Phil went on record saying that it is 'up to the devs', and that there will be games that will not work on the Xbox One that are for the Scorpio. It is their way of 'starting a new gen' without actually coming out and fully admitting to it. Basically passing blame to the devs, and looking 'good guy' in a gen that has not even fully taken off. We will see how/if that goes down. Marketshare is key, and right now they do not have it, so a 'reboot' with BC was to be expected. There will be Scorpio specific software, however, Xbox One games will work on it (probably much in the same way as the 360 wrapper), but not the other way around.
Sony's strategy is a little bit more consumer friendly in that regards with non Neo specific/exclusive software.

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