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Xbox 360 Jailbreaker May Need Real Jailbreak
An anonymous reader writes "Back in July, the Librarian of Congress officially made it legal to jailbreak your iPhone (or any phone). So why is it that the government is trying to prosecute Matthew Crippen for jailbreaking Xbox 360s? If convicted, he could face up to three years in prison, and lawyers are trying to prevent the author of a book about jailbreaking the original Xbox from testifying in Crippen's defense. What kind of law says it's okay to jailbreak the phone in your pocket, but not your gaming console?"
Gah, Apple! Making all these locked down devices like the iphone and the xbox...
What kind of law says it's okay to jailbreak the phone in your pocket, but not your gaming console?"
The kind of law "sponsored" by Microsoft, Sony, and other industry lobbyists.
Or is anyone else sick of the term "jailbreak"? It sounds stupid.
As long as I am not publishing their source code, or distributing their copyrighted binaries, then fuck'em.
On the other hand, if I am publishing their source or binaries then I should expect a response, although jail time seems extreme to say the least.
I still cannot find the droids I am looking for...
The Library of Congress specifically made Iphone jailbreaking permissable, for the reasons given above. As with all things legal, a specific permission isn't just instanlty transformed into general allowance to do whatever the hell you want. The Xbox was not included in the permission granted and therefore such hacking is a violation of the current statute until found otherwise in a court.
The fact that Crippen is making money from breaking the law, and in likelyhood abetting a little casual piracy, suggests he's going to get made an example of.
As far as I'm considered, when I buy something (phone, game console, computer, whatever) it's mine to do with as I please.
Whether I want to modify it, or throw it off a cliff, is no longer any of the company's business. That's not to say it excuses piracy (which is an entirely separate matter altogether), but put simply, they have my money, and I have their product. Our relationship should there be at an end.
I really don't care what the lobbyist-bought-and-paid-for law says on the matter.
For your phone you can "jailbreak" in order to install non-pirated software or connect to a different carrier.
For your xbox you can "jailbreak" to investigate security flaws. Note that "running homebrew software" is not investigating security flaws, neither is running pirated software.
The Library of Congress gets to make this stuff up: http://www.copyright.gov/1201/
Come on, the law is so weird, it has to be real. Fiction has to make sense.
An example: ever hear of Relevant Conduct? I've talked about this before. Here's the scenario: you get caught with a small bag of weed. You get arrested. While being booked some Fed sees you and says "hey! Aren't you the guy who mowed down all those nuns and orphans with an AK at McDonald's last week?" You deny it, but he's sure and you are charged with mass murder. You go to trial, and win. You are found not guilty after two minutes of deliberation. There was no evidence and the witness said it wasn't you.
But since the McDonald's was in another state, the case is federal, and you get six months for the weed. Think you'll do it in some easy Club Fed? No way, you have mass murder as relevant conduct. I am not kidding: your custody can be affected by dismissed or acquitted charges. You have been found not guilty, but it's on your Pre-Sentence Investigation and the Bureau of Prisons will send you to a much tougher place: after all, you're a murderer! So, you go to a USP, and are dead in a week.
As I've posted, I recently did five years in the feds, and rather than be close to my home in a Camp, I was sent to a disciplinary FCI as far away as they could send me, due to charges which were dismissed. The xBox thing does not surprise me in the least...there is so much bad law on the books, which is one reason we have so many people in jail.
"The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
I am more concerned with the DHS wasting valuable resources not to mention tax dollars on something so trivial. Obviously the DHS is lacking real meaningful work.
Man at risk of prosecution for Xbox 360 hacking.
Slashdot editorial guidelines: if it has "iPhone" in the story, that's the lead angle.
If they decide that it *should* be legal to jailbreak video game consoles, and they add a new exception for it, then would that not also make the sale of modchips explicitly legal?
File under 'M' for 'Manic ranting'
Doesn't this term refer to a modification which allows you to install software other than the software approved by the manufacturer? There is a hack to accomplish this on the Xbox 360 but it is not what this guy was accused of performing. The hack he offered was to modify the disk drive to play copied disks. It has no use outside of piracy and playing "backups.' Unsigned homebrew software still doesn't run using that hack. This is without getting into the fact that the Library of Congress rule specifically applies to smart phones only.
