A man accused of running an illegal Xbox 360 modding business could face up to ten years in jail as his case goes to trial.
Matthew Crippen ran a booming Xbox modding enterprise in which he hacked the measures preventing users from running pirated software on the console for fee of $60 to $80.
He was caught after modding the Xbox 360 console of an undercover federal agent. If proven guilty, he could face up to ten years in prison under the Digital Millennium Copyright Act.
Crippen's defence argued that modifying consoles might not necessarily lead to copyright infringement as it can also be used to run non-pirated homebrew software.
Judge Philip Guitierrez however disallowed the argument by saying that, “According to Mr. Crippen, if circumvention facilitates later fair use of a copyrighted work, then there is no protected copyright interest and no violation of the DMCA's anti-circumvention provisions. This argument also must fail in light of the text of the DMCA and relevant case law”.
According to TG Daily, http://www.tgdaily.com/business-and-law-brief/52806-xbox-modder-goes-to-trial his lawyers also compared Xbox modding to iPhone's jailbreaking but the Judge disallowed the argument by claiming that the iPhone case didn't imply in the present scenario. It is legal to jailbreak an iPhone under the DMCA.