Well, i have a pal xbox360 with a hitachi drive as of february 2006 (close to launch).
I used live for months with my genuine COD2 disk. However, once i flashed my 360, i NEVER connected the ethernet cable again, letting it stay offline. I played a lot of backups but NOT A SINGLE ONE ONLINE.
The only mistake i did **Keep This out of the posts please*** To be able to go online i had to install the spring update (but i already did not have the fall, since i flashed it before the fall update).
What i believe, apart from the theory of flashed 360s prior to first usage, is that it matters WHAT game you played online and WHEN.
I checked my connection and i can connect to live normally. I just played cod 3 for like 5 minutes.
What i believe is that MS can detect a backup disk without the stealth features (dont really know what these are, just reiterating someone's post that early releases were not stealthy) but not a firmware. After all, if they could check the firmware alone, they wouldnt ban new boxes at all....
Its seems to me that all we have to do is not use backups online at all. Even if they have stealth features.
I doubt they can find a copy provided its stealthy, but just for security, i wouldnt mind not playing backups online anyway. The only game i plan on playing on live anyway is cod2, which is an original.
My 0,02 is this
1) MS can detect backups without stealth features
2) MS periodically scans users (maybe this is the reason some ppl get banned after some time)
3) MS have to CATCH you playing backups without stealth (get caught doing so i mean)
4) MS planted a genuine,stealthy copies/copies without stealth detector in fall update and they kept logs
5) MS starts banning ppl based on logs.
The reason i came up with all this garbage (
) is because i never used backups while flashed. I was offline the whole time. **NOT HERE** I am not banned yet. Of course this doesnt prove anything at all. I might be on the next wave, or it might be because i am in Europe. I dont know how many people got banned here in Europe. Maybe its something MS started for the USA. Who knows. Maybe the logs from the fall update were for the USA. I might got banned just minutes ago and i dont know it. I ll keep checking every now and then, but the only thing i am asking myself is if it would be good to change to the stock firmware. I have to download song packs for guitar hero you see. Also, they might not scan people in the marketplace, but only ppl actually playing online.