They'll have to hack it in the first place, and both consoles have done quite a bit to prevent hacking in their recent updates. Unless they're idiots they'll apply those lessons to the new consoles straight out rather than leaving people with vunerabilities to use to pirate anything in the first place.
With the Xbone they'll have to deactivate the install check, the daily check and never be able to play online as the code they generate will likely not be activated.
Of course, there's plenty chance they missed something in the new hardware that a hacker will find first, but if they force an update on network connection they'll still be able to kill multiplayer.
That said, I SERIOUSLY doubt that the fee is really going to be 50 bucks, perhaps up to 50(for a release week title maybe), but no way in hell is that going to keep going for very long.