It looks like a Best Buy in Marina, California was a little confused about what "floor model" meant and accidentally put a boxed 360 version of Rock Band out for sale instead of setting it up as a demo unit -- and the eagle-eyed Tim Menz managed to spot the oversize box poking out of the Guitar Hero 3 display and "casually" purchase it. Apparently the UPC was already in the system but didn't raise any flags when it rang up for $169. Tim didn't bother with any of that silly rock music nonsense and skipped straight to selling out on eBay, but pulled the auction when EA called him and politely asked him to return the kit to the store. He hasn't done that yet, since it's a little unclear whether Tim got a full copy or just an in-store demo -- anyone out there know the answer?

Update: Tim got back to us and says it is in fact the demo, but he's put it back on eBay for all you desperate to rock.

Update 2: Tim just let us know that Best Buy is now offering him a full refund plus a $100 gift card -- looks like Big Blue wants their toys back.

[Thanks, Thomas]

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Best Buy sells Rock Band a little early