Debunking MakeMHz

[NeMesiS]

 

In response to: History of breaking licenses of open source projects.

I can only assume that he's referring to my XeniumICE design of which
I did before there was even an OpenXenium GitHub...

Should I clone the "Xenium Ice" - Page 3 - www.emuxtras.net

 

[NeMesiS]

In response to: and is working on a 1:1 clone of the XboxHD+ and he's public about it.

XeniumMods v3.xx SneakPeak! - Page 1

The whole point of being public was to avoid such accusations by being transparent about using Ryzee's XboxHDMI GitHub for the starting point of my design.

https://github.com/Ryzee119/XboxHDMI-Ryzee119

These were still early days of the developmental phase and would eventually come across a proper datasheet and evaluation schematic of which can be obtained from Analog Devices website.

ADV7511_ADV7343_Eval_Schematic.pdf

 

Edited December 6, 2023 by NeMesiS

[NeMesiS]

Somehow Ryzee among others, convinced themselves that I was going to use MakeMHz firmware and are still accusing me of it as if I'm currently selling HDMI mods with MakeMhz firmware.

I would like to see some solid evidence of this please before you go spreading false assumptions as fact. There is no proof of this as I have not sold a single HDMI mod thus far, nothing more than an attempt to defame my character.

I clearly stated what my intentions were in regard to firmware, well before I was attacked by the MakeMHz camp.

Option 1: Community based firmware
Option 2: Sub-contract a professional

 

Edited December 6, 2023 by NeMesiS

[NeMesiS]

 

56 minutes ago, RMM said:

I noticed Ryzee's github for the open source HDMI project was changed today to archive mode

"This repository has been archived by the owner on Dec 5, 2023. It is now read-only. "

https://github.com/Ryzee119/XboxHDMI-Ryzee119

 

It would seem the same has happened to OpenXenium.

https://github.com/Ryzee119/OpenXenium

 

[lOgIcAl]

On 12/3/2023 at 9:30 PM, Dtomcat18 said:

I stated it was my personal opinion.  The difference for me is that xenium was dead and no longer available.  Team xodus (or who is left out there) obviously didn’t care.  In this case (again my opinion) would be IF This is simply a clone, the HD+ is still being made and the creator obviously doesn’t it want it to be cloned.   As for the subject of this thread… they came out hours from each other… so it’s obviously not a clone.   All this is my opinion only 

Nothing of much hoohaa, just interest really. I sold an openxenium years ago to funnily enough, one of the original team  He was friendly, totally at ease and just happy to get a new chip without having to make one as he didn't really do soldering either. Was quite funny. He got fed up chasing an original ICE, didn't have time.

[NeMesiS]

3 hours ago, NeMesiS said:

In response to: History of breaking licenses of open source projects.

Or they might bring up how the XeniumProgrammer upload that I created, the very thing I was giving out to the community and was taken down via DMCA by Dustin only within a few days of posting.

Either because I didn't OpenSource the project to GitHub within a timely enough manner or that it included XeniumOS which can easily be found on MakeMhz GitHub or elsewhere.

All I wanted was some feedback from the community whilst also releasing what I had worked on so far, including my python script and schematic that I created from scratch. Since it seemed MakeMhz was just going to continue to DMCA me, I figured there was no point in creating a GitHub repo.

And if MakeMhz recent actions are anything to go by....

 

Edited December 6, 2023 by NeMesiS

[NeMesiS]

21 hours ago, NeMesiS said:

In response to: History of breaking licenses of open source projects.

 

For the sake of argument and since MakeMhz keeps insisting that I'm stealing he's firmware.

Hypothetically If the community wanted to use he's firmware they should be able to in
accordance with the GPL license that Dustin refuses to honor.

However, the below article sums things up perfectly...

