I was basing what I said off of the actual filing, not the EFF's pearl-clutching.
"Hacking video game access controls facilitates piracy and therefore undermines
the core anti-piracy purposes of Section 1201. As explained above, hacking the video
game access controls requires, by definition, hacking of the video game console or
similar device in order to play the hacked video game. Once the access controls for the
video game console are hacked, regardless of the purported purpose or intent of the
hacker, any content, including pirated games, can be played on a video game console.
What's more, console hackers may distribute their console-hacking solution to gamers
that have no intention of using it for the purposes stated in the proposed exemption. The
risk of piracy is even greater on personal computers and similar devices that do not
utilize device-based access controls to prevent the installation of unauthorized software.
The individual can use consoles to make and store infringing copies of copyrighted
games and other content and to distribute these unlawful copies online to a large
audience."[1]
They are equating hacking with piracy, full stop. They are saying "regardless of the intent of the hacker, the hacker is committing piracy". That's a scary precedent to set.
[1] http://copyright.gov/1201/2015/comments-032715/class%2023/En...