Interesting posts here.
Ok, I was doing some thinking here. Try this on for size.
What is this "mode" that the dvd drives have to be put in to read or write to flash?
OK, Is there any other reason besides read/write functions, one would have to put said drive into this mode?
What if the drive itself has an E-fuse that is blown when the op mode is changed?
What if the games themselves have hidden sub routines to check the drive and then log to 360 flash?
What if the system itself has a POST for drive HW as well and log results to flash? This would eliminate the need for M$ to talk directly to the drive FW.

?
We will never win against M$. They learned an INFINITE amount of knowledge in part one of this saga.
I wouldn't be at all surprised if this time around, they had a way to tell when you change your underwear.