[QUOTE=PKFFW;661701]And which part of the Xbox 360 is advertised as coming with Xbox live service? Is it advertised that the Xbox 360
modem comes with Xbox live? Or the Xbox 360
optical drive? Or the Xbox 360
hard drive
No, the law is that only if you alter something
directly related does it matter. Changing the optical drive firmware does not change how the Xbox behaves on Live in any way, or indeed any legitimate function, so that's a non-issue there.
Adding functions not recognised as legitimate by the platform owner does not nullify the requirement of the device to function properly. This has been taken to court with unlocked mobile phones, and the company lost.
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No, I said the burden of proof is on the claimant. Not that the claimant has to prove the term is unfair. You should take some reading and comprehension classes I think.
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And you need to read my posts. The burden of proof is not on the claimant for terms which are recognised as being unfair. This is a basic principle of UK contract law.
Hellmark -
It does happen. Consoles with only silver can and have been banned.
LoZeno - What differentiates a sale from a service in the UK is how it's sold.
Also yea, if you were one of the hardcore hackers and has a previous keydump and and another 360. you can bypass the ban.