I'm not talking about going to court for any reasons.... policy or not this is not a legal issue therefore there is no reason it can't be debated in favor of both parties.... I have signed half a dozen of contract and policy books lately if there was stuff I didn't like in it.... I just asked for the stuff to be removed from the policies or the contract or to adjust something else in my favor to compensate or there was no deal.... even when the company holding the contract was a multi billion euros company... it's in their best interest to adapt to each situation if it means gain for both parties...
fact is if it is not a federal or state law that is being broken it can be change in a case by case situation... that is true for any and everything in the business world....
in other words if they are already released on an other platform and if they are successful they have plenty of weight to convince MS to bend the policy... or do a deal like I release first my next game on XB if you let me release my current IPs on your console first.... like I said if it isn't a law it is nothing more than a line on a piece of paper and those line can all be changed no matter who is behind it.... it's all about incentive for and from both parties.... and it doesn't take long to change... and doesn't cost much time or money especially for big companies that have a dedicated policy department.... 10 minutes on a friday evening is enough...
