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The solution is simple, MS has to come clean and say:

"if you want hot swapping of your retail games then you have to install them in the hard drive and have an always online connection sorry but is the only way for hot swapping, if you want to sell your games or lend them to a friend you go to the games menu and hit 'desactive game for this machine' and you can do it yourselves nobody else involved you can desactive them yourselves then you can do with the disc whatever you want and if you want to 'activate' the bits installed on your machine and you don't have the disc then you pay the current digital store price"

"if you don't care about hot swapping then don't install, don't activate the game just put the disc in the console and you can play this way offline too"