Here is the one they're after.
"A door is what a dog is perpetually on the wrong side of" - Ogden Nash
Not all laws take intent in to account, but many do. Why you do something can be as important as what you do. If you kill someone it can be anything from justified self defense, which isn't chargeable, up to 1st degree murder, which can net a death penalty in some places. What it depends on is the specifics of your actions and what you meant to do. In all cases the other person is dead, the major action and outcome are the same. However WHY they are dead matters.
If someone is trying to kill you and you kill them, justified. If you kill someone through an accident perhaps involving some negligence (like you hit them with your car because you weren't looking) manslaughter 2. If you kill them through direct action, but didn't mean to (like you are beating them up and it goes too far), manslaughter 1. If you mean to kill someone, but don't plan it (like you catch a guy with your wife) murder 2. If you plan out and execute killing someone, murder 1. They are just as dead in all cases, but your reasons and surrounding actions matter.
Things can also be legal or illegal depending on their intended use. Water pipes/bongs/hookahs have a long tradition of use with tobacco and they are legal in the US for that use. Smoke shops can sell them, and people can buy them. However they are drug paraphernalia and thus illegal if used to smoke marijuana, or other controlled substances. So go in to a smoke shop and ask for a bong to smoke weed, they'll toss you out. Reason is they can get in trouble for selling it if they know it is intended for illegal use.
Lockpicks are similar. You can own your own lockpicks, no problem. All locksmiths do, and you'd want them to learn. However if you imply that you are going to use them for something illegal, they won't sell them to you and if you do use them for something illegal they are burglary tools and thus not legal.
Our legal system takes intent in to account, and takes other circumstances. So there is nothing contradictory about saying "An individual can jailbreak their phone for the purpose of adding functionality and that is perfectly legal," and also saying "A person cannot sell Xbox 360 breaks for the purpose of enabling the illicit copying of games."
There's also the question of what a jailbreak does and doesn't do. In the case of the iPhone, it allows for fairly significant functionality, like installing Flash. Legally this is called a "substantial non-infringing use" and hence is a DMCA exemption. The 360 hack? Does it do anything other than let you play copied games? If not or if the uses are only superficial, then it probably isn't legal.
Now if you don't like the law, think it should be changed, the answer is to let your representatives know. They are the ones who make the laws, they can unmake them.
Phones have other uses than playing games (playing games is rather a minor functionality), but the only real usage of jailbreaking game console is, you guessed it, playing pirated games.
Go figure.
Just what MIcrosoft always wanted, rentable software. This is progress?
Matthew Crippen is clearly a thought criminal who, in any remotely just society, should be released immediately without further processing. We need to get Amnesty international onto this one. Seriously.
What you do with your own zeros and ones is no different from what you do with your own thoughts.
It takes a sick groupie to keep buying stuff from people who are trying to put you in jail for using your own paid for product. Just say no with your wallet. There are plenty of inexpensive desktops, laptops and other devices that officially support Linux or even come with it pre installed. Or you take free old hardware from your friends, coworkers, Goodwill and other situations where the original vendor doesn't benefit or the indirect benefit is offset by public good. Eventually some company, big or small, will get the message that there is a need for a different kind of product. And serving even one in 100K people on planet earth can sustain a small business.
I think there is a pretty major difference to jailbreaking your phone so you can install whatever apps you like compared to someone selling Xbox 360 mods to allow you to run pirated games. why would anyone think an exemption for jailbreaking your phone would be related to this is anyones guess.
The New Russia, where the jail breaks you.
Where did he learn the skill?
"Google, man."
It's a conspiracy, man! Google is controlling people's minds and making them do things!
my guess is a similar ruling that allows Region-free DVD players into Australia, the line between making it work ie enabling functionality, and breaking copyright 'protection' systems.
There was an unknown error in the submission.
Because Apple is the new blac^W Microsoft.
"linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
Believe it or not, but I'd love to mod my Wii so I could create & play backups of all the discs I bought, because I don't want buy them again when my kids accidently scratch my Mario Kart discs when they play them.
And I'd gladly pay someone for the service too (after all, he's spending time, and he's risking to brick my hardware, so there's some liability as well...).
The only real solution is to pass a law that makes all kinds of DRM illegal. Any technology whose only purpose is to make the usage of the product more difficult and cumbersome (yes, that includes unskippable DVD ads) should be banned.
