Is all modding prohibited?

[WhackyGordon]

Okay - let me preface this with - I'm not trying to start shit. This is just something that is unclear to me. It's not a big deal. The ambiguous legal jargon used isn't making it any easier. I just want to know if/where it actually says that modifying user-generated content is prohibited.

Okay, so here are the portions that look like they're pertinent;
From the ToU:

1.12. Are there things I can't do on the Services?
...
You can't use unauthorized software or hardware to access the Services, nor can you modify an Authorized Device in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads). You agree that we have the right to send data, applications or other content to any software or hardware that you are using to access the Services for the purpose of detecting an unauthorized modification and/or disabling the modified device.
You must not attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or use for other purposes the Services, any game, application, or other content available or accessible through the Services, or any hardware associated with the Services or with an Authorized Device. If you do, we may cancel your account and your ability to access the Services, and pursue other legal remedies. We may take any legal action we deem appropriate against users who violate our systems or network security, this Agreement or any additional terms incorporated or referenced in it. Such users may also incur criminal or civil liability.

That doesn't sound very relevant once you realize that it disagrees with how content is handled; particularly distribution, as mentioned in section 2.2, indicating that it [the above section] is referring to proprietary content as opposed to user-modified content.

2. Content
2.1. Who owns the content that I put on the Services? We do not claim ownership of the content you provide on the Services. Your content remains your content. We do not control, verify, or endorse the content that you and others make available on the Services.
2.2. Who can access my content? You control who may access your content. If you share content in public areas of the Services or in shared areas available to others you have chosen, then anyone you have shared content with may use that content. When you give others access to your content on the Services, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the Services and other products and services made available by Microsoft. If the submission is a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. If you do not want others to have those rights, do not use the Services to share your content.
2.3. What does Microsoft do with my content? You understand that Microsoft may need, and you hereby grant to Microsoft and its affiliates, resellers, distributors, service providers, partners, and/or suppliers the right, to use, modify, adapt, reproduce, distribute, publish and display content posted on the Services. These include your name, gamertag, motto, avatar, or other information you supply in connection with the content. These rights apply solely to the extent necessary to provide the Services.
2.4. What type of content is not permitted or restricted? Content that violates this Agreement (which includes the Microsoft Anti-Spam Policy and the Code of Conduct) or your local law is not permitted on the Services. Microsoft reserves the right to review content for the purpose of enforcing this Agreement. Microsoft may block or otherwise prevent delivery of any type of email, instant message, or other communication to or from the Services as part of our effort to protect the Services or our customers, or otherwise enforce this Agreement. You must respect the rights of artists, authors, inventors and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their images. If you share content on the Services in a way that infringes others' copyrights, other intellectual property or proprietary rights, or publicity or privacy rights, you are breaching this Agreement (and violating other rights and possibly the law). You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use of the content does not violate any law. We will not pay you for your content. We may refuse to publish your content for any or no reason. We may remove your content from the Services at any time and for any reason, including if: (i) you breach this Agreement; (ii) the content exceeds limits on storage or file size; (iii) the content is provided in an attempt to manipulate ratings or rankings for any application in the Windows Phone Store/Marketplace; or (iv) we cancel or suspend the Services.

That part doesn't really sound like it applies to custom content either, other than indicating that they don't control, verify, or endorse it. Section 2.4 doesn't make any mention of modification and really just focuses on copyrights.

The Xbox Live Usage Rules just cover copyright and such too.

The Code of Conduct comes closer to addressing it, but well;

