first_imgUpdate: Activision has intervened and may have players banned.Modern Warfare 3‘s street date has been broken, and a few lucky customers on the east coast are already getting their game on.Some gamers have been afraid to dig into the game’s multiplayer for fear of being banned from Xbox Live due to a “prerelease title play” violation. Such bans have been issued in the past when Microsoft-published releases including Gears of War 2 and Halo: Reach were leaked and pirated online prior to the release date.However, Microsoft policy director Stephen Toulouse has stated that those who bought the game at retail, even early, are safe. “If your copy is legit and obtained legitly, have fun,” wrote Toulouse in an official tweet on Thursday afternoon.In fact, the safety of retail copies is consistent with previous policy. In the aftermath of the Reach leak, Toulouse stated that “legit store bought copy runs no risk of ban,” and that those users who were permabanned were actually banned for piracy or unauthorized access to review copies, not for early access to the retail game. “We have ways of knowing [the difference],” he added.Some shipments of MW3 arrived at Kmart stores with instructions included to sell the copies immediately. Whether this was intentional or a mistake remains unclear. It appears that the chain has temporarily stopped selling the game, but not before some lucky customers in cities including Miami and New York got home with their copies.Other players have taken to profiteering instead and are selling copies on eBay and Craigslist for prices upwards of $200.Read more at 1UPlast_img

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