QUOTE(Gash @ Oct 25 2007, 06:18 PM)
I agree with what you're saying. So how would we determine the primarily designed purpose? Would the creators of the chip have to say "designed to allow customers to play legal backed up copies of games?" And if so, would that hold up in court? Even if it doesn't, I still believe the consumer has to be the one to point the finger at, not the developer/distributor. Hell, even if you install the mod chip in the Xbox and then sell it (like you could easily do on eBay or Craigslist) you're not telling your customers to use it to play illegally obtained games on it, you're just giving them a gaming console with a device that has a predetermined purpose, to play backed up games. It's up to the consumer to go out and search for games to download, just like it's up to them to stay legal and only play backed up games that they own.
In regards to premods, here is something that can be argued (found this on google answers):
"In many countries it is necessary for manufacturers to place recognised standards compliance marking on products. Any company or individual that modifies such products is at risk of severe penalties in law, especially if the product no longer complies with mandatory standards and causes a problem such as an electrical shock or catches fire. Regarding EMC (electromagnetic compatability), modifications may cause
a product to produce excessive levels of interference that may disrupt vital communications or cause nearby equipment to malfunction or interfere with TV reception."
Personally, I've never found this to be the case with ANY type of mod. But there are reports of certain modchips and even TSOP flashing adding unecessary load to an Xbox which from what I read was hotly debated a few years ago. Aside from that, what about the standards compliance markings? I'm pretty sure no one selling a premod has thought about staying within those standards.
In regards to backups, read this:
http://www.copyright...2chap1.html#117Now if you're providing a 'backup' service, don't even bother reading it cause you're already screwed. The thing is you don't ever hear about Joe Schmoe getting in trouble for backing up one of his games. In fact, I just fixed a guys drive who's Halo 3 got stuck in his 360 drive and the thing wouldn't close. The reason it fell in was because the disc had two cracks on the inner circle. So now, since his box can't read backups, he needs to go pay another $60 for a game that he ALREADY paid for. This shit really happens.