I honestly think this will be a dog an pony show for the DoJ to look like they are taking a hard stand, but in reality they don't really have any legitimate evidence. A person can be indicted on the most minimal of evidence, the threshold is quite low. Proving their case in trail though will be a whole other matter. The issue of who owns your consoles and what you can do with them goes back decades to the gameshark on NES. Precedent has always been that you own the console and the physical hardware and have the right to do with it as you please, however the manufacturer has the right bar you from official "services" if you modify your system. If this were not the case, every PC would be illegal because they all have the ability to potentially obtain copyrighted material and consumers would be forbidden to modify either the hardware or software from the manufacturer's spec. Just because a modification give one the ability to pirate games doesn't make them illegal. Think about CD, DVD, BD writable drives. This issue has been fought in court many times and it has always erred on the side of the consumer. The only real evidence of wrongdoing they could possibly convict on would be if they found TX in possession of copyrighted material on their servers whether it be in the form of games or code, ie the system bios is usually a copyrighted work. From the 3 news blasts I read, which were almost word for word identical, thanks DoJ, it called TX a team of game pirates. Now I have used TX products all the way back to the original Xbox and I never saw pirated material on their website, although I never specifically looked for it their either, I was always looking for documentation. Even then after its all said and done with if they are found guilty I'm sure the government would much rather have a nice hefty "fine" on their books as opposed to the approx $40,000 a year it cost to incarcerate someone. This is the manner in which a majority of intellectual property offenses are handled. Hell guys that flat out steal millions of dollars don't even see much jail time anymore. I honestly doubt this is a DoJ top priority, they probably came under a lot of pressure from a senator//congressman who is a large beneficiary of the video game industry, there are much much more important things to deal with right now.