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It's because there isn't a hard and fast line, it's a subjective one. There are elements which support both sides, but generally if you can see the licence agreement before paying and if it's explicitly stated to be a licence and not a sale, then it's likely to be considered a licence by a court.
In your example, the DVD is considered a sale. The movie studios cannot, for example, stop you from reselling the DVD by putting a licence on the disk stating you cannot.
Now, in this case, to be a proper licence they need to decouple the advertising for the Xbox and Live, and to make it plain that it's a separate service (which it is, because Live is also technically for Windows PC's)
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