If a person is swerving all over the road, I don't give a damn why, he needs to be pulled of the road and have his license pulled until he learns to drive. The same for those who follow too close, obstruct traffic, and the like.
Yes. Because these aren't wildly arbitrary standards that would most definitely be selectively and (hopefully, although probably not) arbitrarily enforced.
...or the 300 pound guy who can probably drink four beers over the 'average' number of three and still be safe to drive
Since legislation is written in term of BAC and not in terms of "how many beers you had tonight," this is a non-issue. Also, even someone who weights 300 pounds would be close to/over
What ever happened to innocent until proven guilty? Those fundamental rights have been taken away
I understand why people who don't really care about the bill of rights evoke it in every single discussion -- it's a cheap rhetorical device that appeals to American populism, so that rational discourse becomes unequivocally associated with intellectual/authoritarian/nazi/commie attacks on fundamental rights.* But if you really are concerned with the right to due process, it's not a good call to insinuate that industry regulation is a dire threat to due process. You're just contributing to misinformation and confusion.
*ie, person X: "And the nth amendment..."; person Y: "That's no what the nth amendment says, it has never said that, and none of the founding fathers ever had that intention. Also, the courts would find that laughable"; person X: See! Person Y is purposefully limiting what the nth amendment says and revising history! They be nazis!"
I thought this was part of American "First Sale" doctrine?
First Sale relates to resale rights, and (AFAIK IANAL) probably not much else. See wikipedia.
So, Microsoft can't stop you and your friends from making a non-distributed, privately used sex game for the kinect using entirely your own software and not distributing that game publically (of course, good luck with that.) If they can, that's bogus and your concerns about slippery slopes and the ability to limit freedoms are probably more justified.
All in all, I don't see much problem with this. History proves that if Microsoft gets too restrictive, both free and proprietary solutions will provide viable alternatives to those of us concerned with freedom.