CAGcast #86: Phoning It In

Great podcast, Cheapy and Wombat. I look forward to listening to you guys every week.

I wanted to address cdietschrun's post. Specifically:

[quote name='cdietschrun']

Most people who game for one reason or another feel they have the smarts and know that there is some 'law' that they 'have to honor' this price because it was on their monitor at one point in time and therefore are deserving of $140 deal that Best Buy will have to eat. And then, the potential buyer posts to all his friends "Go buy it quick, Best Buy is a huge corporation, what will they notice a few people buying a game at a huge price drop?"

Well, no, life dosen't [sic] work like that.

But the reason the people who work these websites post these deals is because at some level they are immature enough to feel that they deserve to get any deal that they feel they can get / skimp / demand / fight for because they are the consumer. The consumer 'always wins'. The gamer especially 'deserves his Rock Band' at a ludicris price.

[/quote]
In fact, there ARE laws that address honoring advertised prices. Now, whether or not a website can be considered "advertising" is still up in the air, but the case could definitely be made. Here's a link to article about California law on the issue:

http://blogs.mercurynews.com/consumeractionline/2007/02/advertising_following_the_rules.html

Specifically:

Bait and switch - The law prohibits merchants from advertising goods or services with the intent not to sell them as advertised, but to switch the customer to another item, usually at a higher price or on terms more advantageous to the seller.
Click to expand...
So intentionally or not, Best Buy did this. Now, whether $140 is worth it to lawyer up and chase them down is another issue, but I think Best Buy should be held accountable.

Would it still be "ludicrous" if the price was maybe $20 below the retail price? Defining what is "ludicrous" is hard to do when places like Fry's will have sales that are clearly loss leaders in order to get people in the stores to buy other items that are not as deeply discounted.

Best Buy definitely has to be careful with what they post for sale because, in a way, it is a commitment, especially if they accept your money and other personal information.
 
[quote name='Lorenzo']

In fact, there ARE laws that address honoring advertised prices. Now, whether or not a website can be considered "advertising" is still up in the air, but the case could definitely be made. Here's a link to article about California law on the issue:

Bait and switch - The law prohibits merchants from advertising goods or services with the intent not to sell them as advertised, but to switch the customer to another item, usually at a higher price or on terms more advantageous to the seller.

Specifically:

So intentionally or not, Best Buy did this. Now, whether $140 is worth it to lawyer up and chase them down is another issue, but I think Best Buy should be held accountable.

Would it still be "ludicrous" if the price was maybe $20 below the retail price? Defining what is "ludicrous" is hard to do when places like Fry's will have sales that are clearly loss leaders in order to get people in the stores to buy other items that are not as deeply discounted.

Best Buy definitely has to be careful with what they post for sale because, in a way, it is a commitment, especially if they accept your money and other personal information.[/quote]
I agree in part. One problem with this, is the fact it is a preorder. The item isn't yet available. So there is no legitimate chance for a bait and switch. I definatly knew there are laws to prevent this type of thing. My point addressed mistakes in price, not intentionally misleading advertisements. A lawyer (or a judge, actually) would be able to determine the difference. Best Buy has nothing to gain from inentionally misleading consumers on their website that sees thousands and thousands of viewers. It's fairly obvious it is a mistake, so why do the people who post it think they will honestly be committed to it? It would be different if the product were out, in my opinion. It would be harder for Best Buy to fix it, I would say, if the product were readily available, and would be charged to the person's credit card upon purchase, for example, and then only give them the game instead of the advertised bundle.

But I do agree with you in parts, and I know there are laws against what I was talking about, but clearly, as Best Buy showed by giving $5 gift cards (not required by law, but done to keep customers happy-ish), they are not concrete in that if it is ever written on any ad or anything ever it MUST be honored, you know where I'm coming from?
 
I just gotta say, Cheapy, your voice amuses me. It's so deep and probably could be intimidating if you wanting it to be. Also, Long Island FTW!
 
[quote name='Lorenzo']



Bait and switch - The law prohibits merchants from advertising goods or services with the intent not to sell them as advertised, but to switch the customer to another item, usually at a higher price or on terms more advantageous to the seller.


So intentionally or not, Best Buy did this. Now, whether $140 is worth it to lawyer up and chase them down is another issue, but I think Best Buy should be held accountable.
[/quote] And also...you say "intentionally or not"...you can't "unintentionally intend" to do something. Best Buy obviously did not intend to FOOL / TRICK thousands of buyers by surprising them with the game only upon delivery.
 
[quote name='CheapyD']I just got a "Happy Birthday from Cheap Ass Gamer" forum email bounced back to me...one of those "Out of Office AutoReply" things.

