Yeah, but cracking a game is an active action; you're deliberately modifying the game files in order to play the game earlier.
Buying a game (of which you may never heard of before) and inserting the game-disc is not the same. Well, maybe in your head but a ToS isn't overruling the law or common sense.
If this is a general acceptance among big gaming companies, well then it's goodbye videogames.
Look, NO.
It would be nothing alike.
Changing your internet connection proxy to be forward in time to unlock it would be comparable. And even then, it's still not alike.
Let's make this pretty clear: Microsoft is banning because they want.
Because they want and no other reason at all. They can have ways of preventing this from happening yet what they want is to ban pirates, even with collateral damage.
Let me tell you two solutions at the top of my head.
1. Game can't be played online (as in, online status) as it has the launch day coded into a small file and will contrast it with the LIVE servers (can be played offline).
2. Only people in the whitelist are allowed online pre-launch.
Do you think MS can't do this? As I stated previously, they use this to get pirates, because they have no actual proper tools of detecting some of the mods unless they do something stupid like modding lobbies or alter avatar colors.
PS: Sticker says DO NOT SELL. I don't see DO NOT BUY anywhere.
You both are still missing the fact he used code he had no license to. Saying he bought the game is not true. At the time he played the code online he had yet to purchase the license. This is stated in the OP and my post you quoted.
I do agree with you the situation is fucked at this point though. Makes zero sense to fuck over your biggest fans.