Modding consoles = Jail time

[Schwaltzvald]

Well he was doing it for a profit but 10 years? (http://www.nbcdfw.com/news/tech/Cal-State-Student-Faces-10-Year-Prison-Term-for-Playing-with-Video-Games-52386872.html)

[prophetik]

well, there goes most of the population of afterdawn's forums.

[Level 99]

The "for a profit" thing is where I would draw the line. Personal tinkering in order to open the possibilities and coding potential of hardware would be, in my opinion, completely okay to do. To CHARGE people money to modify their systems, especially just to play PIRATED copies of games is what the core issue is. That's a two-fold argument: to charge people money to modify their systems in order to just play pirated games.

I don't believe I actually OWN a console until I've opened it's full potential. But not for piracy. Example: the XBMC program for a soft-modded xbox turns microsoft's aging last-gen console into an HD-possible (source material and tv connection depented) network media powerhouse. So instead of just letting that system die, it now has a brand new use.

Maybe it's just me on this, but yeah, that's how I feel.

[Schwaltzvald]

The "for a profit" thing is where I would draw the line. Personal tinkering in order to open the possibilities and coding potential of hardware would be, in my opinion, completely okay to do. To CHARGE people money to modify their systems, especially just to play PIRATED copies of games is what the core issue is. That's a two-fold argument: to charge people money to modify their systems in order to just play pirated games.

I wont lie, I have a ton of modded consoles. I don't believe I actually OWN a console until I've opened it's potential. But not for piracy. Example: the XBMC program for a soft-modded xbox turns microsoft's aging last-gen console into an HD-possible (source material and tv connection depented) network media powerhouse. So instead of just letting that system die, it now has a brand new use.

Maybe it's just me on this, but yeah, that's how I feel.

That's all fine and dandy but at most he's no different that the very same people that wished to "unlock the potential" of any console; considering it's inferred in the article (from my perspective at least) that modding consoles, regardless if it was done free or for profit, is recognized as an illegal action.

Am I mistaking the wording as such..?

[Matt E. Waldman]

Agreed, Level 99! With modding, there's so much awesome user-created content to be played with. Years ago, I thought it was so cool that I could have my GBA play MIDI files and run emulators!

When it comes to this whole modding business, I'm a bit mixed on the issue. I may be against modding for personal financial gain, but I would be more than willing to have a shop mod my own console for me, mainly because I don't trust myself with opening up my older consoles and installing the chips myself.

[Schwaltzvald]

Agreement with Lvl99

Read my previous statement please.

[Ramaniscence]

While I was reading this earlier, something dawned on me:

When I buy something. I own it. It's MINE. I can buy a computer, I can rip all the parts in, I can put new parts in, I can throw it down the stairs, I can do whatever I want.

When I buy a car, I can change the exhaust, I can rebuild the engine, and I can import another engine from Japan and drop it into my car, I can drop it, I can paint it, I can give it scissor doors.

I can mod my TV, my laptop, my furniture, my house, my vehicles, my clothing, my appliances...but I can't mod my console? Why the fuck not?

[Matt E. Waldman]

Read my previous statement please.

Haha, sorry, looks like you posted right when I was writing mine!

An interesting point. I do agree that the most of those people started off amazed at the ability to run unsigned software on their consoles, and decided to make a business off of it. Once again, I'm very mixed on this subject. In agreement with Ramaniscene's post, I believe that we have the right to play with, destroy, dismantle, and enhance our own property.

[Schwaltzvald]

Another note* PS3s are region free, meaning you can play imported PS3 titles, beyond modding it to play PS2 games what else could one possibly do to it that would result in criminalizing some one of modding one..?

[The Derrit]

That's all fine and dandy but at most he's no different that the very same people that wished to "unlock the potential" of any console; considering it's inferred in the article (from my perspective at least) that modding consoles, regardless if it was done free or for profit, is recognized as an illegal action.

Am I mistaking the wording as such..?

This is true, but in a way its in the same vein as (go with me on this) teenage drinking, its illegal, but as long as its done in a setting where it doesn't bring harm to anyone else AND NO ONE SEES IT, no one gets in trouble. So if i mod my xbox and then keep it to myself and use it for my purposes, no one is going to seek me out, or find out most likely. Its when he goes and sells them to people that it becomes trouble for him.

