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DarKKendO
07-03-2012, 01:45 PM
Hi Guys,

I was just wondering if it is now possible to sell a gamer tag since Europe announced a law stating that sales of ANY used software is ok:

Source: http://www.lo-ping.org/2012/07/03/eu-court-ruling-allows-for-re-sale-of-used-games-by-end-users-you/

I've been looking to sell mine for ages however I don't want to go to some dodgy website and flog it for nothing.

Any thoughts?

dakisbac
07-03-2012, 01:47 PM
Microsoft's ToS says you cannot sell your gamertag so you still can't. Even if that law were to override their ToS they would just ban the account.

EliteShadowMan
07-03-2012, 01:50 PM
This thread again? No you can't sell it, it's against Microsoft's rules.

DarKKendO
07-03-2012, 01:52 PM
I agree that in the past they would have done this in a heartbeat however I don't think that they can anymore. The new ruling states however that:

-"Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy"

and to a lesser extent:

-"The exclusive right of distribution of a copy of a computer program covered by such a licence is exhausted on its first sale".

By these rulings MS couldn't ban the account since it is deemed interfering with a persons right to the sale of used software. Since MS trade within the EU then this law applies to them and overrides any EULA stating a contradiction to european law. They would be leaving themselves open to legal action if they oppose I assume.

BTW I am far from a law expert so I might be mistaken in some areas :)

DarKKendO
07-03-2012, 01:53 PM
This thread again? No you can't sell it, it's against Microsoft's rules.

Was against. Todays EU ruling might force those to change, hence the new topic (well technically the same topic, but under different circumstances)

CoregBlue1
07-03-2012, 01:54 PM
i am just wondering but who would buy a gamertag? what for?

first time i hear/read about this.

AmbaLaBamba
07-03-2012, 01:56 PM
Selling your gamertag, how sad is this. I don't get people who do this, it's stupid.

The way I've just read that link it means anything that has been sold, for money. If that's true then technically you didn't purchase your gamertag, you purchased the subscription to play online using Xbox Live Gold. Your actually gamertag is free so ... no.

You could sell it though and then get your ass kicked, so go ahead. Don't blame us.

DarKKendO
07-03-2012, 01:57 PM
i am just wondering but who would buy a gamertag? what for?

first time i hear/read about this.

I saw a few sell a few years ago and asked myself the same questions. The only logical conclusion I could think of was that it could be a way of circumventing the region lock by buying a new account on the region you are moving in order to keep at least some sense of your achievements.

Explained badly I know, but its the only reason I can think of without thinking that anyone would want to boost that badly

sm182
07-03-2012, 01:58 PM
i am just wondering but who would buy a gamertag? what for?

first time i hear/read about this.

For all the Game/DLC licences on it.

If I was to take a guess MS will keep it the same as it is now unless someone challenges them about it... and that could end up costing a lot to whoever does.

DarKKendO
07-03-2012, 01:58 PM
Selling your gamertag, how sad is this. I don't get people who do this, it's stupid.

The way I've just read that link it means anything that has been sold, for money. If that's true then technically you didn't purchase your gamertag, you purchased the subscription to play online using Xbox Live Gold. Your actually gamertag is free so ... no.

You could sell it though and then get your ass kicked, so go ahead. Don't blame us.

What about the XBLA games and DLC? These are purchased softwares and, by my right as a European, I can now sell them.

AmbaLaBamba
07-03-2012, 02:00 PM
What about the XBLA games and DLC? These are purchased softwares and, by my right as a European, I can now sell them.

I wasn't on about those, I was on about the gamertag. You want to sell your gamertag, not the content connected to it. So no, you can't as that was free to create.

The content on it is a different story but you would still have to sell your gamertag with it anyway, which isn't allowed. So no.

DarKKendO
07-03-2012, 02:06 PM
I wasn't on about those, I was on about the gamertag. You want to sell your gamertag, not the content connected to it. So no, you can't as that was free to create.

The content on it is a different story but you would still have to sell your gamertag with it anyway, which isn't allowed. So no.

Would this not fall under the point of opposing resale? I'm sure that, if MS comply without argument, they will set up some kind of (convoluted) resale procedure for content, however at the moment is there really anything they can do about it besides throwing high priced lawyers at the person in question?

