Up til now, those who didn't like the looks of the NXE could, in theory, keep their consoles off Xbox Live and keep rockin' the blades like it was 2005. But no longer. Beginning with HAWX and MLB2K9, 360 games will now come with the update on the disc, meaning if you don't have the NXE and then insert a new game, it'll be installed automatically, whether you like it or not.
Don't worry. There are plenty of ways to make your avatar look sad.
NXE now included as mandatory on-disc update [Darkzero]