If I was a 3rd party dev (or big publisher) I would be pissed that Microsoft takes such a laissez-faire attitude towards pre-release play of their titles but go ape-shit banning people left and right (seemingly in real time) when their own title gets leaked/played pre-release.
On the other hand I don't know any other title has a long and storied history of being leaked so incredibly early in advance, going all the way back to Halo 2.
This is kind of a different situation IMO since it's not simply retailers breaking street date a week early, but a pirated copy being leaked all over a whole month in advance. The only people playing it right now are ones that have obtained it illegally.