Yeah the company that gives you the most access to your old catalog by being able to at least pop it in a system compared to one company that is gonna take you for a release and another that actually took away a whole backwards compatible system from the market.
The writing was on the wall for physical media when record stores starting dying in mass.
These games are getting increasingly more difficult for players to get their hands on to play as they lack backwards compatibility.
gamerant.com
Xbox announced that due to licensing and legal complications, it has added every Xbox backward compatible game that it can and will no longer be adding more to the library.
www.ign.com
There are plenty of incredible Xbox 360 games that can't be played on the Xbox Series X/S or Xbox One. Which ones should make a comeback?
gamerant.com
Of course you don't get to keep playing gamepass games or ps+ games you ain't purchase.
But I can still play games I bought on my 360 on my series x if I download it now and disconnect from the Internet afterwards.
And they would be tied to that specific console, so if anything happens to the console (HDD failure, Hardware failure, etc) then the games are lost until you redownload them to something else, but if Microsoft pulls another Xbox Live 1.0 and shuts down XBL for 360, then you are SOL.
currently they are already shutting down the 360 marketplace, which means 360 XBL may shutdown within the next couple years.
On July 29, 2024, Xbox will stop supporting the ability to purchase new games, DLC, and other entertainment content from the Xbox 360 Store on the console and the Xbox 360 Marketplace. This change will not affect your ability to play Xbox 360 games or DLC you have already purchased.
news.xbox.com
did you watch that video? you gotta do a lot more than "adjust the internet settings on the dashboard". you just need a special cable, a flash drive, 1 of 6 exploitable games, and jump through a bunch of other hoops to connect to a bootleg server. all this shyt goes against the ToS and "becomes a legality issue". doing all that is modifying your console
to be clear, I ain't the police, and I don't care what people do
Technically this would apply to the server
Copyright Office Adds DMCA Exemption for ‘Abandoned’ Online Games * TorrentFreak
along with this, as it was completely reverse engineered
As far as the "special cable" goes, it isn't illegal to have/make, as it is just a USB cord spliced with an xbox cord.
Also, running homebrew programs/code isn't illegal, just that some ways of circumventing the consoles security are (such as modchips) which are not being used in the above video... as for your "ToS" arguement the OG Xbox is discontinued, has been discontinued for almost 2 decades, I doubt microsoft would be out here enforcing the ToS for a long abandoned console.
If it were a modern day console, then I could understand your point, but we are talking about something that died off around 2005/06.
Another point I want to make is that in the video, the person is not jailbreaking the console, merely softmodding it to run a program and then returning to stock.
Soft modding is merely enabling the console to temporarily run homebrew code without permanently modifying it in anyway, unlike jailbreaking which is permanent
en.wikipedia.org
It is a very complicated issue and the wording is fairly vague in terms of DMCA legality, although the only cases where people are arrested and charged for jailbreaking consoles are ones involving modchips & illegal games, I havn't seen much in regards to soft modding in order to run homebrew.