How Narcissists Blame and Accuse Others for Their Own Shortcomings (psychcentral.com)

There are some interesting key points under "Manipulation Tactics"

• Deflecting - By deflecting focus from their own wrongdoings, the manipulator expects that others will forget about them and will ignore or even forget about what happened.
• Putting Others into Defense Mode - Instead of addressing peoples concerns, admitting fault, or examining their own problematic behavior, the manipulator attacks others. 
• Lying to Look Better - Narcissistic manipulators try to make themselves look better by putting others down. But after a while it's clear that most, if not all, of the things coming out of their mouths are blatant lies.
• Victim-Blaming and Playing the Victim - If you challenge them about their lies or stand up for yourself, they immediately start playing the fragile victim.

 

 

 

 

[OGXbox Admin]

DO NOT SELL Pre-made hd+ clones here. I will perma-ban you. 

DO NOT POST THE FIRMWARE HERE or link to it. If you have, remove it. I've searched and can't find it so I'm hopeful that it doesn't exist here. I have also not received a DMCA takedown notice. I've looked and have not found one. If I did, I would remove the requested thread and prepare a legal defense. I understand people have strong feelings about this brand. I haven't taken the time to care or have an opinion on it. While this site is about unlocking the original xbox to do things it was never meant to do now that it is no longer being produced or turning a profit for its maker, it is not meant to bring harm to anyone at all. The intent is actually quite the opposite.

I have no dog in this fight and I hate to see this drama happen. I am just trying to understand from a legal perspective what is actually going on here. To understand any potential litigation I have a couple of questions people here might be able to help me answer.

1. Is the firmware obtainable via that github page(or was it ever)? Meaning, is the firmware that is being discussed to not be flashed to their official product but instead a cheap third party device available on that github? Can it be downloaded there instead of extracted from their hardware?
The entire GPL argument hinges on this answer. I GUARANTEE a court would find that only the software / firmware listed on the github page where the GPL license is displayed is covered by the GPL IF any is listed. Firmware that could not be obtained there, but could only be obtained via special hardware and software would almost certainly not be covered(meaning the firmware being read from the hd+ and dumped to a file that can then be distributed). These questions would be asked: "What firmware is shared under GPLv2? Is it explicitly listed? Can we implicitly assume from this statement that ALL firmware is covered or only firmware on github or explicitly listed in the license statement? Absent any firmware being available on github, it may be reasonable to assume that the firmware in question IS covered since any other firmware is absent." Meaning, if no firmware is available on github, you could have ONLY been speaking about THIS firmware.
Finally, the question would arise if it was ambiguous that this firmware is covered under GPLv2: "Why would a person purchase a product with this firmware, then extract it other than to replicate the product?"

 

2. Under the DMCA, is anyone familiar with a provision within it that EXCLUDES the DMCA protection of code that circumvents copy protection from itself being copied and circumvented? In other words, if you have a piece of code that circumvents copy protection, can you still insist the DMCA protect your code from circumvention? Once the HD+ required the modchip component instead of JUST the hdmi mod, this would become very relevant.

There IS an exclusion for devices no longer being produced and profit being drawn from them. That's why sites like this can exist. We don't advocate for or even want piracy, but I am aware some people could use the information obtained here for those purposes. I absolutely would NOT have facilitated this site if the subject of this site were still in production and generating a profit for its maker. I waited to launch this site until not only that console generation had been sunset but also the following generation. They were in the third year of their third generation console before I launched this site covering the first generation console JUST to ensure no harm was caused. Also worth noting, this site does not generate profit. It operates at a net loss every month. It's not full of ads. There is no paywall. Therefore, I'd prefer to not be sued. I do this to bring people into this hobby together and no other reason. Topics like this REALLY sour me on it and make me wonder why I even do this at all. 

So that means if someone does find the provision in the DMCA that I asked for, that it's STILL murky because the Xbox is not a current product that yields profit yet the HD+ is. It can come back into question though because the second product's usability and thus profit depends on the first product being exploited (protections circumvented). If YOU are now turning a profit on that particular device by way of your own device, are YOU protected? I've not found a ruling for precedent on that. It would be very expensive for any party that decides to get some clarity here.

