[BoardBonobo]

Just saw this

Not a ground breaking leak but interesting none the less.

[Cyan]

I will take one of these. Loved the article, especially one of the funniest parts is when Richard Leadbetter mentions Europe and the absinth. I lol'ed.

Very interesting times ahead indeed.

[Rangers]

It is on ebay now

http://www.ebay.com/itm/ws/eBayISAPI...m=221100568971

I'm guessing he realistically wants 10k for it, but if it stays at $420 I'm in

[Shifty Geezer]

I expect MS to block it. There's no way they'll have sold the devkit no strings attached to anyone for them to give it away or sell on (I believe SDKs are only ever rented out), so this would be tantamount to selling stolen goods. I'll be extremely surprised if superdae has legal ownership and rights to redistribute.

[Rangers]

yeah, already been hashed to death on gaf.

somebody on gaf said ms pulls auctions of 360 dev kits. if thats true, chances of a durango one surviving are zero.

[Shifty Geezer]

On the flipside, there's nothing to stop dae selling privately. But then if I was MS I'd buy it back, get his details, and then sue the pants of him or whoever broke NDA.

[ERP]

If he's selling it, I doubt he obtained it legally.
I don't know what the MS devkit agreements look like anymore since I haven't personally had to sign one for a while. But they usually come with steep penalties for disclosure.

[Squilliam]

Originally Posted by ERP

If he's selling it, I doubt he obtained it legally.
I don't know what the MS devkit agreements look like anymore since I haven't personally had to sign one for a while. But they usually come with steep penalties for disclosure.

Can you disclose the penalties for disclosure?

[Brimstone]

If Microsoft overshipped an extra kit to a developer I don't think there is much Microsoft can do. Even if they audit themselves they would probably have a near impossible task of trying to figure out where the kit went.
I've bought stuff online before and then had other items show up that I didn't buy. I made contact and gave the stuff back. Obviously in this case this would be a major human error.

[joker454]

I thought that all dev kits remain the property of Microsoft and eventually have to be returned, you never actually own them even though you pay for them.

[Shifty Geezer]

Originally Posted by Brimstone

If Microsoft overshipped an extra kit to a developer I don't think there is much Microsoft can do. Even if they audit themselves they would probably have a near impossible task of trying to figure out where the kit went.

Overshipped a devkit? Devkits are like golddust; almost impossible to get. Especially early pre-release devkits, which are few and far between and so easily managed. Try buying a PS2 or N64 devkit on eBay.

Even then, if MS cannot track who leaked it, Dae hasn't the ownership rights to this devkit so isn't allowed to sell it as whoever s/he got it from didn't have the rights to pass it on. If s/he bought it off someone else, then s/he would be entitled to their money back when MS swoop in and claim the item back. This may not be a criminal case, but as a civil case protecting a large corporation's IP, the courts are going to side with MS.

The current bid is $15,000! Let's see if it's still listed in 24 hours.

[McHuj]

Sold. $20,100. I wonder which schmuck bought it and why the seller decided to sell it early. My guess either MS bought it or some publication.

[Sonic]

Did anyone stop to think that this guy could be full of doodoo? I'm trying to think of an actual developer of any significance that has a large enough presence in Delaware to warrant getting a Durango devkit. Which developer could it be? The guy is based out of Wilmington, DE and there aren't many developers located near there. The closest I can think of are around baltimore, which is a good hour drive from Wilmington. There's Bethesda, and I guess Epic Baltimore now. There was Big Huge Games, but that closed down earlier this year I believe.....then again what if they had a Durango dev kit and through the shuffle of closing there was a dev kit lost? That's a far out there theory. I'm just really wondering how this guy got his hands on a dev kit considering the location listed is Wilmington, DE. Are there any prominent devs in Philly? That's the only other big city in close proximity (within an hour) and I don't know any devs there. So, should we start questioning the validity of the dev kit, or do we know for a fact it's the real deal?

[Shifty Geezer]

Digital Foundry claim dev contacts have confirmed it as legitimate. The outcome so far is very surprising, but maybe Dae ended it early for fear of getting it pulled after MS came back to work after the weekend?

Spending $20,000 on a devkit is very odd. It'll either be someone with way more money than sense, or a corporation wanting insider info. That seems a logical move by Sony to get their hands on it. I guess a tech website might want it as a coop. $20,000 seems low for the amount of traffic a full disclosure would generate.

[Brad Grenz]

Who was it that bought that lost iPhone prototype? Engadget? Gizmodo? I remember it turned into a legal quagmire. I think they even paid like 10K for it.

[(((interference)))]

I just can't believe eBay let someone list and sell an devkit for an unreleased console, especially after the whole iPhone 4 debacle.

What, did no one at eBay or Microsoft notice and try to do anything?

This DaE guy seems pretty stupid/reckless too - openly flaunting, and profiteering on misappropriated property, perhaps he doesnt mind risking a search and seizure.

Would Sony really buy a dev kit? I'd think they'd already have a pretty clear idea of what their competitors are doing, certainly better than what we know.

[Shifty Geezer]

eBay don't have to do anything unless asked to, surely. There's no way they should be policing everything sold, and those that do monitor can't be expected to know what a that a Durango devkit is or that it can't be a legitimate sale. It's down to MS to police their IP, and the internet provides them with loads of public feedback on what's happening.

[Rotmm]

Originally Posted by (((interference)))

Would Sony really buy a dev kit? I'd think they'd already have a pretty clear idea of what their competitors are doing, certainly better than what we know.

I don't think they would, but if they could get hold of one then it'd be the development tools and environment they'd be more interested in, not how many cores the CPU has.

[fehu]

It was gizmodo usa, and the house of the journalist was raided by police, and all apple products confiscated
I remember that for him, an apple mindless fanboy, it was a shock XD

[Rangers]

DaE says he sold one of his two kits and still has one. So I guess we can still watch his twitter for infos.

Like everything he says, I really have no idea if it's true. Even if he ever had a kit. I also wonder if somebody in cahoots with him was the "winning bidder".

[Sonic]

Considering he's in Raleigh, NC he probably meant to put Wilmington, NC which makes a lot more sense.

[AzBat]

Buyer reneged on sale. Going back up for sale...

Originally Posted by superDAE

Buyer was a non-payer, had some stupid excuse. Will relist asap

https://twitter.com/superDaE/status/235134417037824000

I can't say I'm surprised. Personally I can't fathom any legit sales more than $5k. eBay needs to start requiring a 1% non-refundable deposit up front for all bids over $1000. That would start to cut down on all the fake bids.

Tommy McClain

[AlphaWolf]

Paying for the right to bid? I don't think so.

[Barbarian]

Originally Posted by Sonic

Considering he's in Raleigh, NC he probably meant to put Wilmington, NC which makes a lot more sense.

I can think of only one company in this area that is likely to get an early devkit ...

[Silent_Buddha]

Originally Posted by AlphaWolf

Paying for the right to bid? I don't think so.

I'd assume he meant non-refundable for the "winning" bid. In which case that person that won would end up having to give E-bay 2.1k for non-payment.

I personally think that would be a great idea. Feel free to try boosting the bid value of an item, just beware if you actually win it.

Regards,
SB