[quote name='turls']goldbean, why don't you point me to one case where a web site was forced to provide a product that was a situation even remotely similar to this. Because you probably can't, even though this has been happening for almost 10 years.
Until I see that, its all theoretical.[/quote]
Unfortunately, only a very small percentage of cases brought are ever resolved by the court--the vast majority are settled prior to judgment. In addition, only a miniscule percentage of cases (and hardly any small-claims cases addressing circumstances like those here) are ever resolved through a written judgment. So there are very few "cases I can point you to," because they simply aren't memorialized and categorized for historical review (the results of such an effort would be overwhelmingly voluminous).
However, here are just a few examples:
In February 1999, customers brought a class-action suit against buy.com for failing to meet the terms of a contract, where buy.com claimed there was a pricing error but confirmed the orders, even though some customers' credit cards had not been charged.
http://news.com.com/2100-1017-222911.html?tag=rn. There, buy.com claimed a $400 pricing error (~$560 v. ~$160)--far greater in terms of dollars and percentage than the alleged error here. The customers involved in the class-action suit successfully negotiated a $575,000 settlement. Other customers involved in the same deal sued in small claims court and won on the theory that the e-mail order confirmation they received constituted acceptance of their offer and a binding contract.
The .TV company is an e-tailer that sells .tv domain names. Two years ago, it claimed a pricing mistake and related technical error when it sold the golf.tv domain online for about $1 million less than .TV intended to offer it ($1,010 v. ~$1 million) and tried to rescind the deal. The plaintiff argued that the automated e-mail order confirmation he received from .TV constituted a legally binding contract. The court agreed with the plaintiff, concluding that the e-mail constituted a legally enforceable contract (even though no money or property had changed hands).
http://www.haledorr.com/files/upload/lim_tvcorp.pdf.
I am personally aware of a number of other successful claims made by plaintiffs in similar circumstances, though none was reported in a published opinion.
[quote name='turls']There is no way a company would leave itself open to anything binding coming out of a first-level CSRs mouth, if that's one of your main points, and is the only thing I've noticed that is even remotely unique about this fiasco.[/quote]
First of all, that's not one of my "main points" (that's why I put it in parentheses)--it simply confirms and bolsters other independently sufficient information. Moreover, principals (companies) can most certainly be bound by their agents (first-level CSRs), though agency liability is unnecessary to the breach of contract claims here, so I'm not sure why you're focusing on it.
[quote name='turls']And I'm not arguing this saying it isn't worth pushing, I wish people would push it until they are blue in the face. But I'm not wasting my time because it is futile.
I am only arguing this from the point of actually getting the game and bongos for $30. The other stuff is irrelevant to me.[/quote]
It may be futile for you (and others) practically, but it certainly is not futile legally.