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Originally Posted by PKFFW
The firmware of the Xbox is directly related to the Xbox accessing the Xbox live service.
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That's not what is being altered, however, as you'd know with a very little research. What is being altered is not the firmware of the Xbox, but the firmware of the
optical drive in the Xbox, which dosn't affect the ability of the Xbox to use Live.
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1: Unlocking a mobile phone
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Sophistry. It's directly altering critical phone functions, and it has to gain exceptions from the relevant laws on protecting DRM in various countries. It is considered in the consumer's interest to allow unlocking, which is why there are exceptions for it in
some countries.
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Therefore, the claimant must prove that one of these automatically unfair clauses exist.
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Try reading the EULA in question. And no, the judge does not have to rule anything or the defendent do more that point out that the clause is one on the list. There mere existence puts the burden of proof on the company. Period. Don't try and pretend you know anything about the UK court system when you very obviously don't have a clue, and are simply trolling for the heck of it.