Looks like those who downloaded NXE and weren't authorized may get the ban hammer on november 19th when the update goes live...
Not long after the early NXE access went out to review outlets and a few lucky contest winners, the files found their way onto the Internet. Thus, savvy pirate types are able to easily download the files and then plug them into their Xbox, thereby giving them early access to NXE. There are two problems though, first is that these folks can’t connect to Xbox Live until at least November 19 (since that’s when Microsoft flips the switch and turns it on), but even worse is the fact that these "pirates" may be permanently banned from Xbox Live.
When the early releases of NXE went out, Microsoft sent this strongly worded warning to participants: "In participation with this program, you should not move your storage device (hard drive, or memory unit if you do not have a hard drive) to any other console as it will also update that console. If an unregistered console is updated with the NXE update, that console will not be able to connect to Xbox LIVE until the NXE has been officially released on November 19th." When asked to clarify what would happen to unathorized users, Microsoft added, "This is a security measure and if you do switch hard drives from a console with NXE preview access to one without it you could be placed on the ban list for unauthorized usage."
So the long and short of it is that if you don’t yet have authorized access to NXE, it would behoove you to just cool your heels until November 19 and wait it out. If you just can’t wait any longer though, go ahead and knock yourself out, just don’t say we didn’t warn you.
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