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I don't buy that.
MS wouldn't punish people who are legally purchasing the game early. That's bull-crap. They didn't pull bans on people who bought Bioshock or GoW early, this shouldn't be any different.
But seriously, all you have to do is use common sense. If you get the game early, unplug the ethernet cable/shut off your router...
Wait. Wrong GTFO. Um... Source or GTFO. That's better.
and even then, like stated above, the gamer isn't doing anything wrong... some may not even know it's not supposed to be on sale yet
so, what, does the console warn them, put up a prompt saying you will be banned if you play? not everyone checks online before they play... so, i'd imagine there would be legal action if people were getting banned for something stupid like this
Also just don't use your hard drive.
Lame. Well that's why you play smart and remove the HD like alot of those people have been doing. :P
P.S. MCV also ran with this story, and they're a serious news company...
But - good news... Microsoft has now backtracked and said they won't ban anyone (well... maybe just their own employees if they are found playing it ahead of time). http://www.pro-g.co.uk/news/19-09-2007-6492.html