I should own it. be it a phone, a console, a car...
If I choose to put a 5.0 cammer engine in the car *I bought* and forego the warranty, It's my choice. I won't go to prison for it. (oops, already did it in my friend's 2k4 Marauder, added a supercharger too, so guess I'll go to prison for life now...)
When I buy it it's mine to do whatever the fuck I want with it... If I want to set it on fire with thermite, jailbreak it, or else...
I've got better things to do tonight than die.
Why do people (the original poster and subsequent commenters) keep referring to the Library of Congress? I think maybe you mean the US Congress itself, which is responsible for introducing and passing legislation, as opposed to the Library of Congress... which is a library.
The same kind of law that makes it illegal for some loving long-term monogamous couples to get married, while others can, for example.
Seriously, looking for logic, proportion and consistency in legal statutes is pointless at best, maddening at worst. A large number of laws are written by people with interests to protect, or beliefs to promulgate, rather than any notion or desire for justice.
Am I part of the core demographic for Swedish Fish?
Back in July, the Librarian of Congress officially made it legal to jailbreak your iPhone (or any phone). So why is it that the government is trying to prosecute Matthew Crippen for jailbreaking Xbox 360s?
I got dinner from Arby's tonight. So why is it raining outside?
The prime interest of a politician is, and must be, to get reelected. After all, fail at that, and you aren't a politician anymore. So it takes precedence. Ultimately that means keeping the voters happy. Now if the voters ignore the shit you pull, well then you can do as you please. However if voters hold them to account, then they'll do as they are told (or be replaced by ones who do).
So, if you keep that defeatist attitude, and espouse it to others, then yes, you'll have say at all. However if you wake up and realize that indeed the voters DO choose who is in office, then you'll realize that isn't the case. No, you as a single person cannot change things all on your own. However you shouldn't be able to, this isn't a dictatorship. Doesn't mean you can't make a difference. Let them know how you feel, and let your friends know to do the same. If enough people care, change will happen.
This crap of "Oh lobbyists control everything and there's nothing we can do!" is only true if people let it be true. Your vote, your voice, is just as important as anyone elses. However if you just bitch about it and act powerless, well then you are.
Remember that having only a small amount of power (which is all a single voter has) is not the same as having no power. It only becomes no power if your attitude demands it be such.
Fixed that for ya. The word you wanted was "money".
No sig today...
Nothing new about that.
And as mobile and console gaming converge, I wonder how they will continue to justify a distinction that essentially gives one company a competitive advantage over another.
Now how do you get the ignorant masses from running out and purchasing/licensing DRM infected gear? There is no warning label on such goods that state "WARNING: If you modify this device you may go to prison" Maybe there should be a campaign to educate consumers in such a fashion. Who is going to sponsor it? Maybe EFF? How many people on Slashdot donate to the EFF? I do. Every time the make news I donate again. People can thank the EFF for it now being legal to jailbreak their Iphones. Just a quick google search shows some of the valuable work they have done and you can go here to see a list of that valuable work. I urge every Slashdotter to Join the EFF and help them fight the RIAA/MPAA/BSA juggernauts. Any little bit helps.
Of course this is a big deal because Microsoft has been able to bribe^h^h^h^h^h give campaign contributions to enough key politicians including state attorney generals, congressmen, and state legislators that they can pretty much have their way in terms of what laws are written and when they are enforced. Money==power and in this case the "golden rule" applies: "He who has the gold makes the rules". Microsoft seems to have a fair bit of "gold" to spread around, as long as the politicians get their fair cut of the profits.
Ever wonder why Microsoft suddenly has almost no problem with the anti-trust lawsuits any more? Bill Gates thought originally that political campaign spending was a waste of money until the legal troubles started to come up, and then Microsoft set up one of the largest corporate lobbying groups in D.C. and established a couple dozen "political action committees" strictly for the purpose of getting sympathetic congressmen re-elected. And then all of Microsoft's legal problems disappeared like the morning dew. Did you really think Microsoft changed its business practices through all of that?
This prosecution is all about that political influence and how Microsoft now controls the judicial system because of its continued political activity. Opinions of ordinary folks be damned when a Microsoft lawyer can get a phone call direct to a senator or lead prosecutor to make sure their opinion is heard while you or I of more modest means would be sent through a maze of petty bureaucrats and politely or not told to go away because of our lack of importance.
