Kick to XMB only happens when in a hawk. So if you play on the ground or even in a jetpack, you're fine. LBI has to fix the Hawk coding. I think it has something to do with a time limit. Seems like after so many minutes of Hawk time, I'm kicked. Never timed it, but maybe I should.
95% of the time is in a hawk but I've had it happen numerous times on the ground and even if it was only in a hawk....well..again that would still be completely unacceptable.
Wait, what?? It happened to you on the ground?? This is Inconceivable!!