If you happen to purchase a copy of Call of Duty: Modern Warfare 3 early, but legitimately, from a retailer that has chosen to break the current release embargo of Tuesday, November 8, don't try to play the game on your Xbox 360 or PS3 console. Joystiq reports that a number of Kmart stores have mistakenly sold copies of the first person shooter from Activision to customers.
Some of those customers have turned around and tried to sell those advanced copies of the game via eBay (although eBay has apparently shut down those online auction listings quickly). However the disturbing thing is even if you get lucky and get a copy from a retailer who doesn't know about the release date embargo, it may not be safe for you to play the game.
Stephen Tolouse, who is Microsoft's Director of Policy and Enforcement for Xbox Live, posted on his Twitter page on Thursday, "dblchk'd with Activision. Mw3 pre-release play not authorized. So pls be patient. Playing early may impact your account!"
Personally, we don't think it's all that cool that people who get the game via a mistake from a retailer shouldn't be punished by playing Modern Warfare 3 early. The consumer paid $60 (or more if they get the Hardened Edition) to purchase the game. Technically it's not their fault that the retailer didn't follow their orders to not sell the game before Tuesday. Activision should be happy that their game is being purchased by consumers and just allow them the chance to play anyway.
Still, our advice is if this situation happens to you, don't risk your Xbox Live or Playstation Network account over it. Just be happy you have the game early and start playing at 12:01 am on Tuesday in your time zone.