Esports and Licensing concerns IRT Microsoft and Xbox

Thanks for alerting me on this matter, I won't participate in the license transfer.

Please don't bump old threads.

Nothing in the Terms of Use or Code of Conduct explicitly prohibits such an action. I've gone over the Marketplace Theft page on the enforcement website with several Microsoft representatives and they have stated that is fine to do this. In fact, on their
Digital Rights Management webpage, they list explicit instructions on how to do this.

@AmuricanPatriot thats the thing we also agreed to the code of conduct which has

Don’t engage in fraud or unauthorized transactions. For example, don't:

• Lend, transfer, sell, or otherwise provide third parties access to your accounts or Gamertags
  
• Access or attempt to access accounts that you do not own
• Purchase memberships, games, gift cards, account credit, or content from unauthorized parties
  
• Attempt to use or share fraudulent methods for getting memberships, games, gift cards, account credit, content, or hardware
  
• Use your account to trade services or in-game content for memberships, games, gift cards, account credit, or content
  
• Resell or redistribute any part of Xbox Live
  

This would be considered fraud since youd be attempting to get access to content you did not pay for

Also phone support arent usually the best people to go do with what will or wont get you banned since they have nothing to do with bannings

In short... yes, you would both get banned.

What you are describing is called Marketplace Theft and is against the ToU and CoC of the Live service that was agreed to upon creation of the account.

If caught doing something like this you not only risk having your gamertag(s) banned but also the possibility of having the console(s) involved banned as well.

It's best to purchase your own copy of the game.