3. Does anyone have a link or screenshot to the product in question saying to obtain and use MS firmware 5838? 

Question 2 can nullify this question but most likely would not. It could show a bad faith argument that a product that "patches" the firmware of another to make it perform in a way other than it was designed and to enable circumvention of copy protection cannot be afforded legal protection. It's applicable because they are requiring a user to go out and find a dumped firmware, and apply it to their hardware in EXACTLY the same manner their litigation would seek to protect them from.

(Found here before posting: https://makemhz.com/blogs/news/announcing-project-stellar-plus-more)

 

I'm going to editorialize for a moment here... and please remember that I don't know the back story (please don't tell me on this website) of why people seem to dislike this brand or at least one particular individual behind it. I only see the dislike from certain people and of course unhappy people are the only people you ever hear from. Satisfied people never say anything. With that being said: This "discovery" could have been released with unique and original firmware and nobody would have had a single possibly legitimate legal complaint. It appears that it was released specifically to take a jab at this company, and I believe that is why it got the reaction it got rather than just passive-aggressive commentary in a discord somewhere. 
Could we all just start making better decisions and not acting out of personal animosity? If someone is truly as bad as some say, they will self-destruct on their own without your help. It's important to not become the villain when you're trying to be the hero. That is a lot more difficult to do than people realize and we've all been there. I'm NOT talking down to you as though I'm smarter or better. I've been petty in the past. I'm only trying to share advice I wish I would have had. 

[dtomcat]

@OGXbox Admin
 

1.  Was only available via MM and came with a license saying it can not be shared, distributed, or used other than recovery of your own HD+ (seen posted from MM… not personal experience)

2. HD+ does not circumvent protections itself… and can be used without a modchip. The bios patches (that do require a modchip/TSOP flash makes it more stable video) … my understanding as I was looking into it

3.  It does require 5838 to pull assets from it that cannot be distributed … but that is project stellar and not the HD+ that the firmware in question comes from  (prior to stellar HD+)

[RMM]

Its pretty simple.  Any modification that bypasses Xbox security for any reason is illegal under U.S. law and a violation of the DMCA.  This is not a gray area and never has been.  You cant claim copyright of an illegal product that infringes on Microsofts copyright.

https://ipmall.law.unh.edu/sites/default/files/hosted_resources/CyberCrime/CyberCrime_DMCA_Rocci.asp

Edited December 7, 2023 by RMM
clarify

[NeMesiS]

Hello OGXbox Admin,

I would like to discuss some of your queries as best as I can, I understand that there have
been many things that have been taken out of context on both sides of the fence.

 

10 hours ago, OGXbox Admin said:

1. Is the firmware obtainable via that github page(or was it ever)? Meaning, is the firmware that is being discussed to not be flashed to their official product but instead a cheap third party device available on that github? Can it be downloaded there instead of extracted from their hardware?

Within the HD-Plus-App repo there is a file called "firmware.xbe" and if you have the know how the firmware can be extracted. Every release of this app also contains the "frimware.xbe". Then it hit me, I've technically already been unknowingly distributing he's firmware in the form of the HD-Plus-App for years, not to mentioned that I forked the GitHub.

Seeing that unsuspecting people using this GitHub could potentially be breaking the law by redistributing it. If MakeMHz claims are true, then the "firmware.xbe" should have never of been a part of the GitHub in the first place to prevent this scenario. Unless stating otherwise, the contents of the HD-Plus-App repo should be covered under GPLv2 from what I understand.

 

10 hours ago, OGXbox Admin said:

2. Under the DMCA, is anyone familiar with a provision within it that EXCLUDES the DMCA protection of code that circumvents copy protection from itself being copied and circumvented? In other words, if you have a piece of code that circumvents copy protection, can you still insist the DMCA protect your code from circumvention? Once the HD+ required the modchip component instead of JUST the hdmi mod, this would become very relevant.

