Let's assume for a minute that this is true and not a controlled leak.
MS put up massive walls around their garden, publishers are happy but gamers aren't. Sony have a nice open playground that publishers aren't happy with but consumers are. Consumers buy PS4 to avoid the newly walled garden, but the publishers are intent on releasing their games on NXTBX only to keep their property away from used gamers and pirates.
At this point, investors step in and tell them to get real and release their games on the other console as well since development cost additions are not going to very large given the similar architecture and the sales potential is worth any hit they might take on piracy/used games.
All of these publishers bar Valve have got investors to answer to, so even if Bobby Kotick says no COD on PS4, investors would force his hand to release the game on the more popular console.
The other problem for MS is that they have just released Halo 4 on 360, so that cartridge in their gun is empty right now. They will have no Halo game at launch for NXTBX to force adoption from the hardcore gamers, nor will they have a Gears of War title. In the face of that there is nothing from MS's first party to force gamers onto their platform. There is a good chance that an exclusive next gen COD on Xbox will fail in favour of PS3 and 360 versions because very few want to get the box itself and it's not like Activision aren't going to make COD on current gen boxes.
If MS do release NXTBX with this terrible implementation of used game and piracy control, I fear for the future of Xbox as publishers are not going to ignore PS4 given how popular it is in Europe and how unpopular anti-consumer moves are around these parts. People in the US might get on board, but there is absolutely no way we will in Europe.