or you could just tell them you sent the unit to Microsoft Nigeria after you received a second e-mail, they were very convincing.
This is a first. I missed this conversation and have just waded through the comments etc only to read that DP has actually sent M$ (or whomever) the Dev Kit. :banghead: Just who calls a Debug kit a De Bug kit? You sure this guy was genuine? It's a real shame you didn't immediately reply that the item in question had already been sold, but abroad and give him the details of some random alleged purchaser in Mozambique or Nigeria.
Subtle point but are Ebay within their rights to break your privacy and give M$ the info without going through the courts? I'd assume they cannot do this without breaking your rights...tho never read T&Cs for ebay.... I'd raise a stink...PR damage is bad for any company including M$ What are they trying to solve anyway....do they think competitors won't get their hands on their kit?....surely not..... Seems pointless to piss off the hardcore followers.... Raise hell in forums...
Legally, no there is nothing that gives them the right (though the DMCA comes close). Contractually, well, let's just say to feel lucky that they pay for the lube...
Pity Video Game Auctions flopped like a limp cock. I should start my own damn auction site, and then when MS come asking for peoples' details, tell them to eff off until they can come back with a court order.
thing is... they even name a msrp, so there goes the "it is only leased" thing. then somebody else (a legal entity that is now now longer existing = the chapter 11-ized company the kit came from) signed the contracts, so the lawyer/notary dealing with the chapter 11 process failed to acknowledge the contracts, and whoever bought the remains of the company including the kit is not under any nda etc with ms. this is something that could really be run through a lawyer, since its true for most of the freefloat dev items. then again im not understanding why anybody goes public with this stuff on ebay anyway. must be a shitload of these floating around by now.
However there are plenty of development companies who've gone belly up and Microsoft have failed to acknowledge this, get their arses in gear and have a word with the liquidators. Frankly, fuck M$ if they are lax in their attitude. I don't own a single dev item now (genuinely), but if I did, I would be able to prove to M$ without shadow of a doubt that I owned the item from clearance auctions held by liquidators, purchased fair & square, go chase the liquidators! There is absolutely no point trying to slam the barn door once the horse has bolted. Frankly, eBay auctions of this sort of stuff is going to disappear if that's the route they are taking and that clearly what M$ want and nobody is going to run the risk of being landed a $10k fine. I totally understand DPs stance. It's horse shit though. M$ should keep an eye on the development companies and if they "claim" to own this stuff, take far better care to ensure the materials recovery at source. Simples!
wow i leave for a year and look whats happening. why arnt they trying to snag up the 360 stuff floating around. Its soo easy to find this stuff and they have done nothing about it until years later.
Had a call from US M$ yesterday regarding my auction of a beta xdk after putting it down! Seems that they are always after xdks!! So still avoid ebay for selling dev stuff.
How did i get this,if i have more and where did i sell it! And a telephone in case i remember anything...
I'd first tell them that I'd only deal with them in writing, all correspondance going through a PO box address. Never let them back you into a corner over the phone. You have more time to think about your response when it's done by letter, and you then of course have hard copies of all correspondence. Liquidation sale argument is a good one. As an example, I'd advise them that I have/did have legal title to the goods, however it's my policy to destroy all financial/trade-related documents after three years, or whatever. You could then finally tell them not to contact you again. Suggest that if they continue to attempt to contact you, you'll take legal action against them for harassment.
I don't think they're too worried about current generations because they aren't trying to reclaim them. When they asked for the xbox1 dev kits back, even the companies still in business didn't have them. You should expect that when 360 development is over then they'll go after them. Of course they'll all be dead by then anyway.