AmbaLaBamba
07-03-2012, 02:08 PM
Would this not fall under the point of opposing resale? I'm sure that, if MS comply without argument, they will set up some kind of (convoluted) resale procedure for content, however at the moment is there really anything they can do about it besides throwing high priced lawyers at the person in question?

Either way you're not going to be able to do it, I'm pretty sure this is for software only which in the gaming world would be games only. A gamertag is not a game, so I would still say no.

Like I've said though, try it but don't blame anyone else if whoever you sell it too complains that the gamertag has been banned.

CoregBlue1
07-03-2012, 02:13 PM
For all the Game/DLC licences on it.

If I was to take a guess MS will keep it the same as it is now unless someone challenges them about it... and that could end up costing a lot to whoever does.

well that makes sense somehow but still...

i wouldn´t do it because i would be to scared that some of my personal data is still accessable to a complete stranger and then this whole MS thing that may or may not could get me in trouble all for a few bucks. at least i can´t imagine it would sell for a fortune.

and DarkKendo you are from ireland, isn´t this where the MS "headquarters" are? well, to each their own but i wouldn´t do it.

DarKKendO
07-03-2012, 02:16 PM
Either way you're not going to be able to do it, I'm pretty sure this is for software only which in the gaming world would be games only. A gamertag is not a game, so I would still say no.

Like I've said though, try it but don't blame anyone else if whoever you sell it too complains that the gamertag has been banned.

What other way do I have to sell the software I've purchased via Xbox Live? I would think that since MS don't have an implemented system to deal with this change then they can't use they're own shortcomings as a reason to break EU law.

And I'm not looking to blame anyone, Im merely looking for a discussion on the topic since it was something I was looking into. I'd like to think that I'm wary enough to not get involved with MS lawyers (or any corporations lawyers for that matter).

sm182
07-03-2012, 02:18 PM
well that makes sense somehow but still...

i wouldn´t do it because i would be to scared that some of my personal data is still accessable to a complete stranger and then this whole MS thing that may or may not could get me in trouble all for a few bucks. at least i can´t imagine it would sell for a fortune.

and DarkKendo you are frome ireland, isn´t this where the MS "headquarters" are? well, to each their own but i wouldn´t do it.

I don't think anybody should just do it now, ar least wait for MS to release a statement regarding it.

The last point in the article I found to be most interesting:

"This means Steam, GOG, Origin, et al., NEEDS to supply a way to transfer the ‘right to download the game’ to the proper party. Whether this feature will include a nominal fee or not remains to be seen. Don’t be surprised if it does; the potential revenue to be made there is astounding. Here’s a hypothetical for you: Even if the fee is something around ten cents and it’s Euro counterpart, the volume alone could net Gabe and company quadrillions of dollars. Gorillians even."

Could see MS going for this.

DarKKendO
07-03-2012, 02:19 PM
well that makes sense somehow but still...

i wouldn´t do it because i would be to scared that some of my personal data is still accessable to a complete stranger and then this whole MS thing that may or may not could get me in trouble all for a few bucks. at least i can´t imagine it would sell for a fortune.

and DarkKendo you are frome ireland, isn´t this where the MS "headquarters" are? well, to each their own but i wouldn´t do it.

I sure am. Theres some MS division HQ in Dublin (I actually think its Xbox Live) but don't quote me on it :)

DarKKendO
07-03-2012, 02:22 PM
I don't think anybody should just do it now, ar least wait for MS to release a statement regarding it.

The last point in the article I found to be most interesting:

"This means Steam, GOG, Origin, et al., NEEDS to supply a way to transfer the ‘right to download the game’ to the proper party. Whether this feature will include a nominal fee or not remains to be seen. Don’t be surprised if it does; the potential revenue to be made there is astounding. Here’s a hypothetical for you: Even if the fee is something around ten cents and it’s Euro counterpart, the volume alone could net Gabe and company quadrillions of dollars. Gorillians even."

Could see MS going for this.

I agree. I can see this opening a grey area also where customers believe that this is some sort of opposition of sale or even a secondary income from a single licence, and companies see is as the use of a separate service. Personally I would agree to a transfer fee as long as it was some kind of small percentage.

