What is illegal and legal with Xbox 360?

[akasixcon]

What I'm Doing:
- Flashing friend's Xbox 360 so they can play "backup games"

What I want to do:
- Expand to my local community and flash people's Xbox

Critics Say:
- It might break people's Xbox and out of warranty
- Getting banned on Xbox Live

I say:
- I've flashed the hardest drive (Lite-On) flawlessly multiple times and its really hard to mess up.


I'm trying to make a disclaimer so Big Brother won't bust my dorms. Any tips or ideas?

 

[CalcProgrammer1]

Theoretically you're not doing anything illegal as long as the firmwares you are flashing are not copyrighted. The illegal part is downloading/burning/playing "backups".

 

[C0RR0SIVE]

That hasn't been defined yet Calc, only thing ILLEGIAL is downloading the games from someone other than your self. You can burn as many copys of your game and keep in your possesion as you want as long as you dont give it out or sell them copys to anyone.

Either way, I wouldn't do it as it voids warrenty, people could easily end up taking you to court if there unit fails shortly after.

 

[CalcProgrammer1]

Not to mention it gets you banned from Xbox Live, I would have a disclaimer stating that you aren't responsible for any Xbox Live bans, that it voids your warranty, and that downloading games is illegal. However, check the firmware file itself, if it is a modified copyrighted firmware, then it is illegal to sell it to people. You could get around this maybe by having the customer download the file and bring it to you.

 

[KSoD]

The big thing is are you talking with Live?

Cause one of the things it does say:

5. How You May Not Use the Service.

In using the Service, you may not:
use the Service for commercial purposes (except as expressly permitted by us);

So if you tried to use this as a money making business. That is against their rules unless you get permission.

engage in, facilitate, or further unlawful conduct;

Yeah there goes the downloads.

use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;

I am pretty sure that flashing the system would be considered unauthorized modification....

damage, disable, overburden, or impair the Service (or the networks connected to the Service) or interfere with anyone else's ability to access or use the Service;

I am sure that flashing the BIOS could cause interference with their ability to access the service....

That is just the Live TOU. I havent even looked at the XBOX one yet. So yeah i am pretty sure that most of the stuff that these BIOS Flashes can do would constitute being against the Terms of Use expressly displayed by Microsoft would would make it illegal. Since it encompasses more than just playing "backups".

 

[akasixcon]

As mentioned in my other thread, can't all the legal issues be waived if I let them sign a contract saying that:

1) I'm not responsible for any damage done during or after the flashing process
2) I'm not responsible for your ban in Xbox Live in the future
3) By opening your Xbox 360 it voids your Warranty
4) Its illegal to download and burn games

I mean its not like I have a business or anything. People in craigslist charge people for many things such as fixing computers and such and they are not a business. Any other thoughts?

 

[KSoD]

If someone would be dumb enough to sign that type of wavier to say yes you can do whatever you want to my XBOX and possibly get me kicked for life they deserve it.

So what if people do it on Craigslist? Doesnt make it legal and yes it can still be considered a business since you are using a form of advertising.

So sure you can get some poor sap to sign the wavier and possibly have a system that is crippled and cant be used for half of the reason it was bought. With no responsibility on your behalf.

But that doesnt mean they wont report you to Microsoft either. Even if a wavier is signed.

 

[CalcProgrammer1]

Well, if they go into it they will be well aware of the possible consequences of being banned from Live. It isn't like people don't sell modded 360's on eBay for profit, with buyers knowing that they could be kicked from Live on their new modded console. If you violate the Live Terms of Service then you can get kicked, but you do own the hardware and you can legally put what you want on it as long as you don't violate copyright in doing so.