Thats the one thing I don't get about PS3... you cant download anything while the system is off.
While I see you point. The main source of income for MS is its DLC and online community. Its been built that way through its XBL subscription service. Chances are if you have an xbox, you're paying for xbox live.... While Xbox does have single player games, the majority of its library is dedicated towards co-op and multiplayer. People may not like it, but online required is going to be a fixture of gaming in the future, especially when Google fiber goes global.
Another way to look at this is the fact that most developers want online requirements. Lets say MS gives them this, while Sony does not? Who will get most the games, timed exclusives, and DLC content? If Microsoft has been pressured into this by the gaming industry then they are doing whats best for their business in terms of raking in exclusives. Meanwhile, Sony's console may claim that it doesn't have online requirements, but I can guarantee that games like Destiny will require online connectivity regardless. So while MS gives into pressure, it will adversely affect PS4 anyways.
Online requirement will serve a different purpose on consoles. Rather than copyright issues, it will provide a way to better serve the player through on the fly patches, game balancing, and server updates without the need to interrupt gameplay. I've already notice this somewhat being done on COD when playlists get updated and people have to back out to the title screen to refresh their list to be able to join their friends that just got online.