AmbaLaBamba
07-03-2012, 02:23 PM
Found this interesting piece:

The answer is no. You do not own your gamertag — it is just licensed to you by Xbox Live — so you can’t sell the rights to your gamertag. The Xbox Live TOU clearly states:

You do not have ownership rights to any software made available or accessible on or in relation to the Service, or any other aspect of the Service (except you may own your own submissions), regardless of how the software and Service are used, accessed, downloaded, or otherwise made available to you.

The auctions of gamertags on eBay have now been banned by both eBay and Microsoft on grounds of violating each company’s terms of service. Though gamers have found other ways around these prohibitions, such as offering gamertags for sale on forums and Facebook, any gamer who is persistent in pursuing a sale of their gamertag may find their Xbox Live account deactivated by Microsoft as a result of these violations of the Xbox Live TOU.

Can You Sell Your Gamertag? - YouTube

So I would still say no.

sm182
07-03-2012, 02:26 PM
Found this interesting piece:

The answer is no. You do not own your gamertag — it is just licensed to you by Xbox Live — so you can’t sell the rights to your gamertag. The Xbox Live TOU clearly states:

You do not have ownership rights to any software made available or accessible on or in relation to the Service, or any other aspect of the Service (except you may own your own submissions), regardless of how the software and Service are used, accessed, downloaded, or otherwise made available to you.

The auctions of gamertags on eBay have now been banned by both eBay and Microsoft on grounds of violating each company’s terms of service. Though gamers have found other ways around these prohibitions, such as offering gamertags for sale on forums and Facebook, any gamer who is persistent in pursuing a sale of their gamertag may find their Xbox Live account deactivated by Microsoft as a result of these violations of the Xbox Live TOU.

Can You Sell Your Gamertag? - YouTube (http://www.youtube.com/watch?v=lQYXtTl-3ck&feature=player_embedded)

So I would still say no.

But that was in April, this ruling came today. Again let's wait to see what MS says first.

DarKKendO
07-03-2012, 02:27 PM
Found this interesting piece:

The answer is no. You do not own your gamertag — it is just licensed to you by Xbox Live — so you can’t sell the rights to your gamertag. The Xbox Live TOU clearly states:

You do not have ownership rights to any software made available or accessible on or in relation to the Service, or any other aspect of the Service (except you may own your own submissions), regardless of how the software and Service are used, accessed, downloaded, or otherwise made available to you.

The auctions of gamertags on eBay have now been banned by both eBay and Microsoft on grounds of violating each company’s terms of service. Though gamers have found other ways around these prohibitions, such as offering gamertags for sale on forums and Facebook, any gamer who is persistent in pursuing a sale of their gamertag may find their Xbox Live account deactivated by Microsoft as a result of these violations of the Xbox Live TOU.

Can You Sell Your Gamertag? - YouTube (http://www.youtube.com/watch?v=lQYXtTl-3ck&feature=player_embedded)

So I would still say no.

This video and that EULA was written before this law was passed. The article I posted states:

- "For if you agree to an EULA that is contradictory to European law, that point of the EULA is void"

The contradiction being:

- "You do not have ownership rights to any software made available or accessible on or in relation to the Service, or any other aspect of the Service (except you may own your own submissions), regardless of how the software and Service are used, accessed, downloaded, or otherwise made available to you."

EU law states now that I do own a licence, and that I can resell that licence as I see fit and, as already stated, the only way to achieve this is to sell the tag.

AmbaLaBamba
07-03-2012, 02:28 PM
This is what I'm saying though, Microsoft HASN'T updated anything or released anything as of yet which still means that what they say GOES as far as I'm concerned. So as of right now selling it would be against their terms.

But again the tag isn't something you've purchased so you wouldn't be able to sell that even under the current law. The games you probably could but there isn't any means of doing that right now.

DarKKendO
07-03-2012, 02:30 PM
But that was in April, this ruling came today. Again let's wait to see what MS says first.

I agree. I think waiting is the best policy to avoid becoming involved in some sort of lawsuit with MS or a buyer. Just wondering everyones opinion on the matter at hand :)

DarKKendO
07-03-2012, 02:32 PM
This is what I'm saying though, Microsoft HASN'T updated anything or released anything as of yet which still means that what they say GOES as far as I'm concerned. So as of right now selling it would be against their terms.

But again the tag isn't something you've purchased so you wouldn't be able to sell that even under the current law. The game you probably could but their isn't any means of doing that right now.

I agree with you completely. The tag would present a legal grey area where MS's terms would still hold true (in my opinion) however the EULA regarding software having changed has presented a contradiction.

