he risks 20+ years with a possible consecutive life sentence for selling two devkits NOT stolen and to have given us OLD specs
is that bad the justice in Australia or it's the USA pressure on them? anyway hardly anyone will give us accurate rumors, manuals, official pdf..
And what is the evidence? That he seems to have old 720 specs and a dev system doesn't prove that he either broke any NDA
Breaking NDA is not a criminal offence. This could not possibly have happened strictly because he broke the NDA. Now, I don't know exactly what charges are being considered, but the link says "suspected server breaches, multiple counts of unauthorized server access and misuse of a computer". This would imply that his source of information was hacking computers used by MS or Sony, or, more likely, the computers of some third-party dev with the data. (They generally take security *much* less seriously.)
Now, that
is a criminal offense, with potentially very high punishment. As I understand, under Australian law how bad it is for you depends on how you have profited from it (and, as I understand, DaE has directly sold info to journalists for money), and how much damage it has done to your target (and, MS and Sony will try to claim millions because of this). In terms of charges that will be filed against him, he will be hit with pretty much the worst possible hacking charges that can be filed.
However, like most crimes, you very rarely end up being sentenced with everything that is raised against you. Going forward, he will likely either try to settle for some compensation + a few years (unless this is in Victoria, which doesn't do plea bargaining as far as I understand it), or, he will spend the time in trial trying to convince the court of how the gain he got and the damage he inflicted was so small that the extensive charges are ridiculous.
Either way, unless he does something monumentally stupid moving forwards, I don't see him sitting more than 5 years, and it could be much less than that. However, I do think he will likely end up doing some time.