CheapyD makes 'motion to quash' Circuit City subpoena

by Alexander Sliwinski on Aug 23rd 2007 3:55PM

OK, just ignore how much you'll never shop at Circuit City again for about two minutes. CheapyD, also known over a couple pints as David Abrams, was recently subpoenaed for his information regarding Speedy1961, a forum poster on Abrams' CheapAssGamer site. Speedy1961 is probably best known to the general audience as the guy who pretty much breaks or verifies major sales information early -- like the Circuit City price break for the PS3 seen above. CheapyD's lawyer has now filed a 'Motion to Quash" Circuit City's original subpoena citing procedural errors and stating, "CAG reserves the right to further challenge the Subpoena on its merits after the procedural deficiencies noted above have been addressed by this Court." That's legal talk for burning time.

CheapyD discusses the situation in the latest podcast. From a basic public relations standpoint, this really seems like a silly move. Circuit City has gotten tons of free publicity and advertising from these leaks. Well, the saga will continue and we're sure CheapyD will keep us informed.

Source

Tags: cheapassgamer, cheapyd, circuitcity, flyers, leaks, PS3, speedy1961

Reader Comments (35)

Screw CC and especially screw Sony.

I follow you... Screw Sony and his useless PS3

My PS3 is awesome!!!!

I highly recommend getting one.

I swear, "screw sony" has become every bit the internet meme on the same level as all those little slack jawed idiots posting O RLY and Chuck Norris jokes... so sad. As if Sony is the only company to ever do anything like this. Because, when I was working retail, I didn't get suspended from work at all because I told a customer about the upcoming Nintendo DS price drop right in front of the Nintendo rep. That shit just never happened....

Time to boycott Circuit Schitty!

I wonder how much of Circuit City's motivation is pressure from the corporations behind said products...

ooo and did I mention that I hate circuit city in my last post. I HATE CC I HAAAAAATE UUUUUUUUUU
(But I am stilling willing to go buy stuff at ur store when neccesary)

I would, if they EVER FUCKING HAD THE GREAT BUYS THEY PUT IN THEIR ADS! I mean, it wouldn't be so bad if all local stores didn't match gimmick ads and Circuit City no longer does rainchecks. They can put whatever the hell they want into their ads and never be put to blame for it... like that MSPoint raping they did recently. My local store started that ad with 4 cards, and they restocked 8 days after the ad was over....

I already hated Circuit City, Best Buy surpassed them years ago...so this news doesn't really change my buying habits.

I guess my 1st post here didn't get added but my last one did so let me restate my first post below

Circuit City puede chupar lluevos grandes de King Kong
y tambien puede comer cagada de perro que tiene rabias.

Translation
CC can suck the big balls of King Kong and eat dog shit thats infested with rabias.

You mean huevos instead of lluevos (lluevos its not even a word)

Oh. I get it. It's an innuendo.

So what does a quashing motion look like?

If you listen to their podcast it might just involve Falafel. If it does, you really don't want to know why...

You more or less write a motion that says the subpoena is not legit because of the procedural errors they talk about. As far as the actual motion, I have done 100's and they all are equally boring to look at. Its a pretty a-typical motion that everyone does when they get a subpoena they dont like.

I suppose the judge will say "I already know what the outcome of this case would be, because I'm MENTOK, THE MIND TAKER! OOOoooEEEeeeoooOOOooooooo! So yeah, we'll go ahead and carry that motion to dismiss."

Just price match at Best Buy when CC has good deals. That's what I've been doing for awhile now.

Wait, didn't sales for the PS3 skyrocket when people found out about this, thus more money for CC? You think they would give Speedy a job in advertising (though i hope he would never take it), but instead they subpoena CAG. Companies are weird.

With the amount of cash they are losing per console sold, I doubt any lift in sales was recognized as profit by either CC or Sony.

because other retailers who missed out on the publicity by not jumping the gun are pissed off and asking papa Sony to kick CC's a$$. CC gets all whiny and looks for someone weaker than then to beat on, finds CheapyD, whose lawyer says: "We wont even dignify that shiet!"

Conclusion: CC is a bully! Take some zoloft or something and chill.

Haha, the complaint from Circuit City has a screenshot of CAG, in which there is a Circuit City banner ad! Priceless!

