Circuit City Subpoenas CheapAss Gamer and DVDTalk [Slashdot]

[DP ServBot]

An anonymous reader writes "A poster on DVDTalk and CheapAssGamer has posted the weekly ads for Circuit City, Best Buy, and Target ahead of time for the last few years. A few weeks ago he confirmed that there was an intended price break on the PS3 and stole Sony's thunder from E3. A Circuit City ad was used for confirmation. Circuit City has threatened DVDTalk and CheapAssGamer.com to give them personal information about the poster. CheapAssGamer has hired a lawyer and is going to fight. The story is similar to the Black Friday ads being posted early and FatWallet fighting back."Read more of this story (http://yro.slashdot.org/article.pl?sid=07/08/10/1731212&from=rss) at Slashdot.
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[diskoboy]

WTF!!?? They can't sue someone for printing their ad's ahead of time.

Great. They're probably gonna come after me, now, for posting the 360 price drop ad, 2 weeks ago.

[Nintendo72]

Scary... Circuit City is one of the worst places to buy video games at IMO

[roushimsx]

Well, what did the poster think would happen if he kept leaking sales information weeks early?

Not that I don't really appreciate his efforts. People like him are the reason why I've been able to make more than a couple of excellent purchasing decisions. Hell, he's probably directly responsible for me saving nearly a thousand dollars (if not more) last year.


Scary... Circuit City is one of the worst places to buy video games at IMO

No way, they're awesome. The place is always either completely empty or just shy of empty, so you rarely have to resort to elbowing kids out of the way for that cheap copy of Fire Emblem. The real money with CC though is price matching against them at other retailers. I basically use their circulars like coupons at AAFES.

[Promophile]

Speedy is a great guy, and I'm really afraid for him. He didn't gain anything for posting these deals, and has saved consumers thousands if not millions of dollars (which is why they're going after him....). When sharing information is illegal it's just plain scary. This isn't a vital trade secret, it's not the recipe for KFC chicken.

[Griking]

Well, what did the poster think would happen if he kept leaking sales information weeks early?

Not that I don't really appreciate his efforts. People like him are the reason why I've been able to make more than a couple of excellent purchasing decisions. Hell, he's probably directly responsible for me saving nearly a thousand dollars (if not more) last year.



No way, they're awesome. The place is always either completely empty or just shy of empty, so you rarely have to resort to elbowing kids out of the way for that cheap copy of Fire Emblem. The real money with CC though is price matching against them at other retailers. I basically use their circulars like coupons at AAFES.

I won't shop at Circuit City. It's Not that I think they're are a bad place to buy games but I won't shop at a place that I know treats their employees as shitty as they have.

While what he was doing was probably appreciated by consumers I'm sure that he directly was responsible for many thousands (possibly hundreds of thousands) of dollars in lost profits for Circuit City. Companies just don't ignore stuff like that.

[Mianrtcv]

I get most circulars days in advance with home delivery of my newspaper. I know their point, yet if I get it delivered to me what's to stop me from dicussing its contents. Granted they will argue public broadcast as opposed to more controlled distribution would be drastically more financially noticeable but still...

That said CC is horrible. I only go there when it is a last resort.

[roushimsx]

When sharing information is illegal it's just plain scary. This isn't a vital trade secret, it's not the recipe for KFC chicken.


I get most circulars days in advance with home delivery of my newspaper.

The thing is that he'd post the stuff weeks in advance at times. What he was doing was essentially releasing internal corporate information... and he did it time after time after time. Like I said, it's not that I don't appreciate everything he's done (I've saved plenty), but it's silly to think that they weren't going to try to go after him at some point.

...and for anyone who wouldn't go to Circuit City, at least they gave you something to price match against at other places :)

[agbulls]

I just can't understand the benefits for him personally. It's been great that he's helped so many people save so much money - agreed. But he clearly can't put too much value in his job. I'm surprised it's taken Circuit City this long to take action. You'd have to imagine they've had multiple corporate level meetings in their marketing dept trying to figure this out.

