Nope. Cool and quiet, though the fans on my Gigabyte are audible when I'm really and truly stressing the thing, mainly with synthetic benchmarks.
Exactly. No one wants to cross retailers for obvious reasons. Disallowing used games would be a huge double middle finger to retailers. Not good for business. The real problem is thin(ning) profit margins, due mainly to the huge cost increases of making games, especially the AAA blockbusters that everyone seems to think all games must be. Something will eventually give, and in fact it already has: mobile games are much cheaper to make and are a huge source of revenue. Epic made more money on Infinity Blade than Gears of War, and that's starting to become the norm. What we may eventually see is companies using mobile games to subsidize the AAA blockbusters, which means a shift of the low- and mid-level development teams toward mobile platforms (read: iOS). There might be some Nintendo love tossed in there too, but the 3DS is a money hog compared to iOS (just compare game prices between iOS and the 3DS), so it may not be much better than consoles in terms of profit margin. Ultimately, companies are going to have to make less games and better games. That should boost profits back up, eliminating the perceived need to kill the used game market.