unless your position is 'piracy isn't harmful' i don't think i'm making a crazy claim there. i don't believe that every downloaded or copied game is a lost sale, but i'm pretty sure the percentage of lost sales is greater than 1%. when millions of copies are downloaded, even 1% would be would be tens of thousands of lost sales.
i don't think the courts would think me 'nuts'
the only way a platform holder can brick a console that has been modded is if that console is still online and downloading updates. if you have modded your console, the platform holder has no responsibility to make sure that any updates they send out *won't* brick your console, because they no longer have to support your console in any way shape or form.
i just don't think you can, as an end user, expect to be connected to sony's network with a modded system. they have no contract with you saying they have to provide that service.
i'm saying this in the world where you have to actively say 'yes' to an update though... i'd feel differently about it if they could throw a switch and magically break any modded console attached to the internet.
legally, you might be right that the court would side with you, but it's my opinion that Sony can fight modded consoles any way they see fit, bricking included. but like i say, i'm talking about the current climate where such a 'bricking' would have to happen by installing a firmware update of some kind.
if the modders can figure out how to unbrick it (as with the PSP) i'm fine with that too.