QUOTE(Zod5000 @ Jun 23 2013, 06:16 PM)
Two things:
1) They were going to ship codes with the games to activate the games online (IE to register them on your console and gamertag. Since those codes won't be shipped the DRM wouldn't really work. I guess they could turn it on at some point, but it would only impact releases from that point on.
Where did you hear they were shipping codes? I didn't see anything regarding that so I assumed it was some unique identifier on each disc (its something MS and even Sony have addressed previously, I beleive Nintendo even implemented a system like this n response to Wii hacking, but I could be mistaken)
If that is the case they could could activate their system at any point and lock down all games previously sold.
This would of course result in lawsuits (changing the licensing contract after you already entered into the contract by purchasing the game)
However it would allow for an opt-in system, allowing gamers to choose to "digitize" their license, and play without the disc and re-download at any time from anywhere without the original disc.
I am actually hoping for an option like this (on a per-game basis) because the more I thought about the advantages of the new system (especially the 2-license XBL family thing) the more I actually liked it