I get exactly what you are saying apj, and as I said earlier, IF they are permitted to consider consoles and games together, then that is a way around it, and it would be legal in the eyes of the government. Barring that, it would be illegal. I'm sure they are either not selling at a loss OR they are doing what you say with games included in the overall cost analysis, or there wouldn't be any out on the shelves. I'm not saying Microsoft is for sure not selling the console itself at a loss, I'm saying that they are obviously doing something serious to keep it from happening. And P11, it only matters as far as price vs. cost of an item, whether that be console+games or merely console, not based upon the company's total revenue, because often companies take a loss on a quarter or even over a longer time period
EDIT: here, I looked up one instance of this law in Minnesota's state laws, but rest assured every state and/or the federal government has similar laws regarding selling below cost
http://www.revisor.leg.state.mn.us/stats/325D/04.html