Gamestop not honoring pre-orders for Kingdom Hearts 2?

Kotaku may have gotten some wires crossed, or the employee in question may just be getting bad information (or there may be another explanation), but according to their story, Gamestop outlets are under orders to sell Kingdom Hearts 2 to anyone that walks in the door ... including the pre-ordered copies. Considering that they charge a minimum of $5 for a pre-order, knowingly doing this is tantamount to theft, or at the very least, fraud.

I understand why they do this. Frequently, reserve customers don't come in on release day to get their game, and the store will usually have additional copies by they time they do come in. But why would you ever risk that potential unhappy customer? If I went in on release day only to find out that they didn't have my game because they sold it to someone who didn't pre-order, I'd be super-pissed.

I wonder if it would be possible to set up a sting operation as grounds for a lawsuit?