While I was reading this earlier, something dawned on me:

When I buy something. I own it. It's MINE. I can buy a computer, I can rip all the parts in, I can put new parts in, I can throw it down the stairs, I can do whatever I want.

When I buy a car, I can change the exhaust, I can rebuild the engine, and I can import another engine from Japan and drop it into my car, I can drop it, I can paint it, I can give it scissor doors.

I can mod my TV, my laptop, my furniture, my house, my vehicles, my clothing, my appliances...but I can't mod my console? Why the fuck not?

Seriously.

[Level 99]

This also boils down to a number of other arguments: independent developers having a chance to break into the industry without having to sign to absurdly high-priced development kit contracts, playing import games and backups of games you have that are either in really bad shape or destroyed (I bought the NiGHTs PS2 remake and it's Japan-only, and I have a PS3 without PS2 support, so I had to get a flip-top case for my PS2 to allow NiGHTs to even work. I don't see why I'd have to invest in a whole other system to play a single game! and my original PS1 copy of ehrgeiz is in terrible shape, so I made a backup of it ages ago and use that instead of causing further wear and tear on a disc that is extremely hard to find these days and possibly doesn't even work anymore) and full hardware utilization.

The online functionality of systems these days deters and prevents hacking, cheating, and piracy in a number of ways, and advanced copy protection (note how the PS3 has not yet truly been mod-broken) prevent many attempts of illegal piracy. However, there is a line that needs to be drawn between detering illegal action and crippling a system's hardware and software potentials. I'm in agreement with Rama in that "I buy it, I own it, I should have the freedom to do what I want with it" with the caveat that it does not interfere with other people's enjoyment of anything. I log onto xboxlive with a trainer giving me infinite lives and noclip, that's messing with people's enjoyment. I log on either running a backup of a game that I own already, or have unlicensed media code so that I can have subtitles in foreign AVI's running a codec that xbox didn't initially support, that should be within allowable limits.

The guy that's going to jail was also probably selling pirated software on the side, or providing means to access it for the people he modded consoles for (just an assumption, but it's within reason). Simply modding a console should not merit that punishment though.

[Strike911]

The article says:

Specifically, the college student is accused of modifying for personal financial gain technology affecting control or access to a copyrighted work

I think this isn't so much an issue of modifying the console as it is preventing the sale and proliferation of illegal copies. I don't think modifying you own stuff can possibly be illegal if you're using it for lawful purposes like playing homebrew games or games with region locks from other countries.

But where does that stop? How on earth do you prove that without having proof that illegal copies are being used as a result of his modifications??!

What if I put new CD burner and Nero on someone's computer, and charge for it. The original computer's set up has been modified for a profit, and burners could affect control or access to plenty of copyrighted works! Uh oh, plenty of people running computer building companies are off to prison! What a ridiculous law.

That law is silly. Yeah if he's doing things to promote illegal activity like helping pirates copy things or selling copies, then yeah arrest him and toss him into jail, but the government is pinning him on just modifying the console which also has plenty of legal applications. What others do isn't this guy's fault, again unless he's actively promoting illegal activity (and lets be honest he probably is). But physically modifying an electronic device should not be illegal just because it doesn't make sense.

You can't control other people's intent. I hacked my cell phone so I could put custom ringtone midis on it. Theoretically one could put illegally downloaded MP3s on it if one really wanted. If I modified someone else's phone for a profit am I'm suddenly in trouble? That's ridiculous. The person committing the offense should be in trouble, not the modifier. XBMC (like mentioned above) is a fantastic utility for hacked Xboxs. I never used it on an Xbox (there's a PC version), but I could definitely see a legal use for the app on modified systems. Are they really going to toss someone in jail that could do that?

*sigh*

... But the physical act of modifying the console for a profit is what they're going after. This is too much intervention from the government over something that should not be illegal because its legal for hundreds of other devices that cause MUCH more damage in the piracy world including PCs with CD burners, DVD burners, etc.

Where does the term modify stop?

Man this bugs me... again, if he's involved in the piracy scene then go get him Uncle Sam, but from what I can tell they don't mention it in the article. Where does modification start? Where does it end?

Again, I would bet this guy is heavily involved with the piracy scene... this situation can't be the norm.

[Schwaltzvald]

I think this isn't so much an issue of modifying the console as it is preventing the sale and proliferation of illegal copies. I don't think modifying you own stuff can possibly be illegal if you're using it for lawful purposes like playing homebrew games or games with region locks from other countries.

