Kmart Slapped For Breaking Fable 2 AU Release Date

We shared word of Kmart letting Fable 2 hit their shelves a week early on Friday, and more than a few lucky readers managed to nab a copy before the whole affair went tits up for Kmart. Microsoft heard about the incident, and we received word from numerous independent sources that Kmart has copped a nasty slap for pissing off the rest of the retail community.

First up there is a fine of $1,000 per copy sold, with a follow up punishment of not receiving copies of Gears of War 2 for its launch. Ouch! If you got a copy, hope you spent some quality time with your $1,000 copy of the game!

UPDATE (11.45am): Microsoft has let us know they cannot give an official comment on the matter. This is much as we expected, as commercial dealings like this are often kept behind closed doors. Thanks again to all those who passed along the 'word on the street'.


Comments

    ouch! sucks to be K-Mart!

    I work there :P After I read the Kotaku article (which ironically was just before I had to work) i left 10 mins early to see if I could grab a copy..

    But there wasn't one there :(

    I would have loved to have been one of the persons that got an early copy. I have the game preordered from wal-mart.com and those butt munches dont even ship the game from the warehouse until the day it hits shelves! If I had known they were going to do that I wouldn't have bothered preordering it from them. It was bad enough i preordered it from wal-mart and their copy doesn't include the preorder bonus'.

    Really? A $1,000 fine per copy? How does Microsoft know how many copies Kmart have sold?

    Is there an official comment from Microsoft on this matter?

    So it's confirmed that they're being fined $1,000? Because it seems various sources quote different sums.

    Staff at EB said $10,000 (and even $20,000) per copy. Which is obviously not true.

    We received the $1,000 per copy comment from a number of separate sources independent of each other, along with the withholding of Gears of War 2. So the details are quite well corroborated. We have asked Microsoft for an official comment, but have not yet heard back. We'll definitely update either way once we speak directly with Microsoft.

    And how would they know? Retailers don't sell product for cash. I imagine they have to report sales to Microsoft for tracking purposes, so Kmart would have a hard time hiding the figures on exactly how many copies went out early.

    lol had I have known it was going to cost them $1000 i would have bought 2! heh nah I feel a little guilty, but honestly I'm sure anyone else would have done the same.

    And so people know, the game is pretty damn addictive, and very free roaming compared to the original. Also unlimited mana is one of the smartest things in gaming history.

    Check with EB - they sold me my preorder on Friday.

    How many early copies were sold, exactly? And was this nationwide? Irresponsible.

    It'd be in their system, they'd have to recieve the order from the Freight Company, so Microsoft/Company who shipped the stock would know how many copies of the game the stores were sent. They'd probably lean hard on Kmart Upper Management, who will lean on Area to get each store to report how many copies were sold in each store.

    And the sales would've gone through the system, so they'd just need to check the reports.

    Big Companies love keeping records and making you do reports...I worked at Safeway for a while...and the amount of reports...Jesus...

    Sure there are reports to indicate the number of copies sold. Also keep in mind that EB have sold them too. As I'm sure other stores might have that we're not aware of. (For instance I had the option of buying a copy at my local HN, however I chose not to).

    I'm really skeptical about this $1,000 per copy fine. Until MS confirm it, it's nothing but rumors.

    I walked into 3 separate EB stores and they all gave me the same $10,000 per copy spiel. Lies of course to exaggerate the severity of the issue.

    its actually not k-mart's fault. because i received the box at work. and all that was on there was a "deliver before the 16/10" sticker.
    so the blame belongs to SYNEX(microsoft Distributor)
    For
    A- Sending it before they were meant to.
    B- Not displaying and providing information about an embargo.

    AWWW I wish I lived down there I have to start check my local retailers so I can find pre-releases.

    The game has been given the go ahead to sell today in Australia,
    I just got an email from our distributor!

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