Cool device, but I'm not buying one unless I decide I need an infra-red disco ball.
On the legality issue for the driver. M$ hates open source (freedom) more than anything. That said. The Kinect device will most likely contain some sort of firmware/bios, which will be "M$ copyrighted code". If an open source driver is written, M$ could, with the right lawyers, claim improper use of said code, or even more so (but a much further stretch), copyright infringement, in simply using the device on a PC because a PC could be used to easily dump said code and we all know why that is bad (for M$
). Not to mention, the driver would cut into M$ profits if (when) they release a similar device for Windows (why buy it when you have the Kinect with a windows driver?). The list of propagandized possibilities goes on and on. Look for big problems from M$ here.