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The FAQ mentions this:

What happens to my Games with Gold games if I cancel my Xbox Live Gold or Xbox Game Pass Ultimate subscription?

On Xbox One, you’ll no longer be able to access your Games with Gold titles if you cancel your subscription. However, if you decide to renew your subscription at any time, you’ll be able to access and play your previously redeemed Games with Gold titles again.

On Xbox 360, any Games with Gold titles that you redeem as an Xbox Live Gold or Xbox Game Pass Ultimate member are yours to keep, regardless of whether you continue your subscription.

So if I understood it correctly I will only be able to play 360 games on a 360 because when my subscription ends ALL of "games with gold" games are not accesible from an Xbox One.

Does it work that way or are the 360 "games with gold" available on both consoles no matter what the subscription status is?

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Do I need an active gold subscription to play the 360 “games with gold” on Xbox One?

No, you don't.

I just tested it with Dead Space, Far Cry 3: Blood Dragon, and Red Faction: Armageddon among others on an Xbox One, but I assume any Xbox 360 game will work.

To summarize:

  • You can download and install both Xbox One and Xbox 360 games onto your Xbox One regardless of your current subscription state, as long as you redeemed them while still a Gold member.
  • You can only play Xbox One games if you currently have a valid subscription. The game may ask you to connect to the internet to verify your subscription status.
  • You can play Xbox 360 games without any restrictions whatsoever. They still require a valid Gold membership for online play, however.
  • Thanks a lot for your tests. The faq is written poorly and it is kind of strange that the system let you install the xbox one games but it does not allow you to play once it is installed – Serxipc Jun 25 at 14:34

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