Did TorrentSpy get a fair shake?

While TorrentSpy lost its case, curiously, this issue remains unresolved, per the article. What is most disturbing, however, is the fact the MPAA contracted a hacker to obtain evidence. Isn’t hacking supposed to be a criminal activity–a felony–with a punishment up to 10 years in jail and at least a $250,000 fine? Yet because it was the MPAA who utilized hacking to “obtain evidence,” somehow a judge allows it and doesn’t throw out that evidence? Was this case ruled on fairly? You decide.