Unless I'm reading his quote wrong, I think the issue of sharing a game to play with a friend isn't that big of a deal.
When I play games with my friends (Say Madden) we play one on one against each other anyways. We don't use Xbox Live for that. He specifically says to use it on Xbox Live, you have to pay the fee. So if I just want to hold a madden tournament or Call of Duty I don't pay any additional fee. Even if we play on a friends system. UNLESS we play on xbox live. Am I reading that right?
Also, every game you play automatically downloads to your system, and you can play the game without the disk. So I guess it makes sense to charge the fee, b/c with that set up all you would need is one game and 10 people could download and play it anytime they want on their own consoles. Unless they charge a fee.