"Maybe we're going to have some PlayStation Eye stuff, but that all depends on whether we can slip it past Microsoft. I might not be able to talk about this just yet..." said Ubisoft's Julian Gerighty,
speaking of the Minority Report-style controls he'd implemented for the PlayStation version of EndWar. A feature that didn't make the final release, and was never spoken of publicly again, AFAIK.
But as you say, their current ability to
enforce this abomination is somewhat limited by their install base. But people keep buying Bones, and developers keep signing on, so the parity clause continues to recover its strength, and may once again be able to veto innovative features on rival platforms as intended.