I disagree, I think a dev that wants that will simply disable the snap portion of the Kinect. I read it was only for video, but that could be mistaken, im assuming the whole snap functionality will be lost, and you will get a disclaimer at the start of the game. It does open a little can of worms like I had previously said on this subject, but there will be a dev to do it or push it. Also Kinect GPGPU is also down with in this reservation as well. Im just thinking voice is going to be the only thing you are able to do. we shall find out, we are all speculative right now anyhow
Surely devs could be smart and maintain snap by scaling their render targets during snap? When you snap an app it takes up 25% of the horizontal resolution, also adding black bars on the vertical to your game, so a 25% reduction in the vertical as well. So the game is only displaying on 50% of the area of your tv.
A 1080p game could be dropped to 810p when snapped with no visible difference freeing up GPU resources for the snapped app. It may not be as seamless as you would be juggling resources more, but most snapped apps are either very simplistic, ie the party app, or rely on an internet connection, ie Machinima.
I imagine there are other hurdles to overcome by implementing something like this, it's just my layman solution