I'd like to thank f_d_m for talking about this elsewhere and convincing me to attempt again to get it to work.
It seems my problem was that I was using the ind-bios beta that's named internally '5004'...and the kernel patcher wouldn't work with it.
I flashed my tsop with 5003 and now it's working fine (and I don't seem to be running into the black+white poweroff problem I've had before with 5003
...now if only someone could add the attaching/detaching of .ISOs into xbmc4xbox somehow
