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Kinect Commercial Hardware License question RRS feed

  • Question

  • Ok, so I understand that by connecting my Kinect to something that is not an Xbox 360 I void the warranty. So far, so hackable.

    I also understand that the Kinect Hardware license here: http://support.xbox.com/en-GB/xbox-360/troubleshoot/warranty/kinect-warranty

    states that by using Kinect Hardware in a commercial project I am voiding the warranty.

     

    My question is, if I use the Kinect hardware in a commercial project, such as to generate motion capture data which is then used in a film, but without using Microsoft's SDK or drivers, am I breaking any of Microsoft's software licenses?

     

    Tuesday, October 11, 2011 11:51 AM

Answers

  • FYI, the Kinect SDK license extends the Kinect license, meaning that hooking it up to an SDK-driven computer doesn't void the warranty (though if you abuse it, e.g. hyper-using the motor, you may void it).

    By using the Kinect in a commercial project, you're almost certainly violating the license for the SDK and the Kinect, and you should consult with an attorney regarding the legal implications (especially if you intend to reap profit).  Please see the FAQs on this site, and in the Kinect SDK.

    Tuesday, October 11, 2011 1:10 PM
  • As mattharvest said, you should present an attorney with all relevant licenses and ask them to offer their own interpretation to you. These forums are not the place to ask for legal advice or give it since, even if I have a personal understanding of what the various licenses mean, I can't give you an official (and everything I say in this public forum may be interpreted as official) legal recommendation without risking putting us both in troublesome legal grounds.

    I understand lawyers are expensive, but that's unfortunately how things work.

    Eddy


    I'm here to help
    Wednesday, October 12, 2011 8:52 AM

All replies

  • FYI, the Kinect SDK license extends the Kinect license, meaning that hooking it up to an SDK-driven computer doesn't void the warranty (though if you abuse it, e.g. hyper-using the motor, you may void it).

    By using the Kinect in a commercial project, you're almost certainly violating the license for the SDK and the Kinect, and you should consult with an attorney regarding the legal implications (especially if you intend to reap profit).  Please see the FAQs on this site, and in the Kinect SDK.

    Tuesday, October 11, 2011 1:10 PM
  • Thanks for your answer. My question is really  NOT about using the SDK, rather about the hardware. I understand the MS SDK  (at the moment) prohibits commercial use. But what if I don't use the MS SDK, and just use the hardware and some other software to connect to it? Is that in contravention of any MS licenses?
    • Edited by poptatari Tuesday, October 11, 2011 2:16 PM
    Tuesday, October 11, 2011 1:56 PM
  • As mattharvest said, you should present an attorney with all relevant licenses and ask them to offer their own interpretation to you. These forums are not the place to ask for legal advice or give it since, even if I have a personal understanding of what the various licenses mean, I can't give you an official (and everything I say in this public forum may be interpreted as official) legal recommendation without risking putting us both in troublesome legal grounds.

    I understand lawyers are expensive, but that's unfortunately how things work.

    Eddy


    I'm here to help
    Wednesday, October 12, 2011 8:52 AM
  • Ok, thanks for your help. It's a pity the legal position on this is not clearer.
    Wednesday, October 12, 2011 9:02 AM
  • The legal position is, frankly, quite clear.  Your problem is that none of us can give you legal advice.  If you feel you do not understand the license presented in the Kinect hardware and software, then you are obliged to speak with an attorney.  
    Wednesday, October 12, 2011 2:10 PM
  • Hello Eddy, 

    Could you give me a telephone number to contact with the correct person to speack about a Kinect licensee for a commercial use?

     

    Thanks!

    Thursday, December 15, 2011 8:21 AM