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Early games they can detect if connected to xbox live at all. If you play it a week before without xbox live, then connect to xbox live before the game is released, then they can detect you, because the disc data is saved on an internal memory which uploads to microsoft next time you connect. It doesn't date stamp it from when you played, but if you have played it, then connect before release date, then it will show you having played it on that day so depending on how long before release date it is, they might ban you.