I mentioned this in a previous post. I think this mostly applies to the Stellar modchip and a good way to determine if it's a copyright circumventing device is to see if it allows users to play copies of games. I personally have not used a Stellar modchip but seeing that ISO loading is a key feature of the device I would assume it does which would void any DMCA protections I would assume.

 

10 hours ago, OGXbox Admin said:

There IS an exclusion for devices no longer being produced and profit being drawn from them.

I could see this applying to the consoles since they are no longer manufactured, however Original Xbox Games are still being sold on the Xbox Marketplace. I think hardware and software need to be looked at separately to get a better understanding of things.

 

10 hours ago, OGXbox Admin said:

Topics like this REALLY sour me on it and make me wonder why I even do this at all. 

I sincerely apologies for any negative that I may have brought onto this website as it was not my intention.


 

I didn't want any of this to happen nor did I expect it, for the most part I kept to myself.
I never had any hard feeling towards MakeMHz as I have not really interacted with him or
he's colleagues prior to their attack on the thread where I would post about my developments.

I stated from the very beginning that I was using Ryzee119's XboxHDMI github as a starting point,
which happens to be very similar to MakeMHz XboxHD+, inherently my design would also be similar.
I've somewhat hit a brick wall with my design and am not sure where I'm going wrong, it's become
so frustrating than I'm just considering starting over. Calling me out on something that's still very much
a work in progress unfair. Some friendly advice on what I could do different would go a long way.

In the meantime, I've been approached by a number of devs requesting hardware to help them in
developing a firmware. Unfortunately, I wasn't able to help them at this point in time until someone
worked out how to wire up a STM32 dev board to the XboxHD+. I was requested to make a
plug-n-play board that would be much easier to work with.

I don't intend on selling the Stellar Elimination Module as it was primarily for developmental
purposes as requested, it's in my best interest in supporting fellow developers with similar goals.
With the announcement of Legacy addon I decided to share our findings with the public.
The sooner I did the less likely MakeMHz could all me out on cloning yet another one of he's devices.

 

What would you have done differently if you were in my position?

I look forward to your feedback or any follow up questions you may have for me.
I only hope that things can be resolved and made clearer for us all to understand.

Sincerely, NeMesiS

Edited December 8, 2023 by NeMesiS

[RMM]

2 hours ago, NeMesiS said:

I mentioned this in a previous post. I think this mostly applies to the Stellar modchip and a good way to determine if it's a copyright circumventing device is to see if it allows users to play copies of games. I personally have not used a Stellar modchip but seeing that ISO loading is a key feature of the device I would assume it does which would void any DMCA protections I would assume.

You dont even need the device to be able to play copied games for it to be a DMCA violation.   If you bypass the security for any reason without an exception it is a violation.  MakeMHz's HDMI requires a modchip to work.  The fact that he says he runs non Microsoft code on his Stellar (which I dont believe) doesnt excuse MakeMHz from a DMCA violation.  He is still bypassing Microsoft's security code in order to boot his Stellar and have his HDMI mod function.  You can not claim copyright on a device or computer code that violates another companies Intellectual Property.  He would be laughed out of court -that is if he could even make it to court because you have to be able to register your copyright before you can make a court claim in the first place.

And last, MakeMHz has already been legally notified by the HDMI Licensing Administration for Intellectual Property Infringement on his HDMI product 

https://twitter.com/LoveMHz/status/1729605514349187514

 

[Ernegien]

3 hours ago, NeMesiS said:

I stated from the very beginning that I was using Ryzee119's XboxHDMI github as a starting point,
which happens to be very similar to MakeMHz XboxHD+, inherently my design would also be similar.
I've somewhat hit a brick wall with my design and am not sure where I'm going wrong, it's become
so frustrating than I'm just considering starting over. Calling me out on something that's still very much
a work in progress unfair. Some friendly advice on what I could do different would go a long way.