I still definitely wouldn't get involved in it just yet though. Their lawyers would win any grey area hands down against an individual.

Dav13s
07-03-2012, 02:39 PM
I agree. I think waiting is the best policy to avoid becoming involved in some sort of lawsuit with MS or a buyer. Just wondering everyones opinion on the matter at hand :)

I agree with you completely. The tag would present a legal grey area where MS's terms would still hold true (in my opinion) however the EULA regarding software having changed has presented a contradiction.

I still definitely wouldn't get involved in it just yet though. Their lawyers would win any grey area hands down against an individual.

Use multi-quote ;)

OT - Agree with AmbaLaBamba, until MS change anything, you're still gonna get fucked over if you sell your GT.

ChickinOnaChain
07-03-2012, 03:15 PM
Who would buy a GT? I know people do but why?

Ayx
07-03-2012, 04:06 PM
As others said, people purchase gamer tags for the rarity of single word gamer tags and for the licenses it contains while license transferring to someone's Xbox. This happened a lot when the gamer tags with single words were hogged by a bypass when Xbox reset them by underground communities and sold them for high prices via Paypal.

My two cents on this:

You're using Xbox's Terms of Service which is an International Service meaning that the ToS should apply Globally and no exceptions should be made regardless of where the individual resides. (Unless there's some blood/racism law, like in Germany.)

So if someone tries so sell their gamertag/user information to make a profit, Xbox should (and will) ban you and will point out that when registering you Xbox LIVE you agree to the Terms of Service regardless of region. They might update it, but it will just be a loop around where selling your gamertag will still be illegal.

Yannie Boy
07-03-2012, 04:11 PM
It's still breaking the terms. Just like the selling of Marijuana in California for medicinal purposes. Might be legal at the state level but still illegal federally. By hitting that "Agree" button when signing up for live, you agree to Microsoft's terms, regardless of any other law, you have to abide from Xbox Live law.

WebFootFreak
07-03-2012, 05:32 PM
I understand the desire to buy a GT to access the purchased DLC & XBLA content. I know people who "share" GTs within a group for that purpose as well.

It sound like under EU law, MS may have to make changes... HOWEVER! Many of you may remember the mid-90's or early 2000's when the US govt was fining then daily... and they just snickered and kept about their business... it will take some serious $$$ to bring MS to change if they don't wish to.

*chuckle* I'm waiting for MS to say, "Fine! We no longer sell/support our product(s) to that country." Its sad to say, but that would cripple a country until alternatives were implemented. Apple? MS owns a percentage of them too...

Wildmn34
07-03-2012, 05:57 PM
Hi Guys,

I was just wondering if it is now possible to sell a gamer tag since Europe announced a law stating that sales of ANY used software is ok:

Source: http://www.lo-ping.org/2012/07/03/eu-court-ruling-allows-for-re-sale-of-used-games-by-end-users-you/

I've been looking to sell mine for ages however I don't want to go to some dodgy website and flog it for nothing.

Any thoughts?

That ruling was handed down today. That doesn't mean it will be the ultimate decision, due to appeals and such. Also, the law only talks about content licenses. As the MS ToS are written, MS really hasn't said you can't do that. But, they explicitly state you can not sell your gamertag, which in my opinion is something different than what the ruling is talking about.

You are asking people to make a judgement on something that was literally just handed down today. no one here can do that, anything anyone says about it is pure speculation at this point. You are going to have to wait, or face a ban.

DarKKendO
07-03-2012, 06:55 PM
That ruling was handed down today. That doesn't mean it will be the ultimate decision, due to appeals and such. Also, the law only talks about content licenses. As the MS ToS are written, MS really hasn't said you can't do that. But, they explicitly state you can not sell your gamertag, which in my opinion is something different than what the ruling is talking about.

You are asking people to make a judgement on something that was literally just handed down today. no one here can do that, anything anyone says about it is pure speculation at this point. You are going to have to wait, or face a ban.


I only asked for thoughts. All I want to do is discuss a current event with my fellow gamers. I don't expect judgements. Just the usual spirited conversation and opinions this forum is usually good for :)

Wildmn34
07-03-2012, 06:58 PM
I think MS could easily put something in the description saying something like "this is a one time use code" or something similar. Like on-line passes. One shot, and done.

