Apparently US Chain, K-Mart, has received MW3 and has been advised to put it up for sale immediately.
A Kotaku user has claimed that a K-Mart store in Tampa. Florida sold them a PS3 copy of Modern Warfare 3 ahead of the game’s November 8th release date.
The user also offered a picture of the game.

Now, I must stress that this has not been confirmed and at the moment is a rumour.
For all we know that picture could be a fake. If K-Mart have broken the street date then I’m sure Activison will not be happy.
Source: Gamepur
SpikeyMikey23
I know that shopto are processing orders today, wont be sent until monday, because they have been warned by activision not to break street date. *I say warned, shopto call it advised.
R4U Eldave0
Forgive my ignorance but I always wonder why a developer/publisher would care if their game came out a few days early?
jcor
I was just thinking the exact same thing!
bacon_nuts
Don’t they have a ban on info until just before? which is why all reviews come out on the same day. People breaking this could lead to reduced sales if it turns out to be shit? Just a guess..
OriginalJonty (Aran Suddi)
There’s a lot of risk if a game breaks earlier than release date. If a few copies get into the wild, people will spread their opinion of the game and if it isn’t good, can lead to loss of sales and finance on the actual release day.
Shakugan
Exactly.
Crocadillian
I guess it’s too hard to say at this point, although I don’t see why K-Mart would open themselves up to Activision’s mighty legal fist. Like the Halo 3 incident though if true, its bound to make gamers happy :3
gazzagb
So lucky! I’m hoping Tesco deliver mine on the day, and am also getting it from Lovefilm as a back up lol
hunterstryfe
Is that guy’s game including tax coz if that’s the case he got it cheaper than we can get it off the high street on day 1
hannes_truce
that’ll be pre tax.
MayContainEvil
I wouldn’t complain. It retails for $110 here in Australia, and our dollar is worth MORE than the USD. It’s frickin’ ridiculous.
Bilbo_bobbins
this happens with every game. People get the game early somewhere. I doubt they are selling it from the shelf.
Youles
I hope so, I think big retailers can get away with this if smaller shops are selling it!!
Forrest_01
I wouldn’t class K-Mart as a smaller shop tbh!
Youles
I wasn’t, I meant they can get away with selling early if they can prove smaller retailers have! :)
Forrest_01
Ah, fair enough – My bad.
I did think it strange that someone might not have heard of K-Mart though!
Awayze
2 years ago, my MW2 was shipped and I would have got it by the weekend :(
This year GAME still haven’t shipped my game.
SpikeyMikey23
shopto the same. activision has told them that it should reach the customer on the 8th. Shopto are sending them out monday, tnt next day delivery
moshi
Pre-ordering does not entitle you to getting the game early.
TSBonyman
There’ll be war over this.. :/
Crazy_Del
*whistling*
I am not involved in this….. *looks at MW3 on shelf along with Skyrim, NFS: The Run, Assassin’s Creed Revelations, GTAV, Saint’s Row 3rd, Mass Effect 3, Max Payne 3…..*
*Whistling* you saw, heard and read nothing….