I think its important to point out that people who bought games from vendors who broke street date also got punished this way.
Example - You go to some run down store two days before a game goes out. You ask "Hey, do you have X behind the counter." Idiot who does not know when the game should be sold says yes, sells it to you. You go home, play paid for game, get banned from Xbox live.
Dunno how you guys feel about that, but I think that's kinda shady banning. I can see how a lot of the early sales can be negotiated with full knowledge of the early sale, but I imagine a lot of soccer moms have done it on accident, and now their lil Billy is wondering why he can't call people ni**ers over live.