I don't know. No matter what happens don't expect MS to jump through hoops to allow this to happen right away. They will fight it tooth and nail every inch of the way.

ConfederateSuga
07-04-2012, 09:31 AM
I agree that in the past they would have done this in a heartbeat however I don't think that they can anymore. The new ruling states however that:

-"Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy"

and to a lesser extent:

-"The exclusive right of distribution of a copy of a computer program covered by such a licence is exhausted on its first sale".

By these rulings MS couldn't ban the account since it is deemed interfering with a persons right to the sale of used software. Since MS trade within the EU then this law applies to them and overrides any EULA stating a contradiction to european law. They would be leaving themselves open to legal action if they oppose I assume.

BTW I am far from a law expert so I might be mistaken in some areas :)

Yes but you're missing the fundemental part of your post. You don't own your gamertag or account, Microsoft does. And you don't own your digital content, Microsoft does. Nifty little clause in their EULA. Read through it. So essentially, you're selling stuff that doesn't belong to you. I guess the bright side to that is if you 'did' sell your account and got caught, you should be thanking your lucky stars you're not being prosecuted for theft, too. haha.

Akram
07-04-2012, 10:24 AM
seeling your Gamertag? Thats Poooooom :)

ConfederateSuga
07-04-2012, 10:44 AM
seeling your Gamertag? Thats Poooooom :)

To his credit, I honestly "sometimes" wish I could sell mine and get away with it. With my 200+ XBLA games, DLC, Rock Band/Guitar Hero tracks and all my Zune shows/movies, all that stuff 'retail' is around $7,000. Not including my time invested in achievements, leaderboard hunting, tenure...lol, I'd take 10grand for my account in a heartbeat. But that's super inflation price. Realistically around $2500 would get me over haha. But that's exactly why it wouldn't work. So many people that've put thousands and thousands of dollars (many even worse than me lol) would have little benefit from it. No one in their right mind is going to spend more than 10% of retail on an XBL account. And that would open up a whole new world of boosters and what-not. People selling modded CoD/Halo accounts for $100 a pop. It would just further degrade XBL. Fugdat!

Evo Kazz
07-04-2012, 10:45 AM
People sell them all the time, via forums and facebook as already mentioned, the buyer then simply changes the tag to their own choice. M$ will never know any different, I have no idea why someone would want to sell their hard earned gamerscore though.

Saying that I have witnessed the selling of tags on a certain forum, and these people are not paying a few quid, we are talking hundreds here depending on content and gamerscore. Some people have money to throw away.

H2O
07-04-2012, 10:48 AM
No, your gamertag is basiclly your customer account with microsoft.

It's not software that you paid for and therefore not something that would be covered by that idiotic EU ruling.

Mister Spraggsy
07-04-2012, 11:56 AM
No, your gamertag is basiclly your customer account with microsoft.

It's not software that you paid for and therefore not something that would be covered by that idiotic EU ruling.

That's what I was thinking but all this stuff is beyond me.

ConfederateSuga
07-04-2012, 12:14 PM
People sell them all the time, via forums and facebook as already mentioned, the buyer then simply changes the tag to their own choice. M$ will never know any different, I have no idea why someone would want to sell their hard earned gamerscore though.

Saying that I have witnessed the selling of tags on a certain forum, and these people are not paying a few quid, we are talking hundreds here depending on content and gamerscore. Some people have money to throw away.

I get what you're saying, but as I said above, my digital content alone (not counting achievements/gamerscore/tenure which is at 7+ years) is worth over $7,000. There's no way in hell I would sell for "hundreds" lol.

sm182
07-04-2012, 02:07 PM
No, your gamertag is basiclly your customer account with microsoft.

It's not software that you paid for and therefore not something that would be covered by that idiotic EU ruling.

Yeah being given the ablility to sell on something that you paid for is REALLY idiotic.

Gackt
07-04-2012, 02:46 PM
You can't sell a gamertag. You don't own the gamertag, it belongs to microsoft.

H2O
07-04-2012, 03:24 PM
Yeah being given the ablility to sell on something that you paid for is REALLY idiotic.


It's a matter of selling licences rather than physical media and has potentially large scale implementation problems.

It also relates to ALL software sales and not just games. It'll be interesting to see how they're going to make Microsoft let people sell on/ transfer their used Windows keys.

