Stearns said that if LaMacchia was found guilty under the wire fraud statute, then many home computer users would also be engaging in criminal activity under that law by copy- ing commercial software.

Stearns ruled that "while the government'sobjective is a laudable one,...its interpretationof the wire fraud statute would serve tocriminalize the conduct of not only persons likeLaMacchia, but also the myriad of home computerusers who succumb to the temptation to copy even asingle software program for private use."

In his ruling, Stearns suggested that it is upto Congress to develop new laws for copyrightinfringement to cover Internet and computer ageissues. "This case presents the issue of whethernew wine can be poured into an old bottle," thejudge said.

"One can envision ways that the copyright lawcould be modified to permit such prosecution,"Stearns said, adding that the issue is one for thelegislature, not the Courts, to decide.

The Net Result

Following Stearns' ruling, LaMacchia issued astatement saying, "I am gratfied that JudgeStearns has confirmed that the indictment againstme does not allege conduct that is in factcriminal," the Boston Globe reported.

LaMacchia did not return repeated phone callsor e-mail messages seeking comment for thisarticle.

Daffodil Tyminski, a paralegal for the defensein LaMacchia's case, said that the MIT student waspleased with the case's outcome.

"He is very relieved and glad to be free of alot of the stress he's been under for the pastyear," Tyminski said.

Stern, the U.S. attorney, said in a statementthat he would consider appealing the case.

"The judge's thoughtful decision deservesfurther study before we decide whether to appealit to the first circuit," Stern said. Jeanne M.Kempthorne, the assistant U.S. attorney, said thatStearns "ordered the order of dismissal on January12, so we would have 30 days from that date" tofile an appeal.

But Harvey A. Silverglate, LaMacchia's lawyer,said he thought the prosecution should acceptStearns's decision.

"If I were the prosecutor, I would not appeal,"Silverglate said. "The judge's decision was verywell reasoned.

"However, the department of justice does notalways do things that make sense," he added.

Look to the Capital

A number of people close to the case said theyexpect the federal government to act on thisissue.