Is Modding/Selling A Modded Xbox Illegal?

[alexk403]

Question is in the title. Is modding an xbox and then selling it illegal? I would think no but I have started to do a little more research and am not exactly sure now. I install R-JTAG xboxes and then sell the R-JTAG xbox with a hard drive with FreeStyle Dash and xexmenu on it. There are of course no pirated games/content of any kind. I am not exactly sure but I think a modded console technically violates the DMCA anti-circumvention law, basically stating that you cannot modify a device that allows it to "go around" DRM defenses in place, which R-JTAG and FreeStyle Dash definitely do. But I do not know is that technically makes it illegal. I was also reading that it would only be illegal in the case of copyright infringement. So does selling a R-JTAG xbox with FreeStyle Dash and xexmenu on it infringe on any copyrights? I know it voids the warranty with MS but that is definitely not illegal, am I infringing on a copyright, and does that make it illegal? Just wondering. Like I said I know it is a whole different ball game when you are selling xboxes with pirated content, but that is definitely not something I am doing. Thanks.

 

[GeekHeat]

U have partly already answered your own question. The answer is NO. As long as u r not going to use it as piracy or have any piracy content on the xbox.

 

[gavin_darkglide]

I think there are other factors, I believe in the US, that it is not legal to sell a modded system, but is legal to install mods for customers, as then you are getting payed for a service, where if you sell Xboxes that are modded, then you are Reselling a microsoft product with modified code, and Microsoft could press charges. The likeliness of this happening isnt very high, as I am sure microsoft is more concerened with the Xbox 1 now.

 

[Taijigamer2]

Like DArkglide said, it depends on the country's particular laws. Xbox 360 is still a massive product for Microsoft so don't be fooled that they haven't got the man power an resources to protect their copyright, but Xbox 360 modding is so common it's probably not cost effective to pursue it unless there's actual copyright infringement. Of course u could just run xell and be completely legal as u are simply using the Xbox to run Linux which is what jtag was originally intended.

 

[Martin C]

Thread closed.

Laws are different everywhere.