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[friedgold]

Distributing the source code is fine - you wrote it so you own it and can do what you like with it. For example XBMC have their sourcecode available from sourceforge. However when you create a xbe various MS libs will be statically linked in - this results in a binary which cannot be distributed without MS's permission.

So from a legal point of view distributing source is fine, distributing the xbe isn't.

The other thing to think about is it might lead the company you're applying for to ask how you obtained the XDK, given that MS only sells the XDK to licenced developers.

[darkstalker]

As someone that works for a large game company, I can tell you immediately that if you claim to already have XDK experience, but didn't have a license and didn't work for an official Xbox developer, most companies would not come near you with a ten foot pole. You could possibly be considered "tainted", much like anyone that claims to have had the leaked Windows source from a few months back. The company will not want to risk hiring you and then being responsible for your illegal use of the XDK (as they will be, because most game development and software development house contracts specify that anything you create while hired, whether at work or at home, between work hours or not, is instantly their property).

Also, it shows that you're willing to break the law and go through illegal means to do what you want. What's stopping you from doing the same with the company's games or source code?