Microsoft Not Pleased That 38 Studios Asset Auction Includes Xbox 360 XDK Units

The state of Rhode Island is auctioning off the remaining physical assets of 38 Studios including its computers, office furniture, audio equipment, consoles, televisions, conference call equipment, office telephones, security equipment and more. The assets are being sold off by auction site SJ Corio Company. The assets will be sold off in two different auctions: one to take place in Rhode Island on October 12 and another on October 23 in Maryland.

The items for sale that are raising the most eyebrows – particularly in Redmond, Washington – are Xbox 360 XDK units. The Xbox 360 development kits have caught the attention of Microsoft who is not pleased to see them out in the wilds of an auction where anyone can buy them. While the units were licensed to 38 Studios, they are not actually the property of the company.

In a statement to Joystiq Microsoft said that they still remain their property and they want them back:

"Xbox 360 Development Kits (XDK) are the property of Microsoft and are only licensed to authorized studios and may not be assigned or sold to any third party without the written consent of Microsoft," the company told Joystiq. "We will be contacting the appropriate parties involved in the auction of 38 Studios' assets to remove the XDK units from the auction listing and to secure the return of the consoles to Microsoft."

Source: Giant Bomb

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  1. 0
    Cecil475 says:

    Hmm, that's true. I actually did think about the group of people that would rally money for one of it's members to go out and record themselves buying the latest console just to smash it up right outside the store. I would see it and wonder why they would never get into trouble, and now I know.

     – W

  2. 0
    Andrew Eisen says:

    No, we own our Xbox consoles.  We can destroy them or sell them to someone else.  We can legally modify them too (so long as we're not circumventing copy protections – a law that needs to change) but doing so will void the warranty and could get you banned from playing online.

    But these are development kits, not retail consoles and they were never sold to 38 Studios in the first place.  It's kind of like leasing a car or renting an apartment.  You don't own either and if you up and die, both are returned to their owners, they don't go on the auction block.


    Andrew Eisen

  3. 0
    Cecil475 says:

    I don't see the difference between that and the consoles we 'bought'. One of the things that the Sony vs Geohot case has taught me is that we don't 'own' the console, just the 'right' to play it. We aren't allowed to alter the software, though oddly enough they don't go after the guys who buy the console, just to destroy it outside the store.

    So I guess we don't 'own' our XBOX 360 consoles. Microsoft does.

     – W

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