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The problem and potential liability I see is Kinect gamers getting injured while playing it. From a legal standpoint, requiring sitting for games precludes many lawsuits. If people break ankles, strain backs, and on from having to play Kinect standing up, then it will make  Wii itis and Wii controllers breaking flat screen HD TVs look desirable in the courtroom.

People have sued McDonald's for scalding coffee, I am sure there are a few underemployed lawyers with a love for Apple and a hate for Microsoft who would love to take a class action lawsuit over Kinect to court.