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#Septagon

1/25/2011 7:42:35 PM
210

Haven't we already been through this?

From the new rules: [quote]Do not discuss unauthorized modification of console game hardware or software, even if you're not trying to cheat or pirate.[/quote] In my philosophy of law class yesterday, we discussed why exactly laws are so complicated. Everyone interprets them differently, and their meanings change over time. But why does this rule have to be so vague? What's the goal of the rule? To prevent people using Bungie.net to find out how to cheat? To prevent people from using this site to find out how to mod their 360? To stop all discussion on modifications? If it's to prevent cheating, why not just combing this rule with the rule about cheating? "Detailing methods of cheating, including console modifications is not allowed".

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  • [quote][b]Posted by:[/b] Telec This is why they ban people from XBL for it, this is why they void warranty for it, this is why they make it illegal to install your own HDD onto xbox slims. MS don't like Xbox modding, so regardless of what legal rights they have, don't talk about it. In public.[/quote]Bungie is an independent company, making the point about MS rather odd. Additionally, it's not 'illegal' to install your own HDD into an Xbox 360. You certainly won't be able to use Xbox Live afterwards, but it's most definitely not illegal. Who cares about the statement of intent? The burden of regulation was [i]always[/i] on the web team. 'Unauthorised' without a rather significant list of what each manufacturer has 'authorised' basically means 'PM a ninja and hope they can clear it up for you before you start a topic'. This way you just cut out the confusion (as it basically meant 'Yeah, don't discuss mods of any sort') and establish that, yes, the webteam will allow discussion of certain mods, but only ones they deem acceptable. Either you say 'all discussion of mods is forbidden' or you leave the leeway in the rule up to the webteam. It's fairly straight forward, dear. [quote][b]Posted by:[/b] dmbfan09[/quote]You, like Telec, are confusing the 'service' (XBL, Wii Network) with the console. So long as you are not accessing the service, you are welcome to do as you please with the console. However, when accessing the service you are required to only have used authorised repairs and so on, as you are buying a service, not a commodity. Either you comply with their code of conduct, or the contractual agreement is broken. Part of that agreement is that you only get your console repaired by authorised companies/people/whatever, another is that you do not tamper with the hardware. As for Jailbreaking, that's actually covered by an exemption in the DMCA. :P While Apple may view Jailbreaking as an unauthorised modification (although, the question of 'service' becomes somewhat blurry here), it's been ruled to be within fair use. I'm fairly sure that Apple isn't allowed to brick your iPhone in response (as that would be a violation of the contract, much as Microsoft isn't allowed to disable 360s that are modded, only blacklist them from XBL), though whether they could refuse to update your phone or refuse to allow you access to the App Store is another question entirely. I'd generally assume that, yes, they would be within their rights to do that. EULAs are of questionable enforcement in courts of law (they are, yet they aren't. It depends whether they are unconscionable, generally, or whether the wording of the EULA infringes on the customers basic rights of ownership.), so unfortunately they're not iron clad guidelines either. While this may well be the 'established wording', it's also fundamentally wrong to apply the wording to hardware, rather than access to a service. Applying the rules of services to discussion on Bungie.net rather than applying an internally coherent set of rules doesn't make a whole lot of sense. Saying 'we control everything, you have no rights, play nice' and then saying 'well, uh, yeah, don't do anything that these services don't like' is just bloody silly. It makes a hell of a lot more sense just to let the web team decide which modifications they think are cool, interesting or likely to be good for the community to discuss, rather than saying you can discuss anything allowed by however many services you wish to choose. That's at least three - PSN, XBL, Wii Network. But, yes, the rules are much better than they were before. This is pretty much the only rule there's a slight niggle about that I can see, and it's definitely a hell of a lot shorter.

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