Modded XBox Trading and Legality Issues - How to Trade one Legally

[jgoewert]

*Disclaimer: I'm not a lawyer, just well informed on the XBox scene.*

I've seen a lot of modded XBoxes for sale, on this and other forums, and get bitched at for thread crapping when I state that it could possibly be illegal and how to fix the situation.

Cliffnotes:
Reset the HD to the original state. Remove all installed software
Check the BIOS of your Modchip for legallity.

Long version:
1. The HD in the XBox shouldn't have any ripped software that you aren't including physical copies of in the trade. This would be warez.

2. The HD must not contain any software that has been compiled with the XBox SDK (ala. XDK). This is the most overlooked rule. Software like this would include replacement dashboards, emulators, many tools. The best way to verify if an application was compiled with the XDK is to check this page (http://www.xbox-scene.com/software.php). If it says "no download (built with (MS) XDK)", this breaks the rule.

From XBox-Scene (Link (http://www.xbox-scene.com/xdk.php)):

"Built with (MS) XDK" or "Built with (MS) SDK"
What does it mean ?

It means the software you are trying to download has been compiled with the official Microsoft® SDK (System Development Kit) for Xbox.
This compiler is only available to Microsoft approved programmers and can not be used to build 'homebrew software'.
That's what makes the software you want to download 'illegal' (not in our eyes - as the software itself has completely been written by the programmer - but in the eyes of the law it is illegal).

3. Verify that your Mod Chip does not use a BIOS that is illegal. Most new chips don't use a copy of a copyrighted BIOS anymore, but some originals and homebrews may.

That's it.

[Muttsta]

Man, seriously, who cares?
If someone really cares the party on the recieving end can just format the HD or whatnot.
Not to mention modchips are exactly always used for playing warez games, they can be used for playing imports, hence making them not really illegal.

[bipolar]

Man, seriously, who cares?
If someone really cares the party on the recieving end can just format the HD or whatnot.
Not to mention modchips are exactly always used for playing warez games, they can be used for playing imports, hence making them not really illegal.
I bet most judges would buy that argument ^^;

Seriously, think. jgoewert isn't trying to rain on anyone's parade, he's trying to tell you how you can sell and buy modded xboxes without the possibility of legal difficulties. Why are you opposed to that?

[jgoewert]

Not to mention modchips are exactly always used for playing warez games, they can be used for playing imports, hence making them not really illegal.

3. Verify that your Mod Chip does not use a BIOS that is illegal. Most new chips don't use a copy of a copyrighted BIOS anymore, but some originals and homebrews may.

No, modchips themselves that do not use copyrighted bioses are not illegal.

And no, they are not always used for playing warez. I have 30 games on my HD with the originals sitting in a box in the back room.

[Cold Dark Shadow]

I bet most judges would buy that argument ^^;

Seriously, think. jgoewert isn't trying to rain on anyone's parade, he's trying to tell you how you can sell and buy modded xboxes without the possibility of legal difficulties. Why are you opposed to that?

Agreed, its surpising how up in arms some people get over this stuff without understanding that someone is tryin to help keep it on the good side

[Cardboard Hammer]

... And no, they are not always used for playing warez. ...

I think Muttsta accidentally left out a "not" between "are" and "exactly"... As it is written, the sentence contradicts itself, but if "not" is inserted there, it makes perfect sense.

[ufokillerz]

i will keep this in mind on future xbox sales.

[Falls Included]

basically, remove everything, bioses, games, software, everything software that you can.. the only thing you can do is tell them where to get it from