It seems amazing that you can go to prison for "intellectual property" violations... which normally are strictly a civil court issue that can only make you go bankrupt. Seriously, how does sending somebody to prison fit within the congressional authority "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"? If America was a real republic rather than a corporate kleptocracy, things like the U.S. Constitution would matter and the law that this is being prosecuted under would be declared unconstitutional. "Anti-piracy" laws should not be made a criminal matter and can't really be justified as such.
I'm just curious, was there an amendment to the Constitution of the United States that I missed which allows the Librarian of Congress to make laws? I thought Congress made legislation, the President signed them into law and the Supreme Court reviewed them for Constitutionality once the said law was challenged. I'm just sayin'...
... when you can be charged with the possibility of jail time for simply soldering computer components together for hire.
This guy isn't responsible for what people do AFTER he performs a hardware modification.
Sony could have prevented the whole PS3 jailbreak fiasco without exposing their games to piracy if they had simply given homebrew/hobby developers the same access to the hardware as their commercial developers.
The drive to jailbreak the PS3 was purely because of the restrictions placed on the OtherOS environment. (OtherOS has no access to the RSX graphics hardware and restricted access to the Cell SPUs.)
First some background:
All software in the PS3 is cryptographically signed, and Sony already has multiple signing keys for different applications. Software is either signed by the programmer with a key present in Sony's SDK during development, or signed by Sony for production releases.
There are three main types of PS3 hardware.
PS3 TOOL is the development machine. It has an extra processor in it that runs a debug monitor allowing manipulation of the Cell and RSX. Tool can run programs signed with Sony's SDK key or signed with Sony's release keys. Tool also has twice the RAM of a retail PS3 and a blu-ray emulation function. It cannot play Blu-ray movies.
PS3 TEST is a development test machine intended for use in QA. It does not have the debug processor, and is identical to retail hardware with the exception that it has a second ethernet interface for use with debugging software, it has the blu-ray emulation function, and it can run programs signed with Sony's SDK key or the release keys.
The last version is the garden-variety retail PS3.
The blu-ray emulator used in TOOL and TEST lacks the cryptographic signature present on retail disks, so if you make a image of a retail disc and try to load it with the emulator, it will fail to decrypt.
Only executables signed with the SDK key can be used with the blu-ray emulator. This means you can't use a tool or test machine to pirate released software.
Here's what Sony needs to do:
First, make a homebrew/hobby developer package and sell it. The SDK and TOOL provided ABSOLUTELY MUST be absolutely identical in every way to that supplied to commercial developers. Pricing should be high enough to make a profit, but low enough to be obtainable. Say, $1500-2500 or so. There should be no software support entitlement (to control costs), and a non-disclosure agreement on any proprietary technologies in the SDK.
Second, make a homebrew/hobby version of the PSN. There is already a developer version of the PSN, and this would ensure that everyone stays separated. Access to the homebew/hobby PSN must be conditioned upon acceptance of the non-disclosure agreement. Then create some message boards or forums in the PSN. This would enable the hobby/homebrew programmers to communicate with one another while being assured they are in compliance with the NDA. Consider allowing commercial developers access to the hobby/homebrew PSN as well, so if we find anything interesting they get access to it too.
The third item is the only item that is really new. There should be some sort of release mechanism where games can be released from the homebrew/hobby community to the rest of the world running retail hardware. This shouldn't be free - Sony needs to pay their bills, and it would discourage releasing crap that sucks. Homebrew releases should be prevented from generating profit for the programmer, to keep commercial developers from using the homebrew SDK as a cheap substitute for the commercial SDK. The homebrew developer would pay Sony's QA costs, and once the QA passes, the release is cryptographically signed and becomes a free item in the PSN online store. If the game has serious commercial potential, perhaps an agreement could be made between Sony and the programmer for a full commercial release, with Sony keeping the majority of the proceeds. This is so there is an incentive for upgrading from the homebrew SDK to the commercial SDK if you are interested in making a profit.