Maybe I'm late to the game, but why exactly am I supposed to hate Circuit City again? I know personally I prefer it over BB because the sales people aren't all over you like they are at BB, they often have slightly higher end stuff (I prefer some of the audio equipment brands over some of the brands at BB), and you it's not super loud with some annoying subwoofer blasting in the background; the atmosphere is just calmer in there, and I like that (but it just may be me, I guess)...so I ask again, what did they that we're supposed to hate them for?

...where is this Circuit City you speak of? All of the ones around here (PA) are terrible (the subwoofer blaring in the background is par for the CC stores here), while the Best Buys are much classier, cleaner, and have better employees.

Maybe that's true...I could just have bad luck with Best Buy's. The one near me is so ghetto always blarring something super loud when I walk in. I still shop at both places, but I prefer the Circuit City near me to the BB. I'm sorry to hear about that Circuit City near you. I wouldn't go there either if it was like that. I must be lucky with the one near me (Toledo, OH, if you're curious).

Circuit City gave me a freaking sweet deal on my TV/Xbox 360, so I'm happy. I generally visit Best Buy more though as it's within walking distance of my apartment.

I totally agree with you. I would much rather go to Circuit City and get something than Best Buy. Circuit City has a lot better prices and they don't hound you when you walk in. I know what I'm looking for you don't need to ask me, and if I need help I'll ask. Best Buy definitely needs to learn that. Also the rewards are better, for every $100 spent at CC I get $5 gift card, BB it is $250 for a $5 card. I just don't see the reason to go to BB.

I like the fact that CAG has the CC ads up for next week. Just find that funny.

And I will continue not buying from CC!!! I have bought 5 things from them in the last 5-6 years. Animal Crossing GC when it came out, a $4 DVD and 2 for $30 games last year, and then Lego Star Wars 2 a few weeks back.

Man, I have always hated Circuit City. Every time I go in there, all of the employees are standing around goofing off and talking with each other while the cash register lines wrap halfway around the store.

Also, Circuit City sells CD's at cost to undermine independent record stores and lure customers in before selling them overpriced peripherals.

Yeah that does suck. But, to be fair, doesn't BB do that too (the CD part)? I mean, everytime I buy something at BB (and CC), I'm constantly being sold something else (if I wanted it, I'd get it, ya know? pretty annoying). To me, these stores are very identical, and I don't really like either that much...but I do prefer the CC near me because the BB is just obnoxious. Again, I could just have a sour taste in my mouth from the Best Buy near me because the employees there aren't too good either (although could just be the one near me is and could be different other places).

Oh how evil, selling CDs at a price that's closer to what they're actually worth rather than charging the sort of mark-up that put Tower Records in the hole.

Everytime I go into CC I walk out with the feeling that their employees really don't give a crap. I'd rather go to BB and do a price match if CC is selling it cheaper.

Well, personally I refuse to shop at Circuit City because they treat their associates like garbage. A few months ago they game a bunch of their most experienced associates the lovely option to either take a large pay cut or find another job.

That being said, I don't think that Circuit City is in the wrong in this situation. Sales circular data is confidential company information up until the time that they decide as a company to publicly release it. I can't for the life of me understand why this fool would think for a minute that was he was doing would be ok in a companies eyes.

Circuit city may or may not have grounds for legal action (that's up the the lawyers) but they definitely have the right to find out who the leak is in their company and terminate his dumb ass.

Don't blame Circuit City for taking action. Sony probably threatened them with a lot more so they have to cover their ass and show Sony that they blew it and are trying to make amends for blowing it.

CheapyD is the unfortunate scapegoat for CC's mistakes.

From CC's complaint:
20. To the extent that Speedy1961 is a current or former employee of Circuit City or a Circuit City vendor, Speedy1961 owes to Circuit City a continuing duty of of loyalty, care, and confidentiality.

Ummmm.... not necessarily. A) those are the duties a fiduciary, e.g., lawyer, agent, trustee, owe to a company and not a general employee unless spelled out in the employment contract. Employees generally have no duty of loyalty as the term is generally used. B) If he is a former employee of a vendor, it is arguable he owes the vendor a duty of due care, but not Circuit City C) If he DOES owe them a duty, and he is a former employee, that duty should only extend to information obtained during his employment. It does not cover information obtained after his employment is terminated.

-p-

Although CC's trade secret claim looks pretty tight. :-/

-p-

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CheapyD makes 'motion to quash' Circuit City subpoena

Reader Comments (35)

Posted: Aug 23rd 2007 4:02PM (Unverified) said

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