"The DMCA is supposed to block copyright infringement," said EFF Intellectual Property Director Corynne McSherry. "But instead it can be misused to threaten creators, innovators, and consumers, discouraging them from making full and fair use of their own property." McSherry asserted that "artists and tinkerers" who want to modify their devices to run whatever they want deserve legal protection.
The use of jailbroken consoles -- or any technology -- to violate copyright (by, for example, playing an unauthorized copy of a retail game) would remain illegal. But the act of modding a console itself would no longer be.
The Copyright Office will hold hearings on DMCA extensions in the spring.