This guy definitely must have been selling (or deeply involved) in the illegal copying of games.

I was under the impression that he was often hired by legal owners of consoles that paid him to mod said consoles and that's all he did.

Another major note*

Last May, ICE agents executed a federal search warrant at Crippen's home, where they seized more than a dozen Microsoft, Nintendo and Sony video game consoles.

No mentioning of selling pirated software (game copies) though, and I doubt the guy broke into shops and stole the consoles. To me it seems like all the ICE agents found were his backlog of mod orders. To me this is still saying that modding consoles, regardless if its for profit or free, is considered illegal...

[Strike911]

I was under the impression that he was often hired by legal owners of consoles that paid him to mod said consoles and that's all he did.

Another major note*



No mentioning of selling pirated software (game copies) though, and I doubt the guy broke into shops and stole the consoles. To me it seems like all the ICE agents found were his backlog of mod orders. To me this is still saying that modding consoles, regardless if its for profit or free, is considered illegal...

That's just ridiculous of the government. Anything can be "hacked" today and open up plenty of additional legal functionality to a device (though it might void your warranty). Be it a GPS, a phone, a computer, or a game console, they all usually have the capability to store data. And if one can store data they could possibly store illegal data.

One could theoretically put illegal data (mp3s, software, etc.) on a lot of hardware that has been modified (again, a new CD burner on a PC)... anything.... but that isn't the modifiers problem. How can the government determine what people are using this storage for? How do they prove piracy has occurred because of this guy's mod service?

It just doesn't make sense to me.

It's a ridiculous avenue to pursue this guy from. It's a ridiculous law in general.
It theoretically could make a case for anyone that's ever built a PC for money, that has a cd burner on it, subject to legal action.

If this guy has a decent lawyer I bet he could get off.

[Ramaniscence]

Is it illegal for a gun shop owner to sell modified rifles or hand guns that MIGHT be used to potentially kill someone? (well...yes and no)

Can I re-sell a sharpened kitchen knife set?

[Strike911]

Can I re-sell a sharpened kitchen knife set?

NO GO TO JAIL!

lol.

[Avatar of Justice]

Is it illegal for a gun shop owner to sell modified rifles or hand guns that MIGHT be used to potentially kill someone? (well...yes and no)

Can I re-sell a sharpened kitchen knife set?

Yes, but copyrights are obviously more important than human lives. Obviously.

[Faustt]

Kinda funny to be reading this today. Last week I bought a red ringed xbox 360. I "modded" the console to fix an underlying hardware issue. If I go to jail for fixing the console for personal use then that's messed up. lol.

Also while looking around for a RROD xbox I found dozens of people locally charging to fix and hack Xbox 360s. The going rate was about 30-35 bucks. I guess these guys should be watching where/what they post (this was on craigslist btw).

[Shael Riley]

What the fuck?

[PassivePretentiousness]

While I was reading this earlier, something dawned on me:

When I buy something. I own it. It's MINE. I can buy a computer, I can rip all the parts in, I can put new parts in, I can throw it down the stairs, I can do whatever I want.

When I buy a car, I can change the exhaust, I can rebuild the engine, and I can import another engine from Japan and drop it into my car, I can drop it, I can paint it, I can give it scissor doors.

Not if you to drive it on public roads. Ever heard of emission controls? Or safety inspections most states require?

I can mod my TV, my laptop, my furniture, my house, my vehicles, my clothing, my appliances...but I can't mod my console? Why the fuck not?There are laws regulating many of these... are you aware of zoning laws? The FDA (companies cannot freely sell you their property)? OSHA (companies are regulated in using only approved ladders and a few million other things in the workplace)? There are certain substances out there that are not dangerous in and of themselves, but are still illegal or require a license because they could be mixed in a way to produce explosives or drugs. Further, and much more analogously, although I think those examples completely belie your point already, it's illegal to steal cable. There's nothing unique about this law. There are plenty on the books that regulate your behavior (especially as a business) in the creation of goods which directly encourage illegal actions.

[EdgeCrusher]

I think the biggest thing is, these consoles are being modded for more than likely illegal use. Could you mod your tv, laptop, or anything else? Sure. The only two things that could be put in relation to illegal would be a laptop, which has way more purposes though than console, and any mods you make would not go around a copyright section, or a car, which if you want to argue the whole "its mine and i can do whatever", it could be argued that if you modded cars to say, be used for illegal activies then yes, you could be charged. Anyway, yeah, modding a console is bypassing a system set up to run copyrighted material, its a pretty cut/dry case on that.