It was intended for Circuit City's lawyer, who is apparently on vacation until August 19th.[/quote]
Today's Birthdays:
io, Tony253 (44), soliddragon (31), jjason82 (25), hentaigirl82 (25), Ecsa0014 (24), evertired (23), AshesofWake (22), Meshuggah27 (18)

Guess the lawyer! I'm going with hentaigirl82.
 
Can you please ban Wombat from talking about High School Musical, he is losing credibility with every mention. You will also be saving Mrs. Wombat some more embarrassment. Take that shit to the disney or some other pedophile forums. Anyway, congrats on the award. The Bioshock demo is a home run.
 
[quote name='CheapyD']He's not listed....must have chosen to hide his age info on his profile options.[/QUOTE]

Notice how I only hid my age :lol: (though to my relief I wouldn't have been the oldest in that list).
 
[quote name='io']Notice how I only hid my age :lol:.[/quote]

Dammit IO is the Circuit City lawyer. After years of hiding in the shadows you reveal yourself...
 
[quote name='rogueweapon']Can you please ban Wombat from talking about High School Musical, he is losing credibility with every mention. You will also be saving Mrs. Wombat some more embarrassment. Take that shit to the disney or some other pedophile forums. Anyway, congrats on the award. The Bioshock demo is a home run.[/QUOTE]

Mrs W is watching HS the musical as we speak, how do I think I was forced to watch it in the first place
 
[quote name='Wombat']Mrs W is watching HS the musical as we speak, how do I think I was forced to watch it in the first place[/quote]

Wombat are you going to a party for the new one? 10 minute review for the next cagcast...
 
[quote name='umcthomas']I noticed that both CheapyD and Wombat quoted the movie Swingers in this podcast and, very slyly, did not let the listeners know.

-T[/quote]I quote a lot of stuff...and never let the listeners know.
In fact, the entire last episode was 100% made from Simpsons, Robocop, and Swingers quotes.
 
[quote name='Wombat']Mrs W is watching HS the musical as we speak, how do I think I was forced to watch it in the first place[/quote]

I blame everything I don't want people to know I'm doing on the wife too....:applause:

Congrats on the award and great episode guys.:D
 
quick question.. not sure if its been asked before...

are the cag casts hosted or mirrored anyplace else ? I'm at work and the link to download them is blocked..... sooo bored.

(forgot to download it at home and thumbdrive it)
 
I find this whole Circuit City fiasco very interesting. If they do not know Speedy's true identity, who are they naming in the lawsuit? Circuit City vs. Speedy? How are they going to serve this lawsuit to Speedy if they don't know who he is or where he lives? Has this lawsuit actually been filed in a court, or are they just threatening to file as soon as they obtain Speedy's identity? In my opinion, the whole price matching issue completely discredits Circuit City's allegations. Based on that, one could argue that the lawsuit is lacking merit and possibly frivolous. If Circuit City is successful in serving Speedy, I would certainly hope that whomever he hires as an attorney looks into this. If a judge were to determine that the lawsuit is frivolous, I would move for sanctions against Circuit City. I would assume that this lawsuit was filed in federal court, but I could be wrong. Federal Rule of Civil Procedure 11 allows the court to impose sanctions for filing a frivolous lawsuit. The relevant parts of the rule state as follows:
The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation... If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.

The rule in its entirety can be found at http://www.law.cornell.edu/rules/frcp/Rule11.htm
 
[quote name='CheapyD']I quote a lot of stuff...and never let the listeners know.
In fact, the entire last episode was 100% made from Simpsons, Robocop, and Swingers quotes.[/QUOTE]

I picked up a few Ron Jeremy zingers in there, too. ("Up to the knuckle")

BTW: I don't like musicals, and hated high school. Am I a prime candidate for "HSM"?
 
[quote name='duran603']I find this whole Circuit City fiasco very interesting. If they do not know Speedy's true identity, who are they naming in the lawsuit? Circuit City vs. Speedy? How are they going to serve this lawsuit to Speedy if they don't know who he is or where he lives? Has this lawsuit actually been filed in a court, or are they just threatening to file as soon as they obtain Speedy's identity? In my opinion, the whole price matching issue completely discredits Circuit City's allegations. Based on that, one could argue that the lawsuit is lacking merit and possibly frivolous. If Circuit City is successful in serving Speedy, I would certainly hope that whomever he hires as an attorney looks into this. If a judge were to determine that the lawsuit is frivolous, I would move for sanctions against Circuit City. I would assume that this lawsuit was filed in federal court, but I could be wrong. Federal Rule of Civil Procedure 11 allows the court to impose sanctions for filing a frivolous lawsuit. The relevant parts of the rule state as follows:
The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation... If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.

The rule in its entirety can be found at http://www.law.cornell.edu/rules/frcp/Rule11.htm[/quote]

It's a subpoena on CAG to release Speedy's identity. All that you wrote is pretty much useless right now.
 
