If what you said it true, and you take their statement at face value, why didn't they make games like Singularity (an Activision-turned Microsoft game with an original IP) to the BC program? Or the 2009 Wolfenstein? Or the two 360 Crash Bandicoot games? Or Blood Drive? I get that there are tons of Activision games in the 360 era that were licensed (Marvel, TMNT, Legend of Korra, Cabelas, NASCAR, Transformers, Men in Black, etc.) that they might not be able to come to an agreement to re-release, but games with original IPs shouldn't have been a problem. And these are just the ones that are Activision / Bethesda that are now currently owned by Microsoft themselves - tons of other games fit these criteria, and they absolutely could have been backwards compatible back then, but weren't.