[SoulinEther]

Well he was doing it for a profit but 10 years? (http://www.nbcdfw.com/news/tech/Cal-State-Student-Faces-10-Year-Prison-Term-for-Playing-with-Video-Games-52386872.html)
Dude, this guy went to my school. I should have hit him up for my .. ... wait, ... that... yeah.

Unfortunately modding is not done solely for the purpose of playing illegal copies of copyrighted games. Since it does give purpose behind unlawfully copying games etc, though... it's completely illegal. Just like creating / distributing code that can decrypt the video files on DVDs even if you just want to use it to make personal copies of the movies you own. It can lead to the distribution of said working, decrypted copies to people who don't own a right to the material. Therefore that code is illegal (or at least distributing it is).

Just because it's the law doesn't mean this doesn't annoy me. But what can we do as a minority?

And for this guy's case, it's possible he won't get all 10 years, but... if it's ICE... he runs the risk of getting deported, I suppose.

[kitty]

Kinda funny to be reading this today. Last week I bought a red ringed xbox 360. I "modded" the console to fix an underlying hardware issue. If I go to jail for fixing the console for personal use then that's messed up. lol.

Also while looking around for a RROD xbox I found dozens of people locally charging to fix and hack Xbox 360s. The going rate was about 30-35 bucks. I guess these guys should be watching where/what they post (this was on craigslist btw).

I actually provide that service myself, and I have (and still am) advertising that service on a thread here at OCR. I believe the mod the CSUF student got arrested for is the DVD firmware mod which allows you to play backups (euphemism lolol) of your games.

If he got arrested for fixing 3RL errors then he'd be able to get off easy because it's the exact same thing as fixing, for example, your laptop for faulty hardware.

[EdgeCrusher]

Yeah, they can't convict you of fixing red rings. Two of the local game shops here in knoxville advertise they fix them. So yeah.

[Schwaltzvald]

Repairing is very different from modding...

One is meant to repair the product to function as originally made to.

The other allows a product to perform beyond its original means of operation such as homebrew/using "backup" copies

[Level 99]

I just think that the time, money, and other resources would be better suited towards apprehending bigger criminals, not to take this on a tangent, but yeah, I feel bad for the guy if all he was doing was modding consoles or fixing red rings.

Modding is a necessary moral ambiguity which honestly pushes companies like Sony and Microsoft to improve their own methods of production, see new programming talent, and fix possible exploitation holes that could otherwise be used for other means besides modding (if there's a software hole being used for modding, you can bet someone will figure out how to use it for much more malicious purposes. I'm sure there was/will be a hole in the PS3/360's software that could allow someone to get in and steal credit card info from people's accounts when they buy more games or membership time). Sure, what I'm saying sounds like it's reaching for the purest example of modifications, and there are few people that white-knight-like who would mod. As one would say, there is a pretty well-known connection between modding and piracy. But I guess the old adage "you gotta take the good with the bad" would suffice here.

[Schwaltzvald]

Except the bad seems to involve getting reamed in the ass to the fullest extent of the law...

I would like to see how the case turns out in court if and when it comes to that.

[Level 99]

I would like to see how the case turns out in court if and when it comes to that.

Agreed, keep me informed if I forget this ever existed. :tomatoface:

[SoulinEther]

I just think that the time, money, and other resources would be better suited towards apprehending bigger criminals, not to take this on a tangent, but yeah, I feel bad for the guy if all he was doing was modding consoles or fixing red rings.

Modding is a necessary moral ambiguity which honestly pushes companies like Sony and Microsoft to improve their own methods of production, see new programming talent, and fix possible exploitation holes that could otherwise be used for other means besides modding (if there's a software hole being used for modding, you can bet someone will figure out how to use it for much more malicious purposes. I'm sure there was/will be a hole in the PS3/360's software that could allow someone to get in and steal credit card info from people's accounts when they buy more games or membership time). Sure, what I'm saying sounds like it's reaching for the purest example of modifications, and there are few people that white-knight-like who would mod. As one would say, there is a pretty well-known connection between modding and piracy. But I guess the old adage "you gotta take the good with the bad" would suffice here.

You hit a lot of the points I was thinking about while considering what to post. Especially the bold part.

