Oh I completely agree to this, but if it's actually a decent update to the hardware then I'm wondering whether I should rent the set and update my box. While I'm not surprised that Microsoft would slip something like this out there, it does annoy me that they don't let everyone know. You'd think with all the lawsuits filed against them over the years, they'd learn the value of warning labels. Go figure.
This isn't the first game to do this; since they technically own the software on your xbox (it is a license agreement) it is well within their rights to maintain it.
It's not the answer you're looking for, but what can you do? <shrug> It *IS* their IP. (intellectual property)