People can modify and customize anything they own, Microsoft isn't preventing that here. You can put rocket boosters and machine guns on your car if you really wanted to, but that doesn't mean the state will let you drive it on the road. Just as Microsoft doesn't have any obligation to let you on their Live service with your modded device.
You might get away with it at first, but that doesn't entitle you to use it forever. You might pay taxes for road work, or pay a monthly fee for XBL, but the use of those is a privilege, not a right.
Furthermore, the road to hell is paved with "good intentions". MS can't discern the pirate from the casual modder, and it would be pretty ridiculous to expect them to.
A lot of you are jumping the gun and assuming that everyone that mods their Xbox 360 is a pirate.
Sure, I may be one of the few exceptions to this rule - but when my sister knocked over my Xbox for the first time after getting a brand new copy of Forza 2 about 2 years ago I was heart broken that I just lost $60 in a blink of an eye. Ever since then I've made LEGAL back ups of all of my games and kept the original discs stowed away out of harms reach so that I never have to worry about losing my $60 investment into a disc.
Ever since modifying my console I've lost many of burned games - either from the Xbox being tipped over or just from normal wear and tear - but whenever that happens I just pull out the original and re-rip it and make another copy.
I think that sure this class-action lawsuit is a little over the line but I think Microsoft should at least hear out the legit people in the modding scene. :(
I'm pretty sure that there are conflicting laws on the books as to the legality of modding devices. I know you're not allowed to bypass DRM but you are allowed to expand the functionality of a device. I think that it should be wrong for MS to ban you from using an 3rd party HDD. There should be some onus on MS to prove that the consoles were circumventing copy protection.
In the end you are using a service they provide and if you don't like the way they run it you can go somewhere else. I guess buy two xboxes and use one for online and mod the other?
@Deep-Blue: True, but provisions of contracts can be ruled to be unenforceable or in violation of state or federal law. Just because it's signed doesn't mean it's legal.
@Red_Flag: The contract is not a law, but by signing it, Microsoft is reserving their stated rights and you agree to it. Although a contract is open for interpretation and you can open a case stating your argument, but their terms are pretty explicit about modding.
@yantelope: They aren't saying your can't mod your box perse. They are saying if you do choose to mod your box, you are not going to be using our online service.
@met2art: I was joking. You seemed quite hostile towards anyone who 'modded' their console. I was making the point that putting in a $40 third-party hard drive instead of Microsoft's $150 one, is considered by Microsoft to be "modding." You seemed angry towards modders, so I joked that you were just jealous that you had been suckered by Microsoft into paying $150 for a hard drive that 'modders' got for $40 :)
@JTX: The reference, as implied by the article was based on people who'd modded their Xbox's specifically for cheating purposes, in violation of the TOS. They wanna do that, that's fine, I'm not here to judge... but to then claim that Microsoft is being unfair? It was in the TOS. RTFM, is what I'm saying.
I do not own an Xbox, nor do I use (or have ever used) any Microsoft online gaming services. I am therefor not aware if only upgrading the HDD will result in getting you banned from Microsoft online gaming. If it does then that seems unnecessarily heavyhanded... nevertheless, it's spelled out clearly to not do it. So... to do it, and then complain about unfairness smacks of stupidity and entitlement, regardless of the intent. Hence the no sympathy for the dumb. If I'm wrong, then my apologies to people who are both not dumb and are being banned, even though they did absolutely nothing wrong, and are entitled to upgrade the HDD themselves with no consequence.
Well, seeing as it costs nothing, I'll DL the stuff tonight. I hope that I can stream my ZunePass content from a Vista-powered puter to my XBox. #xbox360update
If you buy a 360 on eBay, be sure to use PayPal. Then if the system is truly banned, you just have to file a claim with Paypal and they will definitely get your money back.
I know this because I sell stuff on eBay all day. #usedxbox360
Buying a used 360 is never a wise idea - that warranty may be needed. I've upgraded from my launch day units to HDMI units a few years ago, sold my launch units for about $100 a piece less than a new unit, and my warranty clock was reset.
Now, apparently, I'm the only person to never have a true RROD, and still warranty three units (power failure during firmware upgrade, lightning friend one completely, took out the ethernet on the other). I would be out a ton of money if MS's warranty was not as good as it is. #usedxbox360
Wait, did you just tell me to buy a new XBox because the failure rate "isn't that low"? That sounds like the opposite reason to buy something... Please clarify. #usedxbox360
@valkilmerisawful: I think the point is that since xboxes are failure-prone, if you buy one it is good to have a warranty on it (or to just skip it and go for something more stable) #usedxbox360
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You might get away with it at first, but that doesn't entitle you to use it forever. You might pay taxes for road work, or pay a monthly fee for XBL, but the use of those is a privilege, not a right.
Furthermore, the road to hell is paved with "good intentions". MS can't discern the pirate from the casual modder, and it would be pretty ridiculous to expect them to.
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Sure, I may be one of the few exceptions to this rule - but when my sister knocked over my Xbox for the first time after getting a brand new copy of Forza 2 about 2 years ago I was heart broken that I just lost $60 in a blink of an eye. Ever since then I've made LEGAL back ups of all of my games and kept the original discs stowed away out of harms reach so that I never have to worry about losing my $60 investment into a disc.
Ever since modifying my console I've lost many of burned games - either from the Xbox being tipped over or just from normal wear and tear - but whenever that happens I just pull out the original and re-rip it and make another copy.
I think that sure this class-action lawsuit is a little over the line but I think Microsoft should at least hear out the legit people in the modding scene. :(
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In the end you are using a service they provide and if you don't like the way they run it you can go somewhere else. I guess buy two xboxes and use one for online and mod the other?
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To even try to declare that Live's contract terms were illegal in respect to modding would be an impossibly uphill battle for the plaintiffs.
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#tips
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I do not own an Xbox, nor do I use (or have ever used) any Microsoft online gaming services. I am therefor not aware if only upgrading the HDD will result in getting you banned from Microsoft online gaming. If it does then that seems unnecessarily heavyhanded... nevertheless, it's spelled out clearly to not do it. So... to do it, and then complain about unfairness smacks of stupidity and entitlement, regardless of the intent. Hence the no sympathy for the dumb. If I'm wrong, then my apologies to people who are both not dumb and are being banned, even though they did absolutely nothing wrong, and are entitled to upgrade the HDD themselves with no consequence.
#tips
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If they say it isn't and it turns out it is then you can take it to eBay and their protection scheme can probably sort it out. #usedxbox360
11/12/09
R-button for God Mode! #thiscyborglife
11/12/09
I know this because I sell stuff on eBay all day. #usedxbox360
11/12/09
Now, apparently, I'm the only person to never have a true RROD, and still warranty three units (power failure during firmware upgrade, lightning friend one completely, took out the ethernet on the other). I would be out a ton of money if MS's warranty was not as good as it is. #usedxbox360
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