[Yahwe]

I don't think they qualify under 3(2).

I've read the act for you and I would stress that this is an act designed to criminalise hackers: it would seem to cover things like spyware.

nod's quite right in that i didn't really follow all the computer speak (i went cross eyed).

I certainly think it's an interesting question. just my initial conclusions are:
a) I don't think this sort of modification has the requisite intent necessary for s.3(2)
b) to prosecute under s3 you are trying to convict some person of a criminal offense. so you'd need to find that individual.
c) you might be better off going to the computer industry ombudsman or regulator and getting sony fined rather than trying to put one of it's worker's in prison
d) you'd have to be bloody lucky to find a policeman who's head didn't explode before you finished explaining the details to him.