I'd have to disagree based on reading the ESA's position statement. Essentially they point out that in order to circumvent the restrictions on a particular vide

I'd have to disagree based on reading the ESA's position statement. Essentially they point out that in order to circumvent the restrictions on a particular video game, one must circumvent the restrictions on the video game console, which is covered by a different section of the law. Creating and distributing kits for the circumvention of the console restrictions has a drastically broader application than merely playing abandoned games. Given that such an exception would essentially gut the law, the ESA most certainly has a dog in the hunt.