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As we know now the USA v. Crippen [Xbox Modder] case has been dismissed by the prosecutors. Andrew "Bunnie" Huang was supposed to testify as expert witness. Today "Bunnie" posted some key concepts on his blog of what he was gonna present in the case:
While the true facts are not as simple, raw facts are essentially useless to a jury. The real challenge for me personally was to take a world of technical jargon full of one-way hashes, modular exponentiation, prime numbers, finite fields of characteristic two, stealth sectors, lead-ins, lead-outs, and reflectivity measurements using a laser and a four-quadrant photodetector and boil it down into a set of factually correct statements that any lay jury could not only understand, but feel confident enough to use to decide upon two felony counts.

So, for the purpose of encouraging discussion, criticism, and education, here are some of the key concepts I was to present in the case.

Check out for a nice overview of how the 'Xbox360 ODD modification' actually works, but here's his 'conclusion':
In the case that the “answer table” is lacking from the disk inserted into the ODD, the disk will not play. Thus, the question is: given that the user of the modified Xbox360 (in this case, the private investigators and agents that the government hired) must also materially participate in the “process” by providing an “answer table”, is the mod alone sufficient to justify felonious conduct?