As we mentioned previously, electronics retail giant Circuit City subpoenaed video game shopping community CheapAssGamer.com. Circuit City is demanding that CAG turn over information about registered member Speedy1961, who has been posting CC ads on the site before they are released. Today, CAG Productions CEO CheapyD (aka”David Abrams”) has posted Circuit City’s complaint, which is the basis for its subpoena. CAG has responded: CheapyD has filed an objection to this action — a “Motion to Quash” the subpoena based on procedural errors made by CC’s legal eagles, such as failing to include certain documents. What’s more, it seems that CAG Productions, a New York Limited Liability Corporation, is out of the Virginia court’s jurisdiction, where the suit was filed. Circuit City needs a commission to a New York court. The crux of CC’s argument is that Speedy’s posting the PS3 price drop before it was announced means that it influenced sales behaviour, making it less likely a customer would purchase a PS3 between July 7th and July 15th, the time between the leak and when the price drop went into effect. Of course, Circuit City has a price protection policy. So? So, even if you bought a PS3 during that specific week, Circuit City would have refunded the difference after the fact. Seems like a pretty shaky legal foundation CC has here. Know that Speedy has already stopped posting the CC ads. If that was the retail giant’s objective, mission accomplished. For the time being.
All the documents and legal mumbo jumbo are over at CAG for your perusal.
Docs, CAG Cast [CAG]