Yeah you people should really do some research before you get it. I read about this over at xbox.com forums. I had the LE pre-ordered for sometime and I was kinda angry when I found this out. So I went to Gamestop today to get my LE copy. I asked the clerk if they have had any trouble with the disks being scratched. He said that they have sold about 40 LE copies and none have had a problem. Well I was the first. I asked him if I could open it in the store and make sure that the disks were ok. So I step aside and open it. I finally get the stupid sleve cover thing off of it and open the metal case. I find that the game disk is scratchless, but my bonus disk is badly scratched. So I go show the clerk and they go through about 2-3 new copies and find a disk that isnt scratched. What the problem is that the nub that the disk are on isnt very good. It really is cheap and crappy. After you open the game and put it back on there it seems to be fine after that, but when it is first opened the game is usually loose in the case.
I suggest calling the store you bought it from and ask if you can switch it out for a none scratched one.
Hope this helps.