So yes, downloading and playing MW2 on xbox live was in direct relation to the people who got banned. If they did not play that game online, would they have been banned with that group? NO
They downloaded a pirated copyrighted work (I do this all the time) and then made the choice to play it on xbox live. BEFORE it was available to the general public. They mind as well sent a letter to Microsoft saying “Hey, I modded my console to play pirated shit, ban me.”