It must be pretty fun right now working in the CC Marketing Dept. I work in a corp marketing dept and can imagine it must be rumor after rumor everywhere. Someone there must have an idea how it's getting leaked outside of the guy doing the leak.

I think this might get really interesting...

[MegaDrive20XX]

Isn't this against the amendment of "Freedom of the Press"? This guy can counter-suit and easily win against Circuit City for sending a threat to CAG for saying "Or else". If it gets out of hand.

[esquire]

The thing is that he'd post the stuff weeks in advance at times.

Unless he is getting the stuff more than 30 days in advance, I don't really see it as being relevant since most places allow returns or price matches within that time period anyways.

As far as costing CC thousands of dollars, as another poster indicated, I don't see that either. After all, the website is titled "CheapAssGamer". I would venture a guess that the overwhelming majority of the people on that site would not buy the items listed in the ads before they posted, "but for" for the fact that he listed at the site to begin with. If anything, he probably has increased their business.

Worse that will happen is that whomever is providing the ads will be canned. I can't see any monetary damages, or at least the ability to prove them, which would result in a civil lawsuit.

[Kitsune Sniper]

Isn't this against the amendment of "Freedom of the Press"? This guy can counter-suit and easily win against Circuit City for sending a threat to CAG for saying "Or else". If it gets out of hand.

The thing is, the user is releasing internal documents that are NOT meant for public viewing at all. Sure, you might think, it's just ads! Well, imagine the ads getting out a month early, then someone from a competing store sees that and alters their prices in a similar manner BEFORE your sale hits. The company loses money.

Am I against the poster? Hell no. Am I for the lawsuit? Nope. But is he doing something wrong and possibly illegal? I'm almost certain he is. This doesn't give them the right to harass CheapyD over it, though.

[MegaDrive20XX]

The thing is, the user is releasing internal documents that are NOT meant for public viewing at all. Sure, you might think, it's just ads! Well, imagine the ads getting out a month early, then someone from a competing store sees that and alters their prices in a similar manner BEFORE your sale hits. The company loses money.

Am I against the poster? Hell no. Am I for the lawsuit? Nope. But is he doing something wrong and possibly illegal? I'm almost certain he is. This doesn't give them the right to harass CheapyD over it, though.

Oh okay that makes much more sense now. Yeah now that you brought it to my attention, I have a clear image of what's going on, I can see why Circuit City is pissed. Yet, yeah I agree to the fact it's wrong to harass CheapyD.

[FlufflePuff]

I think everyone is missing the point here. CC is not suing for lost profits on game consoles (they don't make money on game systems). Nor are they suing because they don't want to price match (probably not that big of a deal). They are suing because they have a mole in marketing who has done two things:

1) Jeopardized future ad surprises (ads are prepared many weeks in advance). If there is a big deal (which an Xbox price drop isn't) in there, it can't get leaked or the competition can react.

2) More seriously, it damages their relationship with their vendors. I can't imagine Sony or Microsoft were happy to have their thunder stolen by having these ads released early. Vendor/retailer relationships are critical to good business and if they can't nip this soon, it could damage a profitable relationship.

So, CC is perfectly justified suing someone who is in possession of stolen property to find out who is leaking the information. I seriously doubt they are going to do much to the CAG crew, but getting the rat out is top priority.

[Push Upstairs]

I refuse to shop at CC because the one here sucks. I can never get help and the way they display their DVD's and CD's is utter shit. Plus they hardly ever have what I go in and look for.

I do however wish Speedy the best out of all this. And I hope to hell CC doesn't try and shut down DVDTalk.

[Ed Oscuro]

Wow, anybody ever heard of something called "trade secrets" ?

I'm rather astonished to hear they have had a leak going on for years. Sony can't be happy with them right now.

Good for everybody who waited on the price drops, of course, but jeez...