As a crappy hobbyist EE, I'd be interested in hearing more about some of your main design decisions. For instance, why did you elect to go with a supplementary QSB when Ryzee didn't? What does this circuitry do exactly? Do you think the same QSB would also work with Ryzee's board as-is? If this is truly your design (because it clearly differs from Ryzee's on account of it not existing in his design), you should have no issues going into further detail as to how it works on a technical level, right? Otherwise, why would you include it? There are plenty of other actual differences between yours and Ryzee's, but not so much between yours and MakeMHz's, which I just find odd I guess

[RMM]

54 minutes ago, Ernegien said:

As a crappy hobbyist EE, I'd be interested in hearing more about some of your main design decisions. For instance, why did you elect to go with a supplementary QSB when Ryzee didn't? What does this circuitry do exactly? Do you think the same QSB would also work with Ryzee's board as-is? If this is truly your design (because it clearly differs from Ryzee's on account of it not existing in his design), you should have no issues going into further detail as to how it works on a technical level, right? Otherwise, why would you include it? There are plenty of other actual differences between yours and Ryzee's, but not so much between yours and MakeMHz's, which I just find odd I guess

You know what I find odd?  Ryzee came out with his open source design in 2019

https://twitter.com/Ryzee119/status/1155633773985198080

https://twitter.com/Ryzee119/status/1186836487049863170

https://www.retrorgb.com/true-xbox-hdmi-mod-announced.html

 

A year later MakeMHz comes out in 2020 with his design and claims he did it all secretly and independently yet uses the same hardware as Ryzee's open source design with some modifications.  Hmmmm.

https://twitter.com/LoveMHz/status/1298526681129455617

 

MakeMHz later goes on to thank Ryzee for being part of developing the HDMI mod

https://twitter.com/Ryzee119/status/1298527270500331521

 

When MakeMHz posts the Halo video comparison screenshot of the HDMI mod, it is credited to Ryzee

https://web.archive.org/web/20200904095848/https://makemhz.com/products/xboxhdmi

 

Something just doesnt seem right about all of this.   Have you and Ryzee financially benefited from the MakeMHz HDMI and Stellar stuff because this complaining about an HDMI project that was supposed to be open source is whats odd

 

Edited December 8, 2023 by RMM

[Ernegien]

9 minutes ago, RMM said:

You know what I find odd?  Ryzee came out with his open source design in 2019

https://twitter.com/Ryzee119/status/1155633773985198080

https://twitter.com/Ryzee119/status/1186836487049863170

https://www.retrorgb.com/true-xbox-hdmi-mod-announced.html

 

A year later MakeMHz comes out in 2020 with his design and claims he did it all secretly and independently yet uses the same hardware as Ryzee's open source design with some modifications.  Hmmmm.

https://twitter.com/LoveMHz/status/1298526681129455617

 

MakeMHz later goes on to thank Ryzee for being part of developing the HDMI mod

https://twitter.com/Ryzee119/status/1298527270500331521

 

When MakeMHz posts the Halo video comparison screenshot of the HDMI mod, it is credited to Ryzee

https://web.archive.org/web/20200904095848/https://makemhz.com/products/xboxhdmi

 

Something just doesnt seem right about all of this.   Have you and Ryzee financially benefited from the MakeMHz HDMI and Stellar stuff because this complaining about an HDMI project that was supposed to be open source is whats odd

 

Since you asked, I'm going to take the time to answer your questions, and then I'd appreciate it if you'd stop deflecting/distracting and let Nem answer mine, deal?

There's nothing odd about Ryzee and LoveMHz doing similar things around the same time frame. We're all friends, some xboxdev discussion (like "this would be cool if...") we've had could have sparked their minds independently, and once they learn of each other's projects, they bounce ideas and suggestions off of each other as they continue to work independently. Both Ryzee and Dustin each have confirmed this on multiple occasions; there's no conspiracy here, so you can take off the tinfoil hat.

