One juror, who would only identify himself by the first name, Marcilo, indicated jurors were not convinced Drew's actions involved the intent alleged by prosecutors.
"Some of the jurors just felt strongly that it wasn't tortious and everybody needed to stay with their feeling. That was really the balancing point," he said.
Drew's lawyer, Dean Steward, contended his client had little to do with the content of the messages and was not at home when the final one was sent. Steward also argued that nobody reads the fine print on service agreements.
"How can you violate something when you haven't even read it?" Steward asked. "End of case."
Gotta love a juror that uses the word "tortious." Bet he learned that from the judge like 3 days ago.
I am so totally going to use this argument to get out of my mortgage. Well, and any other contract I ever signed.
But the defense was she didn't read it. If the defense had been, "She fully read it, and believed that the worse that could be done was losing her account," then I would be with you. But to use ignorance as a defense rankles a bit.
Details about the testimony is available over at Wired's blog. Some interesting details: Megan Meier actually signed up when 13, a violation of MySpace's TOS, and allegedly created a fake profile claiming to be 18 as well.
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