I'm still holding out for when a case like this goes through, so the courts will strike down the DMCA for the violation of rights it is. Yes, the courts can do that. The DMCA, in pretty much every portion, is a direct violation of the consumer's rights through the First Sale Doctrine, which was first established by the US Supreme Court over 100 years ago. And it applies to both copyright and patent law. No need for "fair use;" once someone buys an Xbox, legally, it no longer belongs to Microsoft; they can't dictate WHATEVER what someone does with it. If they want to modify it and sell it, that's their prerogative.
The DMCA is a mess of not-really-enforceable stipulations, that ranges from shaky to downright illegal. I'll be glad once it's finally gone.