I also posted this over at the XBox forums earlier. I'm having the same issues and figured some feedback may be useful.

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XBL / M$ should give the customer the option to retire a console's serial number and activate a new one in the event that an xbox is replaced due to an untimely death. The legitimate purchasing gamertag coupled with a valid retired serial number to disable usage rights would effectively allow customers with multiple gamertags in a family or household to continue playing on a single console regardless of whether they are signed into XBox live or not, and at the same time protect M$ from piracy abuse.

My original 360 died w/ a RRoD last week, and I bought what was probably one of the last 360's available in any retail stores in the Philly area because I don't feel like waiting 6 weeks for it to be replaced. I moved mine, my son's, and my gf's to a 512 mem card and had each of us sign in and move our data off of the old HD, then sign into the console with the new HD back in place and move each of our saved files (and maps, in the case of Halo 3) to the new console.

I then redownloaded some of the content I bought with my original gamertag thinking that would cause it to reregister the rights properly. Unfortunately, although I can now play the content, my son can not play the new map pack for Halo 3 because I originally downloaded it, not him. And I'm sure as he tries other downloadable content, we will run into the same problem.

So, hypothetically speaking, what happens when me and my family decide to spend some quality time together by playing rock band, but can't play any Metallica songs or any of the other content that I downloaded on the old console because my bassist and drummer didn't buy the content too?...

I actually think allowing a customer to retire an old console and activate a new one with a legitimate gamertag would solve this.