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Yeah he shouldn't have used his name anyway.  From the XBL Code of Conduct....

Gamertags and Nicknames

When you create a LIVE account for use with Xbox or Games for Windows, you will be asked to create a gamertag. You also may be allowed to pick separate nicknames to use in-game. These gamertags and nicknames will be shown to other players when you are signed in to the LIVE service for use with Xbox or Games for Windows (the "Service") and may be displayed with your game stats and presence status as displayed in-game, via Windows Live Messenger and/or on the Web. Since these names may be publicly displayed, you should not use your personal information when creating them. You may also have the opportunity to add attachments such as of photos, graphics, text, or audio to your stats information. If you do this, those attachments will be able to be viewed or heard by other users of the service.