Well, first comes my favorite logic on the idea of server issues. How much money does it take to keep servers running indefinitely? Infinite money. Microsoft is not one to spend infinite money, and WILL shit can the servers straight up rather then leave one or two running to keep up with the checks and balances necessary to keep the X-box One running as we think it's designed. This is not a PC, it's not meant to be the gateway movement between work and play. It's an entertainment console, and they'll treat it like such, they don't have to up-grade it or hold the authentication in the same way they have to for PC Operating Systems, because in the end they chock it up to a toy.
Two, what happens if I swipe your disk and install it on my X-box One? You put out a complaint to Microsoft that it's stolen property and I have no right to your license, and I write to them that you sold it to me and that since I have the c.d. and purchase the license as intended does the license you have vanish? How do you fight people selling the disk, then saying it was stolen so they don't have to lose their license?
And situations like this are going to arise. If you purchase a game, and I take it from you before you get to download it, and download it myself isn't the license instantly mine cause it's attached to my X-box One? Not a big problem if your a lone guy, but in a college dorm? Who knows.
I'm just seeing the same issues that arise when servers go down for PC. You know that you can still buy Auto Assault in Big Lots? What do you get if you purchased it for 2 bucks on their discount rack right now? What do you get if you purchase City of Heroes? In a couple years what'll you actually get if you pick up a copy of Halo for the X-box One?