Which do you mean? Any version of the game no matter how complete before the date of its retail release. or Pre-release versions of Xbox 360 games even after the game is available for retail sale. or both?
Any chance of changing this to unreleased/about to be released software for all current gen hardware? I know you/we got burned from that asshat trying to offload an X360 game just before it hit the shelves, but it is highly probable a similar cease and decist would be sent from any other active developer about to release on current gen hardware. Even without a cease & decist it would be unethical too especially for a white hat, to dump a game just before everyone could buy it and hit sales. IMO dead system or dead company with dead rights NP though (which are few and far between).