B. Don’t do the following.

Don't use the Services to do anything illegal. You are responsible for your actions and the consequences of your actions on the service, not Microsoft.
Don't harass, abuse, or spam other players, or encourage other players to do so.
Don't scream, yell, threaten, or stalk other players, or encourage other players to do so.
Don't create a gamertag, profile content, Avatar action, Avatar content, or in-game content that other users may be offended by. This includes, without limitation, anything related to or suggestive of: profane words/phrases, topics or content of a sexual nature, hate speech (including but not limited to racial, ethnic, or religious slurs), illegal drugs/controlled substances, or illegal activities.
Don't create a gamertag, profile content, Avatar action, Avatar content, or in-game content that references controversial religious topics, notorious people, organizations, or sensitive current or historical events that may be considered inappropriate.
Don't distribute, post, publish, upload, disseminate or discuss defamatory, infringing, obscene, sexual or unlawful materials in any format (images, audio, video, text, etc.). Prohibited materials include, without limitation, child pornography or illegal drugs. “Sound alike” words or phrases or puns that reference these topics are also prohibited.
Don't post links to websites that violate the Code of Conduct.
Don't give out personal information of other players (such as their real name, address, phone number, credit card number, etc.) in any way (including, without limitation, through voice chat or the names you create for your gamertag or mottos). This information could be used by other players for illegal or harmful purposes. You should also avoid giving out your own personal information.
Don't cheat in a game unless cheats have been deliberately enabled.
Don't modify or hack game content to create cheats.
Don’t make unauthorized modifications to your account profile or its contents.
Don't intentionally play with someone who is using unauthorized software or methods to help inflate your game rank or gamerscore.
Don't post links to materials that could harm other users' computers or would allow others to inappropriately access software or Web sites.
Don’t lend, transfer, sell, or otherwise provide access to your account to any individual.
Don’t use your account for commercial purposes (including, without limitation, trading services or in-game content for currency or Microsoft Points).
Don't impersonate, harass, or defame Microsoft employees, moderators, or staff members.
Don't use the forums or chats for any commercial purpose. You may only create an account for yourself as an individual. You may not create an account for your corporation or other business entity.
Any non-game-related conversation that takes up a substantial amount of the forum or chat space and prevents users from finding game-related information may be considered a violation of the Code of Conduct.

So the only really relevant chunk there pertains to cheating which doesn't apply here, modifying your profile which would be a stretch, and specifically subverting the trueskill or gamerscore system.

The only place it's mentioned generally is here;

C. Consequences of Violations.
If you violate the Code of Conduct or the Xbox LIVE Terms of Use, action may be taken against your account, including without limitation the following.
Some offenses warrant an immediate permanent suspension, including without limitation: hacking, modding, fraud, severe racial remarks, nudity on the Xbox LIVE Vision camera or Kinect camera, repeated creation of inappropriate gamertags or profile content, or posting viruses or URLs to viruses

So the problem is the kind of modding we're talking about barely fits the the common preconception of modding, and isn't covered by any of the specific prohibitions on Xbox Live, which all take the time to specifically pertain to something else. Everything that could be pertinent has a modifier on it. That's why I am unclear. And it doesn't help that it's so taboo that everybody errs on the side of caution. The way things are you could round 1.2 up to 9 with all of the 'playing it safe' that goes on, not so much here, but in the community of fan sites in general.

So can you enlighten me?

 

[Insane54]

This is an opinion more than an outright truth, but if they haven't been clear about what is and isn't allowed, and they haven't gone out and banned other people before for that behavior, than you can do anything that makes common sense. Like on this site, we might not say "Don't spam up the chatbox", it just falls under "common sense". Modding is PROBABLY against the rules... but I doubt they really enforce it. I think.

 

[WhackyGordon]

Well, they did say that they don't control, verify, or endorse it, which basically sounds like they're washing their hands of the harmless mods and letting that stuff go on as long as it doesn't cause trouble. Which makes sense to me - I mean they can't be expected to chase down every player that wants to fiddle with their save files. Unless the screwing around negatively impacts other players, there's no reason to prohibit it.

 

[Insane54]

That's how I feel, and that's why we allow it here. If MS decided to change policy, we'd adapt... but for now, if MS isn't taking down modded maps, neither are we

 

[WhackyGordon]

(Just FYI, this isn't really related to this site per se - I posted this as a reply to a post on ForgeHub, and I'm a little concerned they're going to lock/delete the thread, so I reposted it here and elsewhere as it's own thread, both to preserve the collation of points for future reference, and for further discussion and maybe some well-thought-out answers. It makes more sense in context.)

 

[anexpiredlemon]

Just to enlighten people on the matter, 343 penalise modders with a rank reset and temporary ban for effectively cheating by unlocking everything/modding their SR rank and challenges.

The only thing they have been truly against and enforced perma-bans with M$OFT backing them up with console bans is the no spartan armor mod (image in spoiler below).

Spoiler

Seeing as they have been actively fighting these "hackers" it's obvious that if modded gametypes were an issue to them, they would have actioned it by now.

 

[NinetysBorn]

Modding isn't encouraged, but as long as you stay away from matchmaking there's no harm in having some fun

 

[WhackyGordon]

My question actually got answered elsewhere. This page directly prohibits the distribution of modded content. Of course, it's also supposed to be posted everywhere, and it's obviously not. Looks like MS have covered their asses pretty thoroughly and just aren't enforcing anything unless they have to. Gotta love that corporate work ethic.