It is of EXCEEDINGLY VITAL importance that the only difference between a commercial SDK and homebrew SDK be the software support entitlement and ability to generat
If we're not allowed to what the hell we please with our purchased hardware, aren't we in effect RENTING instead of owning? If so, I'd like to see prices drop and a replacement program in place...
a better car on is putting your own car stereo in vs the one that same with the car and doing that can send you to jail as they clam the other stereo can play backup / music from a HDD or CDR. Even if you play free music and or your own music.
Crippen was arrested before jailbreaking of the iPhone was legal. Even if the iPhone decision can be made to apply to the XBox360, he committed his offense and was arrest when it was still illegal.
How people feel if they baded app store lock in / high dev fees in exchange for a mod chip lock down?
Let say there is more then 1 app store and the other app store is not allowed to any censorship (other then apps that let you hack the system to bypass the app DRM? and only for that with NO BS that can be slapped on any thing) and NO HIGH dev fees like apple $99 /year + 30% is a little to high maybe just a % maxing at like 20%-25% or $99 / year max with a 100% free zone for free apps?
Is anyone else concerned that homeland security arrested him? Weren't they created to fight terrorism in response to 9/11?!? And, what on earth does it have to do with "Immigration and Customs"? It sounds like the ESA went to an organization that they knew (1) had nothing important to do today, (2) would have the least capability to understand the issue involved and (3), would have a tendency to overblow the importance, and (4) be desperate to throw someone in jail.
Open Standards Portal
The kind that Microsoft paid for, not Apple, obviously. Gotta pony up if you want legal protection.
I'm guessing the submitter has little to no exposure to laws.
Like anyone can even know that
allowing a customer to do something to their device themselves is a little different than what he was doing - getting paid by third-parties to break the protection. A subtle difference, but a difference nonetheless.
I suppose if we could go back a few years and put Slashdot in the past, someone would post the following about serial killer Ted Bundy:
Ted Bundy is going to be executed by the state of Florida. His crime? He dared to defend himself in a legal trial rather than pay an attorney to represent him. So to make an example of him, the state is executing him.
Of course this completely covers up the fact that he got the death penalty because he happened to kill a lot of women and was a serial killer.
Anyway, as always an accurate summary of the article itself is too much to ask. Basically the guy is being prosecuted because it's felt that the purpose of his work was to allow people to play illegally copied games. He's got arguments against that that might hold up in court. But it's the whole possibility of infringing that has gotten him into trouble. It would probably be the same thing if jailbreaking an iPhone allowed you to download and use commercial apps without paying for them. Nobody in the government seems to care that he modified his console. It's the "now it can play pirated games" thing that got them interested.
And, what on earth does it have to do with "Immigration and Customs"?
What's sick is that here in California, some former maid of one candidate went on TV and admitted that she [1] was an illegal alien and [2] produced and used fraudulent Social Security documentation and driver's license, and committed identity theft, and not a peep out of ICE. Forget everything else about the sick little drama- a woman went on TV and confessed multiple felonies, but nothing happened because it does not run counter to the moneyed interests (who love sub-minimum wage labor that has no citizen rights).
But modify a toy and offend a big company and, oh boy, look out. The G-men are all over that one.
Less than 0.5% of US prisoners are in "privatized" prisons. The few "privatized" prisons are typically paid less per inmate than the cost of the competing government run institution.
You might find it interesting to read Little Brother, by Cory Doctorow:
http://en.wikipedia.org/wiki/Little_Brother_(Cory_Doctorow_novel)
"[The protagonist] helps develop a clandestine wireless network, X-Net [so named because it is built on Xboxes], that avoids DHS monitoring using anonymity and encryption. Using the X-Net as a secure communications medium, he organizes teenagers and twenty-somethings who are upset with the police state tactics imposed after the [plot elements]. They develop innovative uses of existing technologies to foil DHS monitoring and cause mass confusion and embarrassment to law enforcement."
I'm positive Homeland Security has read this book. They're probably just cracking down now before things get out of hand.
No doubt in my mind the anti-circumvention law is broken. It was from day one, and the need for a 3-year review of exclusions demonstrates this. A better law might simply make circumvention an aggrevating factor in an underlying act of infringement. I would even be ok with assigning liability to Person X who circumvents a copyright protection for Person Y, if Person X should reasonably expect that Person Y is going to use the circumvention to infringe a copyright.
