and again... read the flipping EULA. You never HAD the "legal ability to do what you want with hardware you own" because that's not the issue. The ISSUE, which you'd learn in the first week of any Copyright Law course, is he broke the EULA which, by LAW, applies to the console the instant you break the seal on the box.

Reality Check! The store doesn't... they don't HAVE to... Sony already has that covered. It's called a License Agreement (http://www.scei.co.jp/ps3-eula/ps3_eula_en.html) which you agree to the instant you break the seal on the box. Welcome to THE LAW people. And for your information (like you'd read it anyway): 7. TERMINATION If SCE determines that you have violated the terms of this Agreement, blah blah blah, HERE'S WHERE OL' MIKEY'S DOOMED>>> implementation of upgrades or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of a modified PS3â system, or any pirated material or equipment. SCE and its licensors reserve the right to bring legal action in the event of a violation of this Agreement. SCE reserves the right to participate in any government or private legal action or investigation relating to your conduct. Jail time is the LEAST of ol' Mikey's worries, because he's also opened the door to all sorts of legal action against himself.

Well if you read the AP version of this story (a fancy way of saying get it w/o jhoger's obvious bias) you will see that this guy was "arrested on federal charges that he illegally modified video game consoles to enable the machines to play pirated video games." http://www.google.com/hostednews/ap/article/ALeqM5jsj3JhDd6Ad_tq6wuDmO6SsLx7mwD99RR63O0 Key phrase there... "enable the machines to play pirated video games". The issue isn't that he was "tweaking" a console he owned, it was what he could do with it afterward, to permit it to use illegally stolen s/w. Yeah he didn't hold up some convenience store. Yeah he didn't give heroin to a kid on the playground. What he DID do is absolutely no different that walking into a store, stuffing a few dozen video games into your backpack and running out the door. It is no different that buying an illegal cable descrambler so you can watch pay per view television without paying for it. By your argument doing this is perfectly fine because no one actually got PHYSICALLY injured. So when someone steals your identity, just remember that you weren't PHYSICALLY injured, so that makes it okay. Wake up for crying out loud.