Ahh, but ARE they?
If you reflash your PC's copyrighted, patented BIOS with a newer copyrighted, patented BIOS, are you infringing copyright? No. If you translate all the text in the BIOS to German, then flash it, are you infringing copyright? No. If that German BIOS were to be uploaded to driverguide.com so that everyone could benefit from a German-translated BIOS, would the manufacturer object? I shouldn't think so.
A "hacked" Xbox BIOS consists of M$ code minus some M$ code plus some non-M$ code.
By flashing your BIOS you're in effect deleting a little bit of copyright material and replacing it with a little bit of non-copyright material. M$'s code is still there. It's just not ALL there.
I thought the copyright was that you CANT change the code at all......And you CANT reuse any M$ code.....????
Don't know about the "change" bit. as for "re-use", well you ain't. It's Xbox code going into an Xbox console. It's not like you're trying to emulate one or build a clone.
Anyway, I don't remember seeing any licence agreement that I had to agree to before I opened my Xbox box, so fuck 'em. M$ should be grateful that hackers are making it easier for Xbox owners to "afford" games

and play them. The fact that [chipped] Playstation owners were able to get games for a fiver helped Sony slaughter higher-spec. (and better built) competition from Nintendo and Sega.