A solution to this problem (chiefly: DMCA violation) might be to create a way to sideload apps... but restricting these sideloaded apps from accessing the internet, optical drive, some parts of the hard drive etc. so that these apps can't (easily) be created to hack or allow the execution of "backup" games while still giving regular people a way to make/use homebrew apps for these consoles. But that would undermine the online app/game stores for each company's console (or at least create competition for their own platform), and .. thus probably not be in their financial interest.

..blast it all. There is no solution.. except to create a competing console/platform. Good luck.

[Drack]

This is why I disagree with laws like the DMCA that try to lock you out of your own property.

If you BUY it, you should have the right to tinker with it!

That being said, I know that mods often allow piracy as well as homebrew and region-unlocking. Piracy is clearly illegal, but just because someone gets their console modded is not sufficient evidence of piracy or even intention thereof.

DMCA needs to die.

[Ramaniscence]

Not if you to drive it on public roads. Ever heard of emission controls? Or safety inspections most states require?

True, but who's to say I'm going to take it on the street? Who's to say I'm not going to use it as a show car? Who's to say I'm not going to sell it to someone else to use as a show car? Sure they MIGHT drive it, but that's not necessarily the intention.

There are laws regulating many of these... are you aware of zoning laws? The FDA (companies cannot freely sell you their property)? OSHA (companies are regulated in using only approved ladders and a few million other things in the workplace)? There are certain substances out there that are not dangerous in and of themselves, but are still illegal or require a license because they could be mixed in a way to produce explosives or drugs. Further, and much more analogously, although I think those examples completely belie your point already, it's illegal to steal cable. There's nothing unique about this law. There are plenty on the books that regulate your behavior (especially as a business) in the creation of goods which directly encourage illegal actions.

Zoning laws, building permits, all that are usually put in place to stop things that would clearly and obviously hurt local business, residents, or yourself (for fire regulation and what not.)

For the most part, the only REAL harm that could come from modding is console is potential indirect damage to the gaming industry assuming the person it's modded for would use it to pirate things. Or if in the rare case a mod caused the console to over heat and combust or something.

If that's the case, wouldn't you just be able to have people fill out a lengthy signed waiver agreeing to not use the console for any illegal actions like playing copies of games they don't own?

And it IS illegal to steal cable, but is it illegal to have a box that COULD steal cable, and not actually do it?

[Schwaltzvald]

So there's been something of an update posted on Wired (http://www.wired.com/threatlevel/2009/08/game-console-jailbreaking-arrest/)

Crippen, in a telephone interview with Threat Level, said the purpose of the jailbreaking was not for illegal piracy, but to allow patrons to use decrypted copies of their own DRM-laden gaming software. The DMCA, however, is not on his side, especially because he is accused of profiting from his hacks.

“This if for your legally made backups. If you’re talking about piracy, I’m not helping you out,”

Curiously do any one, in particularly with a XBox360, get your game discs scratched up worse than a vinyl record at a DJ's booth..? Had any of your discs get to where you can't play them..? Not your fault the damn machine mauls them faster than a dying VHS player? (...so many ruined VHS tapes...)

Better hope that copy of... wait what...? disc not recognized? Oh that's okay this CD/DVD-Dr. will fix up those scratches... Still not recognized... well the local vid store fixes discs, surely they can do it... disc still not recognized... You're telling me you have to buy another copy of the same game that had been priced at $60 and is now out of print... $193.89 on eBay/Amazon/craigslist!?

THAT'S FUCKING BULLSHIT!

~ inspired by AVGN and personal experience...

Edit* To be clear I'm not bashing the 360 as I've heard and I believe read on this forum that the 360 is notoriously prone to scratch disc if the console is ever so far as being bumped or moved at all...

[Level 99]

Ah, what a wonderful, logical world we live in. Now if you'll excuse me, I'm going to go and beat my head against a wall for a few hours. It's about as good as trying to show the rational errors of rules like this to the rulemakers.

:banghead:

[PassivePretentiousness]

True, but who's to say I'm going to take it on the street? Who's to say I'm not going to use it as a show car? Who's to say I'm not going to sell it to someone else to use as a show car? Sure they MIGHT drive it, but that's not necessarily the intention.

Yes, if you keep it off of public roads, you can do whatever you want to it legally. I was responding to the way you originally phrased the point. Taking the bumper off the car or putting a diesel engine in it is effectively illegal unless you treat it like a toy (on a racetrack) or a trophy (at a car show) instead of using it as a car (transportation).

