Well if anyone was wanting to get it today for $40 it is sold out everywhere already.
Maybe not everywhere but I checked all Northland, and all the places near me in the NW. All EB games didn't even receive enough to satisfy the pre-orders, only 40 per store (futurshop/bestbuy/eb). Although I saw about 8 copies left at the Northland Futureshop for the PS3, I was only checked xbox, so I am going to go buy 2 for the PS3, wait until more copies come and then just bs them and trade them for 360 copies.
