Sell me your broken XBOX 360

Nope. Just swapping legit hardware for legit hardware will keep you on the system in good standing. Now if you flashed a hacked firmware to any drive your chances are good you might get banned. The newest firmwares for Samsung drives prevent getting banned 99% of the time. The hitachi hardware is a bit different and last I looked didn’t have the means to prevent launching un-stealth media. The bannings from Live were all initiated from copies of games that were not true 1:1 copies. The slight differences in data on the disk were what cause you to be banned. They cannot read the contents of your firmware from the console (yet). The newest firmwares emulate the OE firmware much more closely. They retard some of the responses the drive gives to look like it is coming from the disc (rather than being immediately calculated by the drive) and also check your backup to make sure it is ‘stealth’ - that is a true 1:1 copy. If its not, it will not play the game at all to prevent getting banned.