the release is on 17th and people who buy on different retailers here get the game i would say 3 days earlier than release day. not sure how it can be still not gold but i'm not saying the tearing will be in the retail version, just that if they would have gotton only a preview version with the developer not saying "yes that is the official review version" they would have never made the review. but hey, i hope they managed to make the game without tearing for us^^
what i can think about is that they made a patch which maybe is out now but magazines who release the review before game release can't really test the patch then but online reviews wich will be out only one day before release or so will have had the chance to test the patched version.