CommonSense
Banned
As long as he has a 360 that isn't modded and he used the actual retail disc to play the game, it shouldn't fucking matter. MS has no way of knowing how a game disc is acquired when they do the ban, and punishing a paying customer like this is beyond ridiculous. Again, he did not pirate the god damn game.
All they need know is that the copy was acquired early. They have that proof.