[cyberfluxor]

I agree with what roushimsx, Kitsune Sniper, FlufflePuff and Ed Oscuro have said. There's a reason the ads have "confidential" written on them and are concealed within closed binders or folders. They are intended for marketing and manager eyes only to prepare for sales and price drops.

Whenever there's a change in market for providers (I.E. cell phone, cable, phone, electrical, water) they must notify customers within 30 days in advance of those changes. I actually don't get knowledge of changes until roughly a week before they go into affect because I'm in no position to know. If my manager leaked corporate information to the press or online he'd be (starting Monday a she ;)) fired on the spot higher-ups found out.

[RCM]

While I appreciate everything that poster has done it's clear he's out of line. It's one thing to tell your buddies off the record (if you must), it's another to post it on the net where the info will most likely catch fire.

I side with CC on this one, this shit has to stop. It's seems that bloggers and forum folk generally lack any kind of integrity especially when it comes to sensitive info like this.

As for going after CAG and DVDTalk, what do you expect? This forum has policies about selling pirated goods and depending on context, even talking about them. They should be held responsible to an extent for allowing this to go on.

[bangtango]

I just can't understand the benefits for him personally.

Good way to make a name for yourself online and move up the food chain over at the CheapAssGamer community. Become an instant celebrity. Sit back while people say, "Yeah, that's the cool guy who always posts the sale fliers weeks before they come out."

I don't have a Circuit City within 35 miles of me and I don't visit CheapAssGamer, so it doesn't impact my video game shopping one bit.

My reply is because I wonder who the next likely targets would be if Circuit City is successful with this.

[udisi]

WTF!!?? They can't sue someone for printing their ad's ahead of time.

Great. They're probably gonna come after me, now, for posting the 360 price drop ad, 2 weeks ago.

they can do this. If the ad has not been distributed, then it's been stolen. It's no different they say posting a Harry Potter book before it's published.

CC is trying to find out who exactly is leaking the info, and probably more importantly where they're getting the info from.

[Trebuken]

It's very likely that the pursue releasing the ads has signed paers saying they would not do this. I work for Krogers and have signed such papers. I imagine they only want the persons identity so that they can terminae or prosecute the individual. I am content to see the ads only a couple days in advance since there is always someone who gets them before me.

[Kitsune Sniper]

It's very likely that the pursue releasing the ads has signed paers saying they would not do this. I work for Krogers and have signed such papers. I imagine they only want the persons identity so that they can terminae or prosecute the individual. I am content to see the ads only a couple days in advance since there is always someone who gets them before me.

Yeah, that's the whole point of the subpoena. They want CheapyD to hand over information to let them investigate who this person is. Nothing more. I don't believe they'll shut down CAG over this.

[chrisbid]

Isn't this against the amendment of "Freedom of the Press"? This guy can counter-suit and easily win against Circuit City for sending a threat to CAG for saying "Or else". If it gets out of hand.

this is america, the rights we perceive we have are extremely limited. being sued for financial losses falls outside the umbrella of freedom of speech/press/religion. the only thing the first amendment does is protect you from being convicted of a federal crime for exercising those rights. being sued, fired, discriminated against, harassed, etc are all perfectly in bounds.

[chrisbid]

my question is, why have ads ready so early? with computers, you can easily change or edit a layout in minutes. the more people that have classified information, the more likely there will be a leak. CC has nobody to really blame but themselves.... except sony, who apparently likes to tell retailers about price drops more than a month in advance.

[roushimsx]

my question is, why have ads ready so early? with computers, you can easily change or edit a layout in minutes.

That approach might work fine for small mom & pop shops, but when you're in charge of marketing for a nationwide chain of stores you can't just shoot from the hip.

[Lothars]

I side with CC on this one, this shit has to stop. It's seems that bloggers and forum folk generally lack any kind of integrity especially when it comes to sensitive info like this.

As for going after CAG and DVDTalk, what do you expect? This forum has policies about selling pirated goods and depending on context, even talking about them. They should be held responsible to an extent for allowing this to go on.

