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Even though they say you need to have the Kinect connected to the X1 for it to work, can't you just plug/unplug the Kinect from the X1 when you want to use it? If people are so paranoid about M$ watching you whack off, plugging and unplugging the Kinect would be the next gen On/Off switch.
And I don't understand the more than X amount of people in a room thing. What are they trying to limit here? The number of people that are allowed to play a multiplayer game i.e. COD? I don't even understand what the point of that is? So you can't have a kids bday party and have all these kids around the Kinect because all of the kids need to be licensed users??
Kinect has to be plugged into the XBone for it to work. It won't work without it.
The X amount of people or Visual DRM is for TV not games. For example you buy a film which has a license to only be viewed by 4 people, if kinect scans the room and sees 5 people then you can't watch it because you've exceeded the amount of licenses.
The fifth person would probably have to hide or blend in to watch the film.
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I personally don't think it will make it through but I didn't think no used games and always online would either but here we are.