I know, its just pretty gay now with this whole SOPA bull shit and IPA that companies have this big ego over the little people, seeing that megaupload got pinched for what kim dotcom said he was doing is legal.
yeah everything seems to be a bit upside down at the moment but remember MS are not Sony and so far have not exactly been hammering down on anyone who has stepped out of line with their consoles, dev kits etc. hell even with the Flashing and J-Tagging etc. they have been very very good sports and have stuck with just doing updates to disable and changing the hardware occasionally so they are hardly evil the problem is not having the dev kit as much as how the dev kit came into your possesion
We definitely need an internet revolution lol. Hackers unite! Companies are starting have too much power as well as the government.
First off I'm not a lawyer and the law varies all over, especially when you get into laws in different countries. That said, In the case you describe (A salvaged debug from China) Microsoft really doesn't have a case as I see it. 1. These debugs are only restricted by contracts and not laws. 2. The developer returned these units to MS so that contract has been fulfilled. 3. MS contracts someplace in China for the units to be disposed of at which point they are garbage and that contract has been fulfilled. Now we (and MS) can argue to the degree they were disposed but that is a dispute between MS and the recycler in China. 5. Once garbage MS no longer has any claim over them. 6. If someone can salvage it after that point there is nothing MS can do. MS gave it up so it is not stolen and they essentially threw it away so they cannot claim they own it. Keep in mind that this is the short and sweet scenario and there are all kinds of variables that could throw an unforeseen wrench into things. This also doesn't stop MS from costing you in arguing the point.
M$ can only ban china kits nothing else as it was commercial waste. but if the kit was stolen they can hold you to the law because of it being stolen property and there is a binding aggreement that means the kit is always M$'s and no one elses
Coming from experience, buying, selling and personal use, ms cant really do anything. Leaking stuff is a different story, dont try it. I cant say why from my personal experience but take a guess.