May faces charges of larceny and trade secret after the events of the trade show. According to Breach maker Atomic Games, May "used his laptop to hack into an Xbox 360 Test Kit being used to demonstrate the game" and "downloaded about 14 megabytes" before fleeing the scene and eventually being apprehended by police.

Going by Kotaku, that first charge could result in up to five years in jail or a $25,000 fine while the second could result in up to two years in jail or a $500 fine.

His not guilty plea stems from the way that the Massachusetts court system operates, as Suffolk County District Attorney press secretary Jake Wark explained to Joystiq that a "not guilty plea is automatically entered at arraignment [in Massachusetts]."

However, Wark affirmed that "the case remains active." May and his counsel set to next appear in court on June 27, when they plan to file a motion to dismiss the case. Atomic, meanwhile, plans to release the downloadable first-person shooter this summer.