EA Sports have sent along a reminder that all new copies of NBA Live 10 include a code to activate an NBA Live 365 subscription. If you are buying the game new, do not purchase a subscription from the Xbox Live Marketplace or the PSN Store; you will only need to purchase a subscription if you're buying a second hand copy.
I've also been told that the Dynamic DNA updates will begin as of October 26th 2009, in time for the start of the 2009/2010 NBA season.