[quote name='CheapyD']I quote a lot of stuff...and never let the listeners know.
In fact, the entire last episode was 100% made from Simpsons, Robocop, and Swingers quotes.[/QUOTE]
Yah its always nice to hear the simpsons references
 
[quote name='bobthecat23']hey yea and im in the 5% that speak another languague at home and listen to the vagcast more than once[/QUOTE]

I hope this vagcast is a video podcast.
 
phoenix_wright_news.jpg
use phoenix wright
 
Great show, could have done without the whole PM from the guy that came from no where. His hole "Sony made them do it" is stuff that fantasy are made up from, I'm sure a man running a $49 billion company needs a sorry letter to make him feel better from a internet post kid.
 
[quote name='steverl22']Great show, could have done without the whole PM from the guy that came from no where. His hole "Sony made them do it" is stuff that fantasy are made up from, I'm sure a man running a $49 billion company needs a sorry letter to make him feel better from a internet post kid.[/quote]
for one 22 isn't considered a kid, also I actually did have to write that. The Lost Prevention guy walked me through on what to write and how to write it, believe it or not and also said to mention that I have a PS3 myself. Then he approved it and scanned it over to Ccity Headquarters talking back and forth with them several times on his cell and then Ccity sent it to Sony, which I assumed went to Jack trenton. I am not lying to you on any of this.

The lost prevention guy could have been bullshitting me about alot of stuff with sony but he seemed pretty dead serious about it. Even had Joe (Head Manager of the store) nervous.

Also another thing I should have put in the email was that the Lost prevention guy says that Sony has to pay back the $100 for each console that stores have left (that they payed $600 for) to make up for the price cut for the stores buying them else Sony doesn't lose out money, only the stores do and the retailers wouldn't like that. I dont know how all of this works or what the big deal about it is being a week early but its got to be something. They had me sitting in the backroom for 3 hours.

This guy pulled out print outs of forum postings, websites, on me, speedy and a couple others. The guy was nice and all but just look to have been sweating over it, cause at least Ccity HQ was.

And CheapyD, you can give out my handle, theres nothing else that can be done to me. I just wasn't able to speak about it for those 3 days of waiting to lose my job. And a correction on one thing. They wont go after websites that have in the past posted leaked stuff, only they may go after sites that do, or at least watching them. Not saying they will sue the, but maybe put subpoenas againest them as they did you.
 
[quote name='steverl22']Great show, could have done without the whole PM from the guy that came from no where. His hole "Sony made them do it" is stuff that fantasy are made up from, I'm sure a man running a $49 billion company needs a sorry letter to make him feel better from a internet post kid.[/quote]

That's exactly the point though. CC got the pressure from Sony and, of course, tried to blame the poor underling at the lowest level of the company. Sony reponded with a laugh and said "that wasn't good enough, lay the smack down." If anything the letter from the employee probably angered Sony more.

What if a cadet leaked top secret Military information to another country? Would a simple appology be enough? No. So they discharge the cadet. Is that enough? No. There would be an investigation to see what systemic problems are happening that caused the cadet to get the information, be able to share it, and how to keep it from happening again.

Sony is not the government, but they do feel that they are as improtant as one. Since CC did not go through process to keep this from happening again, Sony is doing it themselves. They probably know that it will be difficult to keep ads from leaking to people in the trade. However, it looks like they want to scare people from doing this sort of thing by making an example out of Speedy.

This post is too long. As a reward for reading to the bottom of it, check out http://www.mcilvainelaw.com/blog/?p=15 for a lawyer's thoughts on the matter.

T
 
I want a CAG band thing. Cheapy, you're not the only 30-something who wears one. I've been wearing the black DS Lite one since....whenever the black DS Lite came out.
 
[quote name='PyroGamer']"gooz" is actually Persian for "fart"[/QUOTE]

LOL, After I listened to the CAGcast I thought to look up "gooz" via the urban dictionary.

[quote name='retail sucks']Gooz:
1. A Persian word meaning fart in English. Especially a loud one.
2. A word used in place of any other word, usually a curse word. (kind of a universal fuck)

Gooze:
1. an extremly gay person
2. moist flatulence

Goozed: being moderetly drunk

Goozey: a term used to compare a person to a dirty vagina or just a synonym for the word vagina

Goozer: male sex organ commonly referred to as the penis.

Goozing: the act of coughing excessivley, annoyingly, and uncontrollably while smoking marijuana.[/QUOTE]

I think "jizz" or "gissum" was the word Wombat was :twoguns: "shooting" for.;)
 
"I go knuckle deep"

I LAUGHED SO HARD AT THIS!

and also im persian so i know,

the persian fart word is pronounced gohz, kind of like goes.

but not pronounced gooze.
 
Wait do the first 750 who reply to this post get the ristband or to the post you make with the address?

Cause if it this on Im am replaying to the offer
 
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