Playing Backups on Xbox 360: Is it Legal?
Creating Backup Discs
Some people may think that creating a backup copy of an Xbox 360 game is illegal since they are copying the game without permission. This is not always the case. Actually, if a person would like to make a backup copy of a game that they legally own, then that is completely legal. However, if that person does not own a retail copy of that game, it is illegal for them to own a backup copy. Furthermore, if said person makes a backup copy of their original Xbox 360 game but then loses the original, they must also destroy the backup copy. Obviously, it is illegal to own a backup copy of any Xbox 360 game that you have never owned.
Modding Your Xbox 360
In order to play all of those legal Xbox 360 backup games, one must first mod their console in order to allow it to read the non-authentic games. However, modding your Xbox 360 in this way is illegal. Basically, when a gamer goes out and buys an Xbox 360 it belongs to the gamer. However, Microsoft still owns the rights to all of the software and firmware that makes the console operate. If you take that software/firmware and alter it in order to decrease security, thus allowing backups to be played, you are violating the law.
Most likely you will not be arrested for breaking this law. There have been cases where Xbox modding services have been shut down by authorities and legal action was taken. There are many gamers out there who mod their own Xbox 360s that have not been caught. However, if Microsoft finds out, you will be banned from playing games on Xbox Live. In addition, when you open the case of your Xbox 360, your warranty is instantly voided.
The bottom line is this. Making backups of games you own is legal. Modifying your XBOX360 to play your backups is illegal. So what is the point of owning backups that you cannot play? Good question.
Published by Tony Miri
I am a recent dropout from college. I was pursuing a degree in English when I realized that it was pointless. I was perusing the internet to find any way a writer can make money online when I came across... View profile
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5 Comments
Post a CommentI don't understand at all how you would be breaking the law by modding a piece of hardware that you legally own. How on earth would Microsoft have a case against you?
i was caught buy homeland security 3 months ago i will see if they try to charge me i dident even mod a xbox 360 for them just some people ill see if im in deep sh1t by the end of next week theDA may let me go i live in san diego
This is the interesting topic of discussion. Ican see how microsoft would have a problem with 360 being modded, but here is the trick, This is a case of selective law punishment. Let me explain, if you buy a car and mod it this is legal because you bought the car it is yours. If you change the specs or intensity on a dvd player its legal because it is yours. If you buy a computer and change the operating system it is legal because it is yours. Do you see the trend happening here? But since microsoft has cornered the market on online gaming then selectivly you can get into trouble for messing with their software. This is another prime example of monopilization on the part of microsoft. If you have bought and purchased their product then it now belongs to YOU!! that also means any software on the box also belongs to you and we should be able to do whatever we want with it. Now if microsoft wants to dispute this fact then thats fine just keep kicking people off of live because in the long
You're right, it's not illegal to mod your console however it is illegal to reverse engineer and use, in full or in part, the firmware Microsoft wrote and copyrighted.
By flashing your console with this iXtreme firmware you are breaking laws. You are in breach of Microsoft's copyright. The iXtreme firmware is based on Microsoft's firmware and thus copyright infringement.
HOWEVER, in some countries it is ILLEGAL to stop people being able to make or use backup copies of anything they own.
The bottom line is, in order to play a backup you require software which is in breach of copyright law as it has been altered from the original without the permission from the author.
Making a backup is legal but it's only uses would be as a coaster or a frisbee.
MS has the right to ban anyone from Live for any, or no, reason. Check the terms of Live! and it clearly states those words.
It is not ilegal to modd you 360 because you are the owner of the console/hardware. as you stated it is legal to create one backup of the game you own but ilegal to own a backup that you do not have original of. So MS still has the right to ban you from LIVE bue to it being an invite only arena. But MS just makes you gilty with no proof. That is wrong
thanks