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After seeing a video of a fighting game where the player kicked and had his foot retrun to the ground before the character on screen began to kick, I can understand why Microsoft is trying to "protect" Kinect from reviewers ...

It is likely that Microsoft initially anticipated strong support from third party publishers, who would bring a lot of quality titles, but what was delivered is much lower quality. Regardless of whether the underlying issues are related to software, Microsoft doesn't want consumers to hear that (some) games are a laggy mess on Kinect before they buy into it.