The answer to your question is "Signed code".
All originals are digitally signed for the xbox to recognize the game.
Now, when you create a backup of your original, the signature doesn't move over your blank media, making your new and shiny backup a non-signed disk. The only way to reproduce non-signed code, is with a bios that allows this signatures to be bypassed, and that's when Evox, X3,X2, IND-BIOS, etc come in.
Now, as we all also know, if you go on live with a bios that can reproduce unsigned code, it means that you're either with a modchip, or sofmod, and the feared ban is certain. The only bios you can load on XBOX Live is the M$ retail bios, wich checks for the signatures.
Hope that explained it.