Consequences for owning a XDK

Discussion in 'General Gaming' started by Foss, Feb 14, 2012.

  1. Foss

    Foss Member

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    Hypothetically, what would be the consequences IF caught owning a XDK and not returning it to Microsoft living in the states.
     
    Last edited: Feb 14, 2012
  2. Mystical

    Mystical Resolute Member

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    Depends, stay away from anything that is used by a current developer (even if its a good deal as i have had my fingers burnt with this before) however if a developer has gone bankrupt etc. e.g. Acclaim then you can legally purchase anything when their assets are sold off and are legally entitled to it, it would be illegal for you to use to logon to access PartnetNet etc. as the developer will have signed for that etc. which you wont have

    hope that helps matey
     
  3. Foss

    Foss Member

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    Hypothetically, Microsoft called had the first name of the person and there phone number because it was on eBay & craigslist and said... "essentially Microsoft would like their Xbox back". The person denied everything and hung up the phone and sold that bitch the next day...lol

    My guess is that someone reported the info from craigslist to Microsoft. Since they would need a subpoena to request information from ebay and craigslist.
     
    Last edited: Feb 14, 2012
  4. Cyantist

    Cyantist Site Supporter 2012,2013,2014,2015

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    Breaking the law, selling stolen goods.
     
  5. Foss

    Foss Member

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    How would they prove it and consequence?
     
  6. Mystical

    Mystical Resolute Member

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    If thats the case then the xbox is most likely stolen, either from MS themselves, a developer or a warehouse etc. personally i would stay as far away as possible

    p.s. for consequences look up "receiving stolen goods" for your country and that should tell you

    most likely a large fine and possible prison sentence

    like i said, stay away, its really not worth it for an xbox, no matter how shiny it is
     
    Last edited: Feb 14, 2012
  7. Foss

    Foss Member

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    It is a china box, it showed damage to the network port and was repaired. The thing is gone, no longer in anyones possession.
     
  8. Mystical

    Mystical Resolute Member

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    well unless its disintegrated its in someone's possession surely?

    hypothetically even if you told them MS that im sure they wouldn't accept that as being a good enough answer
     
  9. Foss

    Foss Member

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    I just would like to know the legality and proof they would need to actually pursue something like this. I know Microsoft has money coming out of there ass and could do pretty much anything. But I would think any accusations would just be to spook someone into selling it publicly.
     
    Last edited: Feb 14, 2012
  10. Mystical

    Mystical Resolute Member

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    well you can't buy one unless your a developer so he would have to prove that he purchased it legally which you can't do without buying from Microsoft and if they are ringing him up asking for the box then its safe to say they didn't sell it to him and aren't happy that he has it

    again the only time this changes as far as I know is if a developer goes under and they sell off their assets, then its a complete legal mine field lol
     
  11. Foss

    Foss Member

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    true i hear yeah man... I am just curious if anyone else experienced this and what would be the outcome. I would agreed that would be there proof, but how does Microsoft know that this person actually owns a dev kit? The only accusation they can make is the listing but people could be listing an item that potentially could be a scam.

    I would think a entity would need solid evidence to rightfully serve a person.
     
    Last edited: Feb 14, 2012
  12. Mystical

    Mystical Resolute Member

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    it all comes down to how he came into possession of the box, i have heard of Dev's been paid with Hardware when the company couldn't afford to pay them but its rare as far as i know, but how do you know the company game it to them rather than them stealing it? - and believe me its not worth the risk if you are not 100% sure

    im not sure of the legality of them selling them on but i suppose its possible they could as the company gave them legal ownership but you may need documents to support this and get the kit "Signed Over" to yourself

    without going into details i have had a similar problem and believe me its very easy for them to trace everything once they have the hardware in their possession, and if you have nothing legally binding to show that you have purchased the box legally your basically screwed as you are then in possession of stolen property or handling stolen property etc.
     
    Last edited by a moderator: Feb 14, 2012
  13. Foss

    Foss Member

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    The story is this person sold the xdk and its gone. How would Microsoft pursue this, when the kit is gone now. And this person is not a licensed developer and sold it to a non licensed developer as well.

    The property is no long in the possession. Its gone now.
     
    Last edited by a moderator: Feb 14, 2012
  14. Mystical

    Mystical Resolute Member

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    well like you say if the kits no longer there then its very unlikely they would pursue it as they need to catch you with kit-in-hand to prove that you were guilty of receiving or selling stolen goods and i don't think an auction etc. is proof enough but i am no legal expert mate and to be honest it depends on how much Microsoft want to enforce this and i would say on the whole, they aren't that arsed with people buying and selling the odd dev/xdk kit for personal collectors

    theirs a large difference in what they are entitled to do and what they would actually do

    e.g.
    Keeping a few of the kits for personal use (offline) - no problem i would imagine however start accessing partnerNet and leaking game screenshots, details etc. and i imagine they would be a little more strong armed in their approach but they can't just see an ebay listing and decide to raid your house for example
     
  15. Foss

    Foss Member

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    They would find nothing, I no long possess any dev kits. Plus it was sold privately. There was no auction. But the transaction was through paypal. They would have to cease the shipment is the only proof.
     
  16. LeGIt

    LeGIt I'm a cunt or so I'm told :P

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    M$ don't need to prove anything.

    With enough money, a good lawyer and a silver tonque they can push a bad position successfully.

    I wouldn't roll over just because of a phone call which could have been made by anyone from anywhere as it could also be scammers ringing you.

    In any respect even if they did give chase, took you to court and you got busted I wouldn't worry and just take it on the chin. When you deal in things which are not for sale you should expect to get burned on occasion. Lesson learned.
     
    Last edited: Feb 14, 2012
  17. Foss

    Foss Member

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    Well the funny thing is I am becoming a police officer so learning a bit about criminal justice you do need solid evidence to allow a case to allow it to go to pre trail
     
  18. kiff

    kiff <B>Site Supporter 2012</B><BR><B>Site Supporter 20

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    Last time I had a kit I shouldn't have M$ sent some heavies over... 2 Polish bodybuilders, a Swedish dominatrix and a 3ft 7" midget.

    The Polish guys held me down whilst 'Olga' trod on my chest in her 8" stilettos. After that the midget put cigarette butts out on my ass cheeks! I thought the ordeal was over but I was wrong!
    The guys stretched me out by my arms and legs and Olga pulled my sideburns until they came off... at this point the midget was just watching.

    By the end I kinda enjoyed it and have just ordered another kit which should be arriving next week!

    I know this is the norm for europe but it might differ over the pond :shrug:
     
  19. Mystical

    Mystical Resolute Member

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    well then i assume it was paid for via gift which doesn't state what you paid for so no proof there, the dev kit may have been legally obtained in which case you would be legally entitled to sell it but if not then i would avoid them in the future at all costs

    however i will point out that what you have done is still most likely illegal in the eyes of the law and as with all these things it may bite you in the ass in the future no matter how careful you have been

    just be careful and check the origins or any equipment you feel may have come from a nefarious route and if you think theirs something fishy going on just avoid it, again its only an xbox at the end of the day and not worth a criminal conviction
     
  20. LeGIt

    LeGIt I'm a cunt or so I'm told :P

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    Becoming lol. Forget everything you think you know. It is all bullshit.

    The only thing you know is how the world is supposed to be. You would be naive to think that is exactly how everything pans out. Life expereinces will soon teach you otherwise.

    It is not like M$ are going to destroy you or anything, perhaps a little slap. Just take it on the chin and move on - there is nothing to be scared about.
     
    Last edited: Feb 14, 2012
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