The current criteria for getting a game onto Xbox Live does not make sense, says Just Add Water CEO Stewart Gilray.

Speaking with Eurogamer, the Abe’s Oddysee creator expressed his annoyance at Microsoft’s rule that developers who had not sold a million physical units of a game had to be tied to a publisher to even be considered for a slot on platform.

"As a micro publisher who's 100 per cent self-contained, that does not make sense,” said Gilray.

“We might have to compromise, but it doesn't make sense. If we look at who's going to succeed in the future and who's not, it's like the Sotheby's versus eBay. Sotheby's has a similar model: ‘If we want your product! If you go through our dealers and collectors! If we like it you will be given the grace of being on our stage’.

"And then eBay comes along and says, you know what, if you've got Ferraris or you've got Ferrari toys, if you have an audience that wants your product, whether you're selling it for a dollar or a million dollars, you can sell it on our network. Go forward 10 years. Who would you rather be? Sotheby's or eBay?"

Just Add Water has famously struggled to get the HD remake of Oddworld: Stranger’s Wrath onto Xbox Live, even though the game is available on PlayStation Network.

"So even though we pay for the games ourselves, even though we bring tens of millions of dollars in previous content to the game, even though we would deliver a final product that they don't have to spend a penny on, they're making it a requirement that we give away 10, 20 per cent of that at least to a publisher for doing nothing except having access to their platform.

Microsoft needed to change the rules or it was heading for a fall, said Gilray.

"They will not have the success they've had because the world's changing very rapidly around them.

"What happens with success is people get inflated with success. The curse of success is you start thinking everything you did is smart. The benefit of failure is, you have to analyse and try and be smart and not assume you're always on top of it."

As to whether Stranger’s Wrath HD would ever make it onto Xbox Live, Gilray was unsure, despite Abe’s Oddysee somehow making it onto the system.

"We're still hitting with hammers. I'm not going to give up. There is a point where we'll have to give up because we want to do other stuff, but while we're working on Stranger, we're still talking with them to see if we can get it on there."

However, Stranger's Wrath HD would launch on PlayStation Vita in early- to mid-November, he said.