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Microsoft Services Agreement

disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so

Xbox TOU

reverse engineer, decompile, or disassemble the software, or attempt to do so, except and only to the extent required by third party licensing terms governing the use of certain open-source components that may be included with the software;

  1. The main difference in the two quotes is that there is no express prohibition of emulating Xbox software. Why is that? Couldn't they just prohibit emulation of Xbox software?

  2. In the quote in the Microsoft Services Agreement, it says that you cannot disassemble, hack, etc on the software, except to the amount allowed by copyright law. Would this mean that anyone trying to reverse-engineer software covered by the agreement would allowed to do so via fair use?

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