Get PS3, you'll feel like a retard paying to play online if you get a 360. And, yes microsoft does everything it can to fuck you off their servers when playing with illegally downloaded content.
NHL10 on PS3 + free online gaming + blu-ray = win.
Also, the 120GB PS3 is $299, the Xbox 360 Elite is the same price. The COD:MW2 edition is $399 and you get an extra controller, the game, and for some reason a 250GB HDD.
In my apartment for the past 2 years we've had a:
PS3
Xbox 360
N64
SNES
NES
Wii
Sega Dreamcast
Of all those, the Xbox simply gathered dust because no one wanted to pay for an online subscription. We had 4 controllers for that and only 2 for the PS3 but we played that about twice as much as any other console, with the exception of N64 (Mario Kart).
edit: OH YEAH and of all those consoles, the ONLY one that ever malfunctioned on us was the Xbox RRoD, which happened after a year for no reason because no one ever played it.