Interesting. Suppose there's two sides to the issue.
On the one hand, it's the same as when people go "CALL OF DUTY KILLED MY 360 WTFBBQHAZASDFASDF!!!111"; ie, logically speaking, if your 360 is going to Red Ring, you're not going to find out about it while it's turned off. You'll be playing a game; most likely a new game. So when the system finally breaks down...
"SUPER MEATBOY IS HAX GUYZ I WIL SUE"
So if you just bought a Kinect, and your system breaks down . . .
On the other hand, we do know Microsoft has a habit of denying any failures on its part until the unerring truth is shoved in their face. (Come to think of it, they denied the whole RRoD epidemic in the beginning, as well.) The incident that sticks in my mind is the (I believe it was--) BBC playing the watchdog, with the '360 scratches discs' report.
. . . so I wonder, will it be The Escapist, with a scathing 'Kinect DOES Cause Red Ring' report, this time around?