Got an Early Copy of Modern Warfare 3? Playing on Xbox Live Could Get You Banned [UPDATED]

Early copies of Call of Duty: Modern Warfare 3 have already been sold by a Kmart in Tampa whose employees claimed to be unaware of the release date, and many of them have gone straight to Ebay to make triple-digit profits for their owners. Anyone who want to play the game on Xbox Live though is going to have more than a sniper or an AC-130 Gunship to look out for.

Xbox LIVE Policy and Enforcement czar Stephen Tolouse tweeted a warning to potential early users of the game, saying, “Mw3 pre-release play not authorized. So pls be patient. Playing early may impact your account!”

To be fair though, Tolouse was only clarifying a tweet he made hours earlier where he gave the green light to those who own a legitimate copy. “For those asking about MW3 pre-release play: If your copy is legit and obtained legitly, have fun.” he said, “It’s a great game.”

While the tweets don’t set anything in stone, and an instant ban for consumers who are the victims of what is now an incredibly confusing situation seems a tad unfair, I wouldn’t leave my fate in the hands of the notorious Xbox Live ban-hammer just 4 days from the official release.

What do you think about the policy towards early users of Modern Warfare 3 online? Do you have an early copy of Modern Warfare 3? Want to share? Let us know in the comments below or in the forums.

[UPDATE] Activision spoke to Joysitq earlier today to calm and fears about early players getting banned. “We value and appreciate the community’s support. We have no interest in banning legitimate copies in these last few days,” the company told Joystiq. “We just ask for everyone to wait for Tuesday when everybody can play the game together.”