Just recently I listed my xb1 dev kit on ebay and it was taken down shortly thereafter. A few days later I have the following conversation: I responded by asking what the next step would be to correct the situation and I received the following response: I didn't respond for the next few days, trying to ignore the situation. I was then phoned at home and was left a message by the said employee. I then promptly emailed him back, agreed to complying and asked him why MS was finally targeting xbox items. I received the following responses: And finally just for kicks I asked him the consequences for not complying: So just a heads up... they are cracking down and I'm now having to send my DVT4 back.
I was also in contact with another seller who posted a 360 dev kit on ebay around the same time DeadperfecT was selling his kit, the guy's 360 dev was also reclaimed by MS.
I don't see what it has to do about 0th-bit but with MS spies among us in the forums. Announcing this can make this even more important to look at by their investigative team as they might see this place as a harbor, where these goods originate from.
You bought it, I wouldn't send that thing anywhere without at least getting the money back that I paid for it. Plus how sure are you these people are really from MS and not trying to get your XB for free by sending bullshit mails and hustling you? After receiving your reply they have your name/email, its not that hard to track down a phone number etc.
tell them that you paid much money for this kit. Tell him that you will send it to MS as soon they cover the costs you had. you can try that at least.
I bought it from a bloke on the internet, no I don't have a reciept, no I can't give you his name and address... No I am pretty sure it isn't stolen property... I think that will go down well with Microsoft... Although buying it from a auction organised by a reciever would probably give you more legal rights. Hopefully your email address is a hotmail / yahoo account so you can stay silent... or just say you sold it to a bloke in the pub...
This is M$ we are talking about. If you have a hotmail account they will read all your emails and collect all your personal information from those, then they will lock the account. Shiggsy
That seriously sucks. Since when are they bothered about reclaiming their stuff again? There have been tons and tons of Debug/Dev kits on ebay the last couple of years that haven't been pulled. If I were you I wouldn't send it back. Tell him it's broken and you threw it away because you didn't want M$ to spend a lot of money on shipping of a broken kit.
I don't think you guys understand... I listed this on ebay, it was taken down at the request of MS, at which time ebay gave all of my contact info to them. I ignored the email for a while but then received a phone call from the same number the employee provided in the email. I checked his profile on LinkedIn and all the info matches up. I would much rather send it back than face a lawsuit. Regardless if I still had the kit, broken or not, I would still be targeted for selling property of Microsoft.
Yeah, just stating the obvious but just say you took it round a friend's house - left it overnight - someone spilt tea/coffee [delete as appropriate] and they threw it away. Better yet, say one of their friends took it and now you can't get it back... There are a million excuses you could use to say you don't have it anymore. They have to prove you are lying - and they won't be able to do that, no lawsuit in the world could ever see you convicted of anything. Just because it's MS doesn't make them any different. In fact, they probably pay their lawyers a ridiculous amount of money = they won't persue it because it will cost too much in legal fees for it to be worth it. Don't be fooled by this, not for a second - sending it back to them is simply insane. (sorry... but it is)
I'll have to agree with Arnold. I don't think they'll actually care about it that much. They want it back why? To destroy it themselves? As far as I know Microsoft hasn't got any purpose for their old DVT-4's. EDIT: Also I just checked ebay and saw an auction with a Dev and a Debug kit (way overpriced by the way). I'm wondering if it's going to be pulled...
Just say you sent it using USPS and didn't pay extra for a tracking number. Though I guess it's not worth trying to keep the thing if there is any chance of a lawsuit from MS.
I really don't see why you guys are trying to convince him to not send the kit back to microsoft. They have went after people on things more minor than that. It's his decision whether or not to send it and I doubt any excuse that you guys provide will convince him to keep it, especially with a company such as Microsoft. I think this post was not meant to be a HELP thread, but rather a heads-up to anyone planning on selling kits on ebay. Gamerfreak1727
The point I am trying to make is very clear - they cannot 'go after him' for it if he says he doesn't have it anymore. No jury/lawyer/etc could EVER prove he is lying. Just give it to a friend for a while, that's ALL he/she has to do. Don't be so nervous just because it's Microsoft, for god's sake... Do you really think they are going to take you to court if you said you lost it? Honestly? As with ANY criminal offence, the case against you must be air-tight - otherwise the matter will be dismissed. Just one solitary eBay listing isn't going to get Judge Smith to throw the book at you. The eBay auction = it was a joke. "I found some pictures on the web and thought I'd have some fun. " "Hey, but you told us (MS) you had it?" "Yeah, I lied." End of story. Yup, losing the tracking number is also a good one. (along with a zillion other things a person could say...) This sounds like some sort of bizzare scare tactics telling those to A) be careful with devkits and B) to send them back if they contact you. This isn't the 'mighty power of Microsoft' it's a dumb lawyer working for them, that's all. If Microsoft are so concerned ask yourself one question - How did this 'devkit' get into the public domain in the first place? That's not your fault, that's Microsoft's fault. Perhaps they should tighten up their security more themselves before going after the average person on the street, long after the horse has bolted from the stable. Hey, just in case Sega come knocking, should I delete that Sonic rom I downloaded too? I mean this IS Sega we're talking about... wouldn't want them knocking on my door. Woah! And those xbox skins I bought on eBay, I know they aren't licensed by MS - should I remove them as well? I bought them on eBay and MS could get my contact details (which, last I checked is/should be a total violation of your right to privacy). If we take this 'warning' to its logical conclusion then what else should we be worried about? (re-read this paragraph) If you actually send it back to them, might I also suggest a career in law-enforcement? [edit: I would like to point out that I don't have some tacky xbox skins on my trusty old xbox, I'm just trying to make a point]
Warning: IANAL Yes. This would take place in civil court where the burden of proof required for litigation is significantly less than in criminal court. While I would be curious as to what they would actually sue for ("loss of use/profits" or "unjust enrichment" possibly), simply saying that you don't have the item anymore does not exempt you from being responsible for it. In the worst case, it could be considered as evidence tampering if MS has actually already filed a "John Doe" lawsuit preemptively. This is a $10K piece of equipment after all. This is the real question, and what makes me wonder if it would succeed in a court trial. There are many ways that the XDK could make onto the secondary market completely legally, even if MS is not willing to admit it (e.g. bankruptcy liquidation under certain circumstances). MS could never go after a third party for any NDA or contractual obligations, but they could certainly go after the current owner for a variety of reasons.
