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Ok, but in that case, how got Torque approved by MS for XNA/X360? They're also "just" providing some middle-ware, with an export function?
They followed the 3 steps. They had a game (Marble Madness, or something like that). Microsoft approved it for their Live Arcade. Torque did an engine port.
Note: You still can't buy the Torque XBox Dev kit without getting approved by Microsoft. So you will still have to follow the same 3-steps if you use them.
(Yes, there is a new Torque that uses the XNA Creator's Club, which is cool, but that isn't the same thing as being able to make full 360 games.)
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