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I'm a little confused now.
Correct me if i am wrong.
1. I maybe don't have to apply a firmware flash for my xbox 360 DVD drive
2 Set bit setting to DVD-ROM (With Nero or program that Will work)
3 Burn copy of owned COD2 <Legal !> with burner software with "Use current recorder setting" <For Nero>
4 Insert game and Play ?
Or do i really have to use the new firmware ?
I have Hitachi

so maybe this is tha answer for playing COD2 unscratched ?
You really have to use the new firmware, Setting booktype to dvd-rom is required to play backups