, yeah! Posts: 11,726 Karma: 8255450 Join Date: Apr 2008 Location: La Crosse, Wisconsin, aka America's IceBox Device: iThingie, KmkII, I miss Zelda!	The judge overturned on the basis that the misdemeanor portion of the law was too vague but that if the jury had returned guilty on the felony he would have upheld. What I can tell from the article is that the judge was concerned about the burden of proof issues with the misdemeanor finding, and the jury was able to find reasonable doubt about the felony charge. What was it about the finding that is disturbing to you, sassanik? I'm seeing the judge refusing to pull the opinion of a ISP into legal fact and a jury finding that the ISP's eula was not enough of a proof to convict on felony charges.