Regardless of how similar you think their solutions appear, there are some key differences in how they function which I wouldn't expect non-technical people to understand (which you're clearly using to your advantage when attempting to confuse others into agreeing with your viewpoints), and that's okay. They're also both equally capable of going into great detail about their designs and why they did what they did for various parts of it, which I don't believe Nem can for his judging by his repeated silence when asked simple questions regarding such. This would by far be the easiest way for him to prove his design isn't a clone; if he could actually explain the design which he supposedly created.

Normally PMs are private, which I take very seriously, but the cat's long out of the bag and figure it won't hurt sharing this bit which occurs before your linked tweets. Clearly he's been working on this even longer (probing setup and prototype images followed), and I know some others knew well before me.

What's funny about the Halo screenshot you mentioned, is I believe it's actually mine . I recognize the poor XY offset of the image which I hadn't bothered fixing at the time on my capture card setup. It's also my Halo 1 720p patch being shown in the image for demonstration.

Myself and Ryzee have also stated several times in multiple places that neither of us benefit (monetarily, etc.) from anything Dustin does, hell, I've purchased my own HD+ and Stellar when they came out. It's also getting old that people keep suggesting otherwise, because many in the scene who know me personally would wholly back me up on this, and Ryzee is even more selfless than I. We simply "complain" because we're creators and don't like seeing other creator's taken advantage of. The repeated drama stemming from all this is quite absurd.

[ACE_AU]

Who cares if it’s a “clone” of open source hardware and looks the same? I DONT! Nem owes you NOTHING and i dont get why you persist on being a f*ckhead about it! Move on dude,mind your own business and take your shit elsewhere. No one here cares for your pathetic badgering. Just F the F off. Again you are going out of YOUR way to ruin a thread here on ogxbox. 

You stated on nems other thread that you’d stop your crap and here you are,still playing with yourself.

[NeMesiS]

1 hour ago, Ernegien said:

I don't believe Nem can for his judging by his repeated silence when asked simple questions regarding such.

Simple questions like...

Why did MakeMHz purchase the domains of TeamXodus.com and ModvilleUSA.com then redirect it to MakeMHz.com?

I'll be more than happy to answer your questions, when you start answering mine.

You completely ignored my responses on the other thread just to fabricate your own conclusions.

It seems by this point you know more about my project than I do and the decisions I'm yet to make.

 

1 hour ago, Ernegien said:

The repeated drama stemming from all this is quite absurd.

Correct...

Though, I find it ironic that you don't see how much you've contributed to this situation...

 

3 hours ago, RMM said:

You can not claim copyright on a device or computer code that violates another companies Intellectual Property. 

What's the situation for the Xenium modchip?

I know that having a Cromwell based OS did make it alot easier to sell Xenium modchips.
As potentially illegal bioses didn't need to be pre-loaded unlike the Aladdin, as for example.

Is it legal to install an Xenium modchip with Cromwell bios and turn OGXbox into a Linux machine?

 

3 hours ago, RMM said:

He would be laughed out of court -that is if he could even make it to court because you have to be able to register your copyright before you can make a court claim in the first place.

I assume that not being able to copyright such devices would also extend to the firmware, etc?

I don't see there being any point in discussing all the other claims made by MakeMHz if this is correct.

Dubinhower discussed some things at the beginning of he's live stream yesterday.

At around 29 minutes in, it's mentioned that Dustin is claiming that StellaOS and the bios patch constitutes
fair use because of "interoperability" as so on.... Can anyone shed more light on this?

 

 

[OGXbox Admin]

18 hours ago, RMM said:

Its pretty simple.  Any modification that bypasses Xbox security for any reason is illegal under U.S. law and a violation of the DMCA.  This is not a gray area and never has been.  You cant claim copyright of an illegal product that infringes on Microsofts copyright.

https://ipmall.law.unh.edu/sites/default/files/hosted_resources/CyberCrime/CyberCrime_DMCA_Rocci.asp

You posted an article from 2003 when the XBOX was in its heyday. There is an exemption to the DMCA for obsolete computer programs. The Xbox now qualifies as that. So what was applicable in 2003 is no longer applicable. 

