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.