An Aussie mod-chip company has posted plans for circumventing the use-restriction tech in Microsoft's Xbox. In order to get the plans, you have to agree to a click-through license that binds to you seeking any legal redress in a Queensland, Aus. courtroom — the Queensland court having already ruled that mod-chipping is legal. Now the company is daring Microsoft to sue them — and lose — under the terms of the click-through.
Intellectual property lawyer Simon Minahan says Microsoft is bound by the actions of its workers, who agreed to download the designs under the terms of the click-wrap agreement. "In actual fact it would be a little disappointing if they couldn't sue me," says Sparks, known as "Donatus" in the mod chip underground. "You see, I'm quite happy for them to take us to court, I just want to see it happen under conditions where we win.
"In order for them to argue that they have not agreed to these conditions, they would have to acknowledge that click-through legal agreements are not valid – which is something that I think would be very funny to see Microsoft doing."
(via Dan Gillmor)
