From page 49 (emphasis mine) > The Register further found that even if proponents had satisfied their burden of establishing noninfringing uses, they nonethel

From page 49 (emphasis mine) > The Register further found that even if proponents had satisfied their burden of establishing noninfringing uses, they nonetheless failed to demonstrate that video game console access controls have or are likely to have a substantial adverse impact on such uses. Proponents identified two broad categories of activities that were allegedly threatened by the prohibition on circumvention, scientific research and homebrew software development. So it looks like the EFF are going at it from the abandonment angle this time having failed with the science and homebrew arguments. I'd say they have a better chance of making their case this time.