I know some people might think this is a good idea and feel all warm and fuzzy about it, but this could have a negative impact. MS spent a ton of money developing this, with the idea that they can make this up with game sales. If people only buy the hardware, then they can't make up the R&D costs. Which makes it a non-profitable product.
So then they will have to raise the price, cancel the product, sell it only in bundles, and likely they won't develop a Kinect 2.0. None of those are good for Kinect's future.
Personally I think MS has a right to protect their investment and hope they figure out a way to prevent such unintended uses.
But how do these people buying only hardware negatively impact those that want to buy the hardware and software? I don't see this negatively affecting MS and Kinect. Seems to me, these people weren't going to use for gaming either way, so now they're simply buying the hardware which still makes MS money.
Interesting to see a Google engineer helping MS with Kinect.