Some of the ways companies could get around that ruling could be extremely painful for us gamers and i'd much rather things stay the way they are now.


If you want a discussion about the article start a new thread so we don't have to go off topic here.

liquidfire
07-04-2012, 08:42 PM
For me, the interesting issue is with more and more of the physical media being replaced by digital, how will this evolve when in the future the digital format is the more dominant.


Right now as it stands, I can buy a full game on xbox live, steam or orgin, and have no way to sell it (minus selling the account it is tied to), where as if I had purchased the physical disk, I can play it then sell it. I have legally purchased the game in both circumstances, however one of the formats prevents me from preforming one of the basic rights of owning something, which is the ability to sell/gift or otherwise transfer ownership to another.

Now recently, they have been limiting the scope of ownership by having to provide a key to unlock the game (mainly in the CPU arena right now, though I am seeing more and more codes for consoles). I can buy a disk complete with code, and I can sell/gift/transfer ownership of the disk, but the person I transfer it to has to have a key to play.

MightyPeter
07-04-2012, 11:20 PM
All the people who just say " You can't sell a Gamertag!" needs to read about the actual law that says EU citizens are able to sell the rights to digital games and things like that... (GoD, XBLA & DLC perhaps?)

It will be very interesting to see how MS & the others respond to this, it's a boatload of money at stake!

AmbaLaBamba
07-04-2012, 11:27 PM
All the people who just say " You can't sell a Gamertag!" needs to read about the actual law that says EU citizens are able to sell the rights to digital games and things like that... (GoD, XBLA & DLC perhaps?)

It will be very interesting to see how MS & the others respond to this, it's a boatload of money at stake!

Yes, but the fact of the matter is that you don't own your gamertag (which all the content is stored on) so you can't sell that which means there would still be a grey area.

Wildmn34
07-04-2012, 11:29 PM
All the people who just say " You can't sell a Gamertag!" needs to read about the actual law that says EU citizens are able to sell the rights to digital games and things like that... (GoD, XBLA & DLC perhaps?)

It will be very interesting to see how MS & the others respond to this, it's a boatload of money at stake!

Your Gamertag is completely different than what the EU law is talking about. The EU law talks about digital licenses. Not digital identities. On top of that the ToS that you accepted when you signed up for the service.

iBuzz7S
07-04-2012, 11:54 PM
You can't sell a gamertag.
This is like saying you aren't allowed to go over the speed limit. What's stopping me from doing so?

Face it, you (anyone, not just you Gackt) need to realise that rules aren't always followed. You can take game files and do your own thing and have modded lobbies online. End result? A C&D (cease & desist) from the publishers lawyers. If it were that big of a deal, why wouldn't they knock on your door and remove whatever it is that is allowing this person or these people from doing such a thing?

They'll slap you on the wrist and allow you to get back to gaming on your console.

I know quite a number of people who sell gamertags. I know one person who has made over $4,000 from selling them and he STILL has access to Xbox LIVE on his original console. The simple flaws of Microsoft and being able to edit your GT on Xbox.com.

If this was as serious as Microsoft try and make it out to be, they would come down hard on anybody violating their rules. But they don't.

MightyPeter
07-05-2012, 01:11 AM
Yes, but the fact of the matter is that you don't own your gamertag (which all the content is stored on) so you can't sell that which means there would still be a grey area.

Your Gamertag is completely different than what the EU law is talking about. The EU law talks about digital licenses. Not digital identities. On top of that the ToS that you accepted when you signed up for the service.

That's what makes it so interesting, like how MS will handle it if you want to sell a GoD for example, but since they are based in the US and have a pretty extensive ToS (and are pretty much as powerful as god) they can probably do as they please...
Someone will probably try and take them on regarding this, even if they're bound to lose...

the real a 0bsolete
07-08-2012, 02:12 AM
you could always try to sell it on ebay

Vampire Amaya
07-08-2012, 07:09 AM
That's what makes it so interesting, like how MS will handle it if you want to sell a GoD for example

Someone already posted part of the Xbox Live ToU which basically says you do not have ownership rights for any content purchased or accessed through the service (Xbox Live).

If you don't have ownership rights, you can't sell it on, because technically it's not you that owns it.

Rep
07-08-2012, 07:16 AM
you could always try to sell it on ebay

They usually delete any listings of accounts.