However, as of today the law is what it is. The attitude in TFS is ridiculous, and reflects an ignorance of the DMCA exemptions that is perpetuated every time we summarize this particular exemption is the "jailbreaking exemption".
First, the exemption does very specfiically talk about mobile phone handsets and software on that type of device. You can call this arbitrary, but that's the result of overy-focused lobbying.
More to the point, while the law does allow for inconsistencies, I'm not so sure this is one of them. After all, not every act of cell-phone jailbreaking is covered by the exemption, and I doubt a person running a business to jailbreak other peoples' phones would be able to shield himself with the exemption. You can argue whether that activity should be covered, but I'm willing to bet it's not.
I point this out because this guy wasn't busted for jailbreaking his own console; he was busted for selling the service of jailbreaking others' consoles. The exception that covers the "app interoperability" part of jailbreaking specifies narrowly that the purpose must be legal, and while he says (with a wink and a nudge) that he won't aid pirates, I don't know that he can state any narrow purpose when he's not the one making use of the circumvention.
And if that sounds backwards - that he should have to prove non-criminal intent - well, I believe that's the nature of an affirtmative defense, which is essentially what the exemptions are. The prosecution has to prove (beyond a reasonable doubt since this is a criminal charge) that he committed an act of circumvention, then I'm pretty sure it's up to him to prove that an exemption applied.
All of this is a symptom of the underlying broken law, of course; but that's not to say that this guy would walk if the law were "right". If circumvention were a civil matter, and if it were only illegal when linked to an underlying act of infringement, then someone wanting to offer circumvention services might be able to write up contracts requiring the client ot state a legal intent and to indemnify the business against claims resulting from infringement related to the circumvention. I don't get the sense this guy was running that thorough a shop, though, which means he might still have ended up on the hook.
The feds are getting real itchy with all the aftermarket parts manufacturers "off-road use only" disclaimers, and I betcha we'll see a decline in the quantity of parts that provide an actual performance upgrade once they ban the "off-road" or "racing only" sales to regular folks... I've got some of ^^ on my car and it's a lot more fun! Conversely, I can say for sure it's more likely a heavier polluter than it was from the factory, but at 45mpg (still) and double the power from stock, I am disinclined to care.
Ocean is land, covered with water.
If you people would just read the first paragraph, you'd see this bit:
[arrested] on accusations of running a home business of jailbreaking videogame consoles so they can play pirated games.
He wasn't arrested for jail-breaking his xbox. But then again, this is slashdot. Summaries need not be accurate as long as the ends justify the means.
This guy was 'in business' to jailbreak 360s for people and make money at it. I think congress allowed people to DIY jailbreak their phones. If someone is making money jailbreaking phones for people and they are doing enough business to get noticed, they will face the threat of jail-time too.
It's all about money and might. When you realize this and apply it to everything in life, you will be clairvoyant.
Why?
Perhaps because it's easier to show legitimate non-infringing use of a jailbroken phone (use on compatible but unofficially supported operators) than it is for the Xbox (use for unsupported video codecs).
Sure, people jailbreak both devices for illegitimate reasons: piracy of apps and games.
Sure, people jailbreak both devices for legitimate reasons: adding functionality.
I think the difference is that the iPhone is a quad band world phone. There's absolutely nothing to prevent it from working on the many, many compatible carriers worldwide except for Apple's contractual agreement with AT&T in the US, and the arbitrary and intentional restriction Apple has placed on the devices they sell in the US to support that agreement. Jailbreaking enables a fundamental freedom for the user: the ability to use on an operator of their choice, independent of Apple's contractual obligations.
It is less clear that the non-infringing alternative uses for the Xbox are as fundamental, or that the restrictions you can circumvent by jailbreaking it are as arbitrary. It's not as if the Xbox 360 contains support for a lot of codecs other than WMV, but that these have been hidden or disabled-- they were never put into the device in the first place, unlike the GSM radio in the iPhone which is capable of supporting other operators besides AT&T. It's not as if the many hobbyist applications to which an Xbox 360 may be put are fundamental to the purpose and use of the device-- unlike a phone owner's choice of network.
Phone jailbreaking enables a fundamental consumer choice that is part of having a free and transparent market for phones and phone service.
What essential consumer choice does jailbreaking a console enable? What role do jailbroken consoles play in the marketplace?