Accused Penny Arcade Expo code thief Justin D. May was placed on a pre-trial probation this week which includes conditions that he stay in school, forfeit his computer and stay off Xbox Live, court officials tell Kotaku.


May, 21, was arrested on Sunday, March 28, after representatives from developer Atomic Games say they caught him attempting to download the source code for the game Breach onto his laptop. Atomic officials estimated that the code was worth more than $6 million. According to reports, May received 14MB worth of data from the 2GB game before fleeing into the crowded PAX East show floor, only to be tracked down and apprehended by authorities.

May was arrested, facing charges of larceny over $250 and buying, selling or receiving stolen trade secrets. He could face up to five years or a $25,000 fine on the first charge and up to five years or a $500 fine and imprisonment of up to two years on the second charge.


A warrant issued for May's arrest after failing to appear at his original arraignment on March 30 was dropped on April 1, after he contacted authorities and arranged to have the arraignment moved.

At a hearing yesterday in the Boston Municipal Court, May was placed on pre-trial probation on the condition that he stay in school, not reoffend, stay off of "XBox Live web sites," and forfeit his computer, which was seized at the time of his arrest, representatives from the Suffolk County's District Attorney's Office told Kotaku today. The DA's office confirmed to Kotaku that in referring to Xbox Live web sites, the judge means the Xbox Live service and any associated services.

If May abides by those conditions, his case will be dismissed after 18 months; if he does not, the case can be put back on track for trial.