Lies.

You wont get banned by playing it online, just ignore the trolls.

I've played this and many other games on live before their release dates without issue. Microsoft wont punish you for something that's not particularly your fault - at worst they'll ask where you got your copy earlier but in all likelihood they already know who is shipping early anyway.

The penalties for breaking release dates hit the supplier not the buyer. There's nothing illegal about a shop shipping early however it's like a code of honour for shops and suppliers in that if you do ship early, whilst you can't be sued you may find publishers/suppliers blocking access to releases in a timely fashion to you.