Backward compatibility means a new use of the material not stated in the first original contract. In this case Xbox 360.
Yeah, I was wondering about this. Would the developer and music creator/owner consider the backwards compatibility on the Xbox One as new use of the material, or would it be considered identical to before, just for the Xbox 360? The reason I ask is because, when you play a backwards compatible game, it looks as though the Xbox One is "emulating" the Xbox 360. To me, it looks as if you are logging onto Xbox 360 system, and people on your friend list "might" think that you are playing the game directly from the 360 rather than through the Xbox One. Because of this emulation, maybe the contracts and licences remain the same and do not have to be renewed or negotiated?
For a backward compatibility access you create a new contract for new licenses that permit the use of the content in this new platform if this was not stated in the original contract.
So if this is necessary, already high or higher than expected prices for new licences and permits may be considered too expensive for the developer? I imagine people complaining about games not being made backwards compatible, probably thinking it could be done by the press of a button. But then you have these possibly sky high licence costs that may not make it worth it. There is a chance and hope for that old games for the 360 may be bought by new users on the Xbox One, thus extending their online shelf life. However, perhaps most people already bought the game on the 360, meaning that the developer is then not gaining any money but rather have to spend extra on new licences and permits. For all I know, making a game backwards compatible may be done just cause its good customer service and not necessarily profitable, in fact the opposite.