QUOTE(xcutnr1 @ Feb 11 2007, 07:53 PM)

Ok, so basically, it is redistributing MS property that is the problem? Is is possible to build similar apps to Unleash/EvoX using legal programs? The problem I run into, is that it is legal to install chips, and it is legal to run unsigned code, and it is legal to use the xbox in any way you see fit, but in order to do most things everyone wants to do, you have to use an illegal app. Is there a way to do everything completely legally? I'm a big fan of fair use, and reprogramming the xbox sounds like the perfect example of fair use. If I wanted to run a different OS on a computer, I could, so why not on the xbox?
Disclaimer: I am not a lawyer, but I am reasonably confident that my previous post in this thread, and this post, are more or less correct as regards the law in the United Kingdom.
Here's the steps you'd have to take to get a modified xbox capable of running legally developed OpenXDK apps without infringing MS's copyrights (I am discounting methods that are only capable of booting Linux as I already mentioned that in my previous post):
1) First you need a way of running unsigned code at all. The only way I'm aware of that doesn't involve MS code is using the dashboard font exploit to launch nkpatcher. This requires that you get hold of an Xbox that already has a sufficiently old dashboard that the font exploit works, as you can't download the old dash for this.
Aside: All available modchip bioses capable of launching XBEs are unauthorised derived works from MS's kernel, so a chip is not an option unless you were to write a new bios yourself (copyright law does not prohibit you from modifying the MS bios that's on your xbox, it only prevents you from copying/distributing it). It might be feasible to write a program which takes a dump of a retail bios and patches it in the same fashion nkpatcher does, which could then be flashed onto a modchip and used. This still technically involves copying (dumping your own bios is still making a copy) but could possibly be argued to come under fair use.
2) Once you have a way of running unsigned code, you need some kind of dashboard/launcher to boot from it. OpenDash is an OpenXDK based dash but it is not complete and may or may not do the things you need it to. Any XBE developed without using MS tools is a legitimate choice, though.
3) Last, you'd actually have to have some OpenXDK-compilable apps to run. There aren't a great number afaict, and the most popular homebrew app for modded xboxes (XBMC) is a very long way away from being able to be compiled by OpenXDK =(
The other legal issue aside from copyright is the DMCA (and its EU analogue, the EUCD), but I expect that if you had gone to all this effort to use OpenXDK software you could easily argue a significant non-infringing use for interoperability purposes.
So that answers the technical and legal issues to the best of my ability.. but your post raises a philosophical issue as well: why have MS chosen to make the Xbox this way? In short, it's just their fears of illegal copying of games. MS are demonstrating with XNA for the 360 that they are not completely blind to the possibilities of homebrew software, though this is a relatively recent development and they may not have thought the same way when the original Xbox was being designed. The original Xbox does not have the security provisions the 360 does - XNA apps are pretty effectively sandboxed first by the CLR environment they execute in, and second by the 360's internal security hypervisor, and it's relatively easy for MS to assure themselves that it is not a likely path to enabling illegal copying of games. The original Xbox's security is, by necessity of their using standard components as much as possible, a rather more all-or-nothing affair: there was no easy way they could've allowed homebrew while preventing illegal copying. Every hardware or software based exploit for the original Xbox can in theory allow the use of illegally copied discs (even the way I describe in this post).