There's an order to it, however insane it may be. When your actions start negatively affecting the public, the law intervenes. Financial transactions are one of those situations where the state has always felt the right to intervene and regulate. Consider, for example, how drastically the punishment increases when the quantity of drugs in your possession exceeds what is deemed to be for personal use only. If your actions (an intent to distribute) demonstrate that you spread illegal behavior to more than yourself, everything gets a lot more serious.



Zoning laws, building permits, all that are usually put in place to stop things that would clearly and obviously hurt local business, residents, or yourself (for fire regulation and what not.)

Not necessarily. Zoning laws are just whatever the neighborhood or town or city wants. Such as, regulation of how high a building can be erected. There are towns out there that regulate what color you can paint your house.

That was also like one of the many examples I gave (and can keep listing), so I don't know what you were trying to prove in saying that.

For the most part, the only REAL harm that could come from modding is console is potential indirect damage to the gaming industry assuming the person it's modded for would use it to pirate things. Or if in the rare case a mod caused the console to over heat and combust or something.

If that's the case, wouldn't you just be able to have people fill out a lengthy signed waiver agreeing to not use the console for any illegal actions like playing copies of games they don't own?
No, since it's statutory, it's written automatically into every contract, including every sale. Many states demand that businesses offer some sort of implicit guarantee if you're sold a defective product. Renters have certain statutory rights against landlords whether or not they appear in a contract (EVEN if they waive them in a written agreement). Same thing here.


And it IS illegal to steal cable, but is it illegal to have a box that COULD steal cable, and not actually do it?
Here is a good comp for the original article

http://findarticles.com/p/articles/mi_m0DIZ/is_7_12/ai_59607220/

[Mr.Roboto]

The Cal State Fullerton student was arrested Monday on federal charges that he illegally modified Xbox, Playstation, Wii and other video game consoles to enable the machines to play pirated video games.

I don't see the problem here.

[yangfeili]

That law is silly. Yeah if he's doing things to promote illegal activity like helping pirates copy things or selling copies, then yeah arrest him and toss him into jail

I'm bothered by the fact that copyright infringment is punishable by prison at all. A fine? Sure. But prison time? The legal system has been hijacked. Heck, it really should probably be a civil matter rather than a criminal matter.

[prophetik]

I don't see the problem here.

that's because you're 13, and an idiot. pirated games are illegal because they don't support the people that made them.

[Strike911]

I don't see the problem here.

I'm assuming you were using sarcasm in your post. If not then... well, damn son. Pirating games is wrong and illegal. Everyone agrees. But pirating games isn't necessarily the modder's fault. That's like going after an unknowing salesman that sold matches to a pyromaniac. Those committing the actual act of piracy are at fault here.

This guy is just modifying consoles, and I don't want to outright support anyone that advocates piracy if he does, but merely hacking a console brings a lot of added functionality to the device outside of piracy.

It by no means guarantees that someone is going to pirate games. That's my beef with this situation.

The law is screwy and a result of corporate luddites, and got legislation because of old men that hear what they want to hear.

[RedTigrr]

I wonder if and when this goes to trial, are they gonna bring up the case of the guy in Australia that actually won the case that Sony brought up against him several years ago dealing with this same situation.

http://www.out-law.com/page-6200

But only time will tell.

[kitty]

Curiously do any one, in particularly with a XBox360, get your game discs scratched up worse than a vinyl record at a DJ's booth..? Had any of your discs get to where you can't play them..? Not your fault the damn machine mauls them faster than a dying VHS player? (...so many ruined VHS tapes...)


That's me and my friends. My Xbox is modded to play backups and I've saved myself quit a bit of money to replace games that have been scratched to death. Poor Halo 3...

[Moguta]

From several of the above responses, it seems there is some confusion over what Mr. Crippen is being sued for. He is not being taken to court for the general act of modding a console. Much more specifically, he violated the DMCA (http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act) by disabling a device's (game consoles') ability to prevent & control access to copyrighted material (games).

This is not at all analogous to including a CD burner in a computer, because a CD burner does not disable any copyright protection method. CDs, CD burners, and burnable data DON'T HAVE any copyright protection to disable.

This IS exactly analogous, though, to the lawsuits that have killed every DVD-backup/copying program that tries to enter the market. DVDs are encrypted, and any unauthorized device that attempts to break that encryption is illegal under the DMCA.