If they don't want to pay somebody for selling a game that plays like crap all they have to do is not allow the game to be published on their system, once they've accepted that it's something that is of suitable quality to appear on their system and earn them money then they have an obligation to stick to the contracts that they've agreed with the developer.Remember, this is specifically for the XBLIG service, which is composed of 97% garbage games that don't deserve to make a profit in the first place, as they are exploitative knock offs of other games, offensive in their subject material or are just so poorly made that they should barely be considered products in the first place.
It does however, really suck for the handful of decent titles and devs on the service.
I'd imagine that a delay in payment could well be make or break for some developers, as this has happened previously does anybody know if Microsoft are obliged to pay some sort of fee to the developers due to it being late?
This is such a shame, when the 360 was selling well Microsoft seemed to really have been interested in the indie space (one of the reasons I liked it) but in some ways they seem to have stood still while other platforms have moved on when it comes to smaller developers.
For anybody here who's still waiting for their "wages" so to speak, I do hope it's sorted out as soon as possible without any negative effects to you. Although it isn't the same everywhere I'm sure that most indie developers that visit here need even more cash at this time of the year so payment after christmas is going to be too late.