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You won't get banned for playing it online. The only people getting banned are the people who downloaded and played the pirated french release that was leaked about 2 weeks ago. The other pirated releases that came in the last week are fine to play online as they are properly stealthed.

Of course a genuine copy is fine to play too.

There has been some mix up with this as of late. MS have gone on record in the past saying they DO NOT BAN FOR PLAYING GAMES BEFORE RELEASE DATE.

They were only referring to the french p2p rip - loads of people have been banned for playing that.