Actually i would disagrre people mod there consoles for numerous reasons yeah sure burning backups is the obvious one but there is being to make your console region free, run homebrew software, net access, gives you a better chance to ftp to your console, with some software it allows for greater media functiionality.
Now MS would have people believe that the only reason people mod there consoles is to be able to play burnt games but it's far from the only reason.
Regardless, any change to the consolve revokes your license to use the supplied software, so unless you are taking the hardware and replacing all the software in all the chips with stuff of your own writing or that you have licensed from the IP owners, you are violating copyrights.
There will be stuff in the ethernet controller, video chipset etc that microsoft have licensed. You cant use that outside of your license with microsoft, which you revoke the second you open the hardware up or do any unauthorized modifications to it.
Now the recent ruling about jailbreaking an iPhone in the US may have some weight to it, but AFAIK, you are now violating copyrights of anyone that has IP in the xbox.
Richms It has already been pointed out (and likely not really needed to be) by myself and others (including yourself in the first reply to the thread) that it's illegal to make or use backups of xbox games and a breach of terms of use agreed to on first use of your console.
The statement to which i replied to was about that people only mod there consoles to make and use/play backups. I simply pointed out that that is not the case there is a lot of reasons why people choose to mod there consoles (or other devices).
When you buy software, games, dvd, music you do not own them your only buying the rights to use as they are provided to you (although some companies allow you to backup or make digital copies for use elsewhere (eg your mp3 player which in NZ not too long ago was also illegal)
Now for some reason unknown in NZ we can format shift music we own but not dvd, or other software we have purchased it's all a little silly really.
At the end of the day though MS are not losing altogether when it comes to a modded console as for those who aren't banned they still have to pay for live. FOr those who do get banned quite often buy another console for online play. It helps MS project great sales for their console.
Same goes for people who change the region coding on their dvd players officially your not supposed to do so, however these day many retailers will provide details of how to do this for dvd players that have the ability to do so.
I am saying that modding the console is not legal. If you have something that says otherwise then I would love to know, but to the best of my knowledge and when I was asking about selling a product that was based on a hacked router, its not legal since you are using (in the case of the router) broadcom IP in the form of closed source drivers without a license for them.
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