QUOTE(spac3d0g @ Nov 23 2009, 05:49 PM)
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I wanted to add to this long thread the Xbox live TOS.
http://www.xbox.com/...gal/LiveTOU.htmMicrosoft will win any lawsuite regarding this issue brought forth because of this, and are well within thier rights to Ban Live functionality for all these users. Eveyone on Live accepted this TOS and these rules when signing up. Effectively you all are in a contract with MS and modified consoles are in violation of that contract and by the rules of that contract MS can take the actions it has outlined. ( I read all TOS for anything I am signing up to. You should all as well.)
Excerpt from the TOS that pertains to this disccussion:
Service Operation and Equipment.
The Service may only be accessed with an original Xbox, an Xbox 360 console, a personal computer, or other device authorized by us, or by logging into your account via Xbox.com .
You agree that you are using only authorized software and hardware to access the Service, that your software and hardware have not been modified in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads), and that we have the right to send data , applications or other content to any software or hardware that you are using to access the Service for the express purpose of detecting an unauthorized modification. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute,
or use for other purposes the Service, any game , application, or other content available or
accessible through the Service, or
any hardware or software associated with the Service or with an original Xbox or Xbox 360 console is strictly prohibited and [/u] Microsoft may take any legal action it deems appropriate against users who violate Microsoft's systems or network security ,this contract or any additional terms incorporated or referenced in this contract, and such users may also incur criminal or civil liability.
..... THE SERVICE...over and over again... they have no right to modify the hardware in any way besides pertaining to the service... it's is more than explicit! Now, why do people keep thinking this gives them the right to remove features that go BEYOND the service? I am baffled!
You can argue that the HD is used for the service BUT it is not
1- A requirement to use the service
2- A peripheral made exclusively for the service.
The XBOX 360 is not Live exclusive hardware or you would be force to pay the Gold fee to even be able to use it (hence, it would have them be able to modify the hardware to their liking since one couldn't coexist without the other otherwise).
Now, if we spoke about Xbox Live Vision, otherwise useless offline, then yes, you are screwed because all the features of it require you to have a Gold Live account to take advantage of it.
Now, the HD is used to store local data PRIMARILY, including the ability to Install games to the hard drive to alleviate the lens stress and avoid game scratching (it can't be regarded as a luxury feature since it's available to everyone that has a HD installed) and SECONDLY to store Live content you can buy or download free during your use of the service.
Even then, yes, they are not modifying the drive in any way. They are modifying MY SYSTEM to sabotage MY DATA that is writen to MY HARD DRIVE but the system is already Live banned... so what harm is there in having the console continue to sign this data for itself? Now, if you said the console's written data was NOT Live valid, that would be a fair deal. Have my data and downloadable content work on other sysdtems but not be accepted as valid to Gamerscore point redeeming. But to make it invalid to other consoles as well is rather going overboard in security measures.
It would be fair to have this data even be rejected by the service if someone uses my HD to access this data online using the service, I mean, after all, this data was written from a forbidden system. But offline, it would still be available and fully functional.
That is what I understand would be fair... if MS took the time to develop all this background checking code then I am sure they can make less careless software to guarantee people their right to work with their system outside the service however they please. Modifying my hardware is my business. MS can only retaliate against me if I am modifying my system to use their service and even then, all they should do is limit my system from accesing the service.
Who here believes what I just proposed is unfair? It
1- Protects Microsoft and other Live users from the modified hardware's data by NOT accepting it while the system is on the Live service.
2- Protects the end customer's right to freely use their system as it was originally intended from its retail state even if they have been caught using the service on modified hardware.
This is the only way I'd find it fair for them to "corrupt" my data. It wouldn't be regarded as corruption, just as data undeemed for Live use... and MS has every right to in that case! But not outside of Live. That's just trespassing in my property.