It is not illegal to develop for the XBox. It is only illegal to use Microsoft's XDK to compile and release software since it requires you sign an NDA and pay a fee and open source developers can not do that. However, with OpenXDK, you can develop, compile and release since OpenXDK was developed without reverse engineering MSXDK. Using OpenXDK, it should be easy to port to XBox, since there is also SDLx.