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As far as I know, in order to publish a Kinect game on XBOX console, you need a commercial version of the Kinect SDK. The problem is, I couldn't find a reliable source to research about the subject. Do you know:

  1. What are the conditions for getting the Kinect commercial SDK?
  2. Is it possible to buy it without owning a company?
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You'll need to be an "Xbox 360 Registered Developer". It's not as simple as just wanting to do it. There's more information on the Xbox 360 Registered Developer page on Xbox.com. I believe XNA doesn't support Kinect for Xbox 360, you'd need to gain access to a proper devkit and access to the libraries available only to registered developers.

If you have an idea you want to pursue, you might find it easier to find an existing approved publisher and get them to help develop your project.

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