Is it OK to have a Dev Kit in your possession?

Discussion in 'Xbox 360 Development' started by AS347, Jun 8, 2016.

  1. AS347

    AS347 Spirited Member

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    Is it OK?
     
  2. fate6

    fate6 Haha, I killed a Pumpkin!

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    Nop not in the slightest but as long as you keep to yourself no one is going to waste their time and money to go after you.
    In other words, Just don't do anything stupid and you'll be fine.
     
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  3. Borman

    Borman Digital Games Curator Staff Member

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    Not nearly that clear cut, there are lots of situations where it might be okay to physically have the unit anyway. Really quite complicated.
     
  4. fate6

    fate6 Haha, I killed a Pumpkin!

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    Oh? My understanding of it is since we are not licensed developers then we can't have them, further more at least in the case of MS the kits are leased not sold to the studios afaik.
     
  5. Borman

    Borman Digital Games Curator Staff Member

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    Contracts are a complicated thing.
     
  6. supersega

    supersega I have 7 and a half PS1s in my room alone.

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    I'd assume if they are old or previous generation, they'd be fine to have. No one at Sony is going to be threatened by a nerd with a PS2 TOOL.
     
  7. fate6

    fate6 Haha, I killed a Pumpkin!

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    This^
    I don't think that its legal or "OK" at all but just no one cares as long as you behave.
     
  8. Stipo360

    Stipo360 Dead Rising & XDKs

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    I feel if its an asset that was demanded to be returned, IE: anything with "property of X" is a dodgy zone to be in, where as 360 devkits for instance don't have any of that. They were more or less SOLD to the developer, therefor the developer no longer has to obey their rules of how to own it.

    Xboxone kits though and shit like that are forcefully taken back by Microsoft if it isn't returned, but let's say the xboxone was 10 years old today, do you really think MS is gonna hunt down that kit? No.
     
  9. jakeeeenator

    jakeeeenator Site Supporter 2015,2016,2017

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    Yeah I was always under the assumption that if its an older dev kit (360, PS3, and back) then the companies wouldn't necessarily care if you own it. Cause I doubt SEGA goes after people with Dreamcast Dev Boxes.
     
  10. DeChief

    DeChief Rustled.

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    No, it's 200% illegal and you shall be drawn and quartered.
     
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  11. XboxSurgeon

    XboxSurgeon Site Supporter Since 2013

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    Here's the thing to remember; in example of Midway games for instance. When the company went into bankruptcy protection, they were forced by the courts to liquidate ALL assets including development hardware. As such, Microsoft for instance, had no recourse as they cannot come after the company for A: selling off an otherwise "contract protected" asset (i.e. An XDK) and B: cannot demand said items from the perspective buyer because they bought the item in a liquidation sale in good faith. So in this sitch you'd have an xdk, in possession other than Midway, with someone who has zero contractual obligations with Microsoft. It would be 100% legal in that same situation because whomever purchased it from the sale did so legally. So, if you bought an xdk from someone who bought an xdk from some dude who bought it from a sank development company, is that legal? That's why these things are better considered "gray" part of the legal system.
     
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  12. deep3r

    deep3r Fiery Member

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    Basically, keep your head down and you'll be ok. I managed to get in some shit with them a few years ago but its because I made a stupid move really. But I mean nowadays its not possible (by standard means) to do what I did back then so you should be all good. Plus it was the year MS decided to go full lockdown on this sort of stuff when it was at its peak. Nowadays, they have their full attention on Xbox One.
     
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  13. XboxSurgeon

    XboxSurgeon Site Supporter Since 2013

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    I couldn't agree more. Even OG Debugs seem to run the entire auction course on eBay these days.
     
  14. deep3r

    deep3r Fiery Member

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    Yeah, you can find 360 ones, if you smart (you loyal)
     
    Last edited: Jun 9, 2016
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  15. shuma

    shuma Robust Member

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    yeah they are far from being legal to own unless you have the license and whatnot that comes with them. trust me i had about 50 fbi agents here clearing out all my devkits and prototypes from 5:30am to about 9am back in 2012. needless to say it wasnt fun. which is why i will never buy any of that shit ever again.
     
  16. arnoldlayne

    arnoldlayne Resolute Member

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    You'd think they have something better to do? I'm guessing a polite knock on the door with a warrant and an officer or two would have sufficed. 50 FBI agents? Do you vacation in Afghanistan?

    As I understand it, if buy a devkit from a liquidation sale (which is where I'm assuming 95% of them originate - and explains why they don't surface for sale until a few years after release) then you're not breaking any law. If anything, it's the person putting it up for auction that's probably breaking the law - but they're already bankrupt so there's no point chasing them, I'd hazard a guess.

    It's what you choose to do with the devkit that probably drops you into that 'grey area'. Go hunting leaked games and either (a) not cover your tracks at all or (b) try selling/leaking that game before its official release and you'll become a (very obvious) target for the law.

    I would have thought most of this was very much common sense.

    The posts from people doing prison time/community service all reveal people who went too far and should have known better from the start. I mean, you're smart enough to get the kit and go looking for software but you're not smart enough to realize you're breaking the law by offering to share/sell it and could screw up the sales of a million dollar video game? There's a word for that...
     
    Last edited: Aug 12, 2017 at 8:43 AM

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