"3. Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace."

https://itlaw.fandom.com/wiki/DMCA_Exemptions_to_the_Prohibition_on_Circumvention

So, imagine you own a collection of OGXbox game disks and would like to play them but cannot seem to find an OGXbox with a working disk drive. They aren't made anymore and aren't available in retail stores like they used to be. Your option is to circumvent the copy protection so you can legitimately play the software you own.

It was mentioned further down that the software is available in "the marketplace" meaning xbox one and xbox series "Store". While the games are the same title, the games have been remastered and are in a different format so that they can be played on the newer consoles. (I'm sure emulation will come up, but if you've ever purchased one you can see it's in xvd format. It appears to be standalone so if it is emulated each title contains the emulator and the rom.) It's far cheaper and faster to pay the 7-10 dollars for the game there (assuming you have a console that can view it there and know it exists) than to purchase an ogxbox, modify it, add a hdd, acquire the title you want, come up with a way to connect it to a modern tv, etc. In other words, even if someone is a filthy pirate of the ogxbox, it's not in direct competition with xbox games playable on modern consoles. 

[OGXbox Admin]

As far as Dubesinhower's video:

I think he's trying to be fair. I also think he has a little bit of bias toward the maker of this product because they have direct communication. I think we would all do the same. You would tend to believe the person you know vs those you don't. 

As far as the argument that stellar would be protected under "Fair Use", there is a gaping hole in that theory. 

Under Fair Use you CAN reverse engineer hardware and software to make your product work with an existing product. 
https://www.eff.org/issues/coders/reverse-engineering-faq#:~:text=Fair Use%3A The fair use,can be a fair use.

For that to apply, there could only be one Kernel revision (that being 5838). As it stands, only v1.6 Xbox's with Kernel 5838 would work with Stellar. If it were only intended for use on 1.6's with 5838, then Fair Use would apply. Since EVERY OTHER APPLICATION of this product would require the user to locate and download 5838 and apply it to their console, Fair Use could not apply. Stellar would need to be interoperable without modifying the original product. Since that is the minority of use cases, it simply does not apply here.

Also see: Blizzard v. BnetD
If the Xbox has a EULA that tells you not to make copies or reverse engineer it, then it CANNOT BE FAIR USE if you do so. The Xbox Dashboards all say not to make copies of the Xbox Software (which you would need to do to analyze them so you could reverse engineer them), invalidating the Fair Use claim.

Edit: I don't say this to take sides. I don't support people taking each other's work and undercutting each other. I also don't support frivolous lawsuits or threats of them to strong-arm people into doing what you want. 

[Ernegien]

14 hours ago, NeMesiS said:

I'll be more than happy to answer your questions, when you start answering mine.

The problem with your questions (and many others' as well) is they're usually all over the board and hard to track whereas I'm always talking about the same specific thing, but I'll try my best.

 

14 hours ago, NeMesiS said:

Why did MakeMHz purchase the domains of TeamXodus.com and ModvilleUSA.com then redirect it to MakeMHz.com?

I don't understand all the fake outcry for the Xodus domain registration. It's been abandoned and turned into a landing page by someone else for well over a decade; anyone would have had equal opportunity to complain about it then or purchase it since

The reasoning behind its acquisition is also not so devious, so sorry to disappoint. Believe it or not, it's just a really cool piece of Xbox history (probably top 5 in my book) and the RTOS used at the time is super interesting from a technical perspective which not many know or even care about.

