XBL content that contains an xbe file IS copyrighted code, that the developer has the right to say how it can or can't be obtained or used. If they want you to pay for it, like the xbe file on the game disc, that is their right to do so. If they want to let people download it from XBL for free, that is also their right, because they hold the copyright to the xbe file. Also, as in the case of the Hurricane Pack, if they want to let you download it for free, but have to log into XBL and have a gamer tag to use it, that is also their right.
Regardless of how you get the update, it is NOT free. You have to either pay for the XBL service and/or buy a disc that contains the update, unless you are pirating the content, you MUST pay for it somehow. You are NOT entitled to any update that is offered on XBL, if that was the case, the developer of the game would send you a FREE disc with the update. Let's see how far you get if you ask ANY game developer that has an update game on XBL if they will do that for you, or if they say you are entitled to that update. You pay for XBL for a reason.
You are confusing pirating an xbe file and its associated files in an update with modifying exisiting files in a game to make the game look different. I don't know what Xbox Scene's stance on the matter is, but you can't deny that an XBL update or any update that contains an xbe file is not copyrighted code, and it is pirating if you distribute it. BTW, I am not at all afraid of Tecmo and was a regular at NinjaHacker, but I didn't go around distributing the xbe files for the games, whether they were from the original game disc or an XBL update. Get your damn facts straight.
