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Originally Posted by Sonist
Bleh, we are not getting anywhere.... It doesn't matter who did the modification. What matters is, did the manufacturer show, that modification caused the failure.
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At most the manufacturer would only have to show that the modification played a part in the failure.
Since it is clearly stated that a modded Xbox will cause MS to ban that Xbox it would be easily argued that the mod played a part.
Quote:
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Originally Posted by Sonist
Yey! You got it  |
You are the one who brought up the Magnuson-Moss Act. I assume because I included "voiding warranty" with "not required to perform as advertised."
Ok, you got me, the Magnuson-Moss Act could be used to ensure that your warranty isn't voided if you mod your Xbox.
It wont mean diddly squat when it comes to being banned from Xbox live, a value added service that has nothing to do with the warranty, which is what we are really discussing.
So why did you bring it up in the first place?
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Originally Posted by Sonist
But then, EULAs are mostly there to scare the sheep, and to provide some bootstrapping opportunities for the provider in a lawsuit. I bet they even specified the venue MS wants somewhere in this particular EULA....
Have a beer, and never, ever, ever mod anything.
Oh, and keep a length of rope handy, you never know what's in the next EULA you agree to.... 
Cheers! |
I would agree parts of most EULA's are there to scare people. Other parts are there to ensure the end user plays by the service providers rules. Which is of course their right.
Cheers,
PKFFW