Criminal Trial Over Xbox Mod Chips

Criminal Trial Over Xbox Mod Chips Begins Tuesday in LA. In the first trial of its kind, defendant Matthew Crippen is charged with two counts of violating the anti-circumvention provisions of the Digital Millennium Copyright Act. He faces a maximum three years in prison if convicted. Crippen, 28, allegedly had a business modding Xbox 360s for between $60 and $80 apiece.

Wired: http://www.wired.com/threatlevel/2010/11/xboxmodding-trial/

Why is this considered criminal? How did Apple get a pass from the DMCA with the iphone? Why isn't this a civil case by Microsoft? How did they target this guy making $60 a box? Do they know 12 year olds are doing this all over the world?