Well, I have since re-installed my larger HDD drive and so far so good, I will keep people posted with updates on whether I get banned or not.
XBOX V1.0
X2 Pro
X2 4981 BIOS (boots XBMC from F:\DASH)
Thomson DVD
Maxtor 120GB HDD
Everything on C: is stock
Everything on E: is stock (barring any files that may sneak on there from apps that I'm not aware of)
I have been playing Halo 2 from my HDD for campaign mode and system link, from the DVD for XBOX Live.
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On a side note, I think the marriage theory is completely bogus for one reason, and its a damn good one.
IF your EEPROM and HDD S/N is matched up when you sign up for live, then some point down the road your XBOX is sent in for repairs and they replace your HDD, that means your EEPROM and HDD S/N will no longer match up, which according to the marriage theory equals ban.
Any LOGICAL human being would see that.
Personally I think there should be a more in-depth investigation into it.. I'm leaning towards:
1: MS has secretly flashed the TSOP with an updated version of thier BIOS, allowing them to scan for F: and G: drives.
2: MS is exploiting 3rd and 4th gen modchips that allow themselves to be turned on and off using "soft" methods (holding the power button in for a set time, certain button combos, that kind of thing). This would lend credence to the LPC theory, which I think is the most valid. (has anyone even bothered to find out what modchips these people were using?)
3: Alot of people got banned for "noob" mistakes and are too damn stubborn to admit it. (people who forgot to or didn't know how to lock thier HDD, people who forgot to turn off thier modchip, people who tried to play on live using a copy, or some other error on thier part)