Im pretty sure its not illegal for the OP to posess the game but i'm certain it is a breach of contract for Kmart to sell it. M$ will probably find the posters location and then find the kmart closest to that and then the person who sold the game or their maager will probably lose their job. Try finding a new job in this economy.
and won't Kmart be bummed when they can no longer sell Microsoft products
1087 meter base jump in Just Cause