How are you (or anyone else for that matter) somehow more worthy of being custodial to something you really know nothing about from a software perspective?

https://web.archive.org/web/20090122031718/http://teamxodus.com/
https://web.archive.org/web/20120415150857/http://www.teamxodus.com/

The modville one is somewhat petty if true, but I'm not Dustin (not sure why I have to even say this, but these opinions are all my own), so I don't know what you expect from me in terms of any kind of explanation, why don't you ask him

 

13 hours ago, NeMesiS said:

I find it ironic that you don't see how much you've contributed to this situation

My presence here is purely reactionary, and it's quite simple, don't monetize other people's work and then cry foul and claim victim when you're called out on it. Your original designs are great, why don't you stick to those? This is literally the only issue I've ever had with you, and my stance here has been consistent.

 

13 hours ago, NeMesiS said:

It seems by this point you know more about my project than I do and the decisions I'm yet to make.

It sure does unfortunately. It's easy to predict where you're going based on what you've locked yourself into by planning around someone else's design. It's also kind of difficult for people to offer the assistance you've asked for if you aren't even willing to discuss specifically which part(s) you're stuck on, which Xbox versions are affected, what things you've tried etc.

 

13 hours ago, NeMesiS said:

What's the situation for the Xenium modchip?

I know that having a Cromwell based OS did make it alot easier to sell Xenium modchips.
As potentially illegal bioses didn't need to be pre-loaded unlike the Aladdin, as for example.

Is it legal to install an Xenium modchip with Cromwell bios and turn OGXbox into a Linux machine?

It doesn't appear to contain any Microsoft code, but does bypass their "secure" bootloader which is the first part in their chain of DRM. It's about as legal (I'm not a lawyer) as you can get considering some alternatives, but Cromwell can't play games, and I don't see a lot of people flocking to linux on Xbox.

 

13 hours ago, NeMesiS said:

StellaOS and the bios patch constitutes
fair use because of "interoperability" as so on.... Can anyone shed more light on this?

Interoperability is an important one, and is used quite frequently as reasoning by reverse engineers for good reason. As the admin already touched on, the Xbox is over 20 years old and out of production/service (MakeMHz products are still available for purchase and/or in active-development however), and components are failing resulting in unusable boxes. To ensure continued operation, some DRM components may need to be modded. DVD drives (sig checks) and even DVDs themselves are dying at an alarming rate, hard drives (password-protected) will eventually fail, I've seen EEPROM (contains security keys) corruption/failures, the flash chips (bootloader and kernel which also have security keys) are only rated for 20 year data retention in the datasheets, so modchips are sometimes required to bring a box back to life to ensure interoperability.

[nikeymikey]

My take on all of this is the sooner we get a Stellar competitor that doesn't try to lock people down in an Apple walled garden type way the better. 

[herooftheday]

On 12/4/2023 at 5:41 AM, ACE_AU said:

Doesn’t his “magic” little “initial” setup via his site kind of hack your “stellar”/“microsoft bios” remotely?? So what’s he hosting there? Is it a legal process? 
just curious!

Hosted in the US
so yes takeing it down would be not so hard because what he does is still modding the bios and selling the device, atleast here in germany that would be enough.

Edited December 10, 2023 by herooftheday

[Ernegien]

1 hour ago, herooftheday said:

Hosted in the US
so yes takeing it down would be not so hard because what he does is still modding the bios and selling the device, atleast here in germany that would be enough.

When using the Stellar setup website you're referring to, anyone can easily verify via packet captures (network and USB) or by looking at the app's source code (plug it in to an online beautifier to make it easier to read) that everything happens locally on your computer and the bios the user uploads goes directly to the stellar chip via fancy browser USB integration and not out your WAN connection.

TLDR: The retail 5838 bios the user provides is sent directly via USB to Stellar and not over the network.

[herooftheday]

cool still the whole thing is hosted in the us and ...

and shopify as well is us company....

[Ernegien]

2 hours ago, herooftheday said:

cool still the whole thing is hosted in the us and ...

and shopify as well is us company....

Yes, the website where he sells his original hardware and software (doesn't infringe on anyone else's copyright because it's all his own creation) is located in the US.