I disagree fully, plus I don't think this is "Sensitive" information

It's a flyer nothing special, I don't care if it's a week or two ahead of time it's not like it's something that's of any importance, I just don't see what the big deal is and I really hope the guy that is leaking it, gets away with it.

but meh it's Circuit City.

[Rob2600]

If the ad has not been distributed, then it's been stolen. It's no different they say posting a Harry Potter book before it's published.

You're wrong. A Harry Potter book is an actual product. Circuit City's weekly fliers are advertisements. Displaying advertisements ahead of schedule is not the same as stealing and distributing a product.

[RCM]

I disagree fully, plus I don't think this is "Sensitive" information

It's a flyer nothing special, I don't care if it's a week or two ahead of time it's not like it's something that's of any importance, I just don't see what the big deal is and I really hope the guy that is leaking it, gets away with it.

but meh it's Circuit City.

I guess we can agree to disagree. This information wasn't meant to be leaked or released ahead of schedule.

It not only screws with CC's sales, it hurts their relationships with partners. CC and (most likely) game companies seem to side with me and when it all shakes out hopefully you'll understand.

This type of thing just isn't professional. I'm not pro-corporate by any means, but I know these consistent leaks are wrong and totally annoying.

[Mangar]

Legally speaking: They can nothing to this fellow. Simple as that.

However, the problem with the U.S Legal System is that even though they can do nothing, the process of fighting and winning for him is costly and time consuming. Missing weeks of work and paying for an attorney isn't something the average person can afford to do, whereas for a large corporation it's not a big deal. So even if he "wins" - He loses. Circuit City hurt him in the pocket. It's enough to make people think twice before doing anything similar.

Welcome to the U.S Legal System.

[Oobgarm]

my question is, why have ads ready so early? with computers, you can easily change or edit a layout in minutes. the more people that have classified information, the more likely there will be a leak. CC has nobody to really blame but themselves.... except sony, who apparently likes to tell retailers about price drops more than a month in advance.

Lead time for printing. When I delivered the local paper about a year ago, we got the ad set for Sunday earlier in the week, usually on Tuesday or Wednesday. We weren't supposed to take anything from them. Just because they were there didn't mean they were there to look at. I also know Best Buys get their ads early so they can prep for the next week's sales.

I'm all for the guy being able to go about as he pleases, but I have a hard time believing that he thought he could do this ad nauseam without someone stepping in and getting him to stop.

If you ran a company that lost a lot of money for reasons like this, you'd be pissed, too.

[erehwon]

I spend most of my time at CAG and here, so I've been using that info that speedy posted. I've enjoyed being able to see these early and plan my purchases out a week in advance. I really hope nothing too bad happens to the guy. Maybe he should only have posted one week in advance and not two.

I wonder if CC was really loosing money because of this? I actually found it quite convenient. I would think they'd be more worried about pissing off major companies like Sony and Microsoft.

[Oobgarm]

I would think they'd be more worried about pissing off major companies like Sony and Microsoft.

I have no doubts that some pressure has been put on CC by the major corps, thereby resulting in this fiasco.

They want to keep their relationships in good standing, so they're aiming to put a nix on these leaks ASAP.

[Eggman]

I disagree fully, plus I don't think this is "Sensitive" information

It's a flyer nothing special, I don't care if it's a week or two ahead of time it's not like it's something that's of any importance, I just don't see what the big deal is and I really hope the guy that is leaking it, gets away with it.

but meh it's Circuit City.

It seems pretty obvious to me though that if Microsoft/Sony gives a price drop on their systems, and Circuit City prepares for it in their ads ahead of time, that they would be very angry if the ad got out early and their announcement was ruined.

[FantasiaWHT]

Legally speaking: They can nothing to this fellow. Simple as that.


Is the guy an employee? Did he sign a non-disclosure agreement? Is non-disclosure of internal information an industry standard or part of an unwritten condition of employment?

Breach of contract.