183 Comments
- calebhawk, on 10/12/2007, -10/+452Seller was easy to deal with and a complete dumbass!!!! AAAA+++
- felchdonkey, on 10/12/2007, -2/+322I expect he'll just email the winner something like:
"I'm so sorry, I took your PS3 bundle down to UPS to ship it this morning - I stopped off at Starbucks on the way, and when I came out to my car, it was STOLEN. I'm so bummed. Don't worry, though, I will refund your money 100%." - Lexrst, on 10/12/2007, -5/+258Further proof you should post it to Digg before sending it to others...
- lemur33, on 10/12/2007, -8/+207who really cares who gets credit ? do you win a free frisbee when you collect 5000 awesome points ?
it really can be annoying how digg is sometimes about getting 'MY' story on the front page and being proud of that rather than just sharing some stuff. - cquinnd, on 10/12/2007, -1/+198Ouch. I hope he gets positive feedback for that sale.
- Elohir, on 10/12/2007, -11/+152He waited in line for days.......to sell it on ebay.
Cry me a river, people like this are the REASON kids are having to camp outside stores just to get a damned games console. - inactive, on 10/12/2007, -2/+142anyone would rather loose an ebay account than give 600$ + away, so sorry to burst your bubble but there is no way he will go through with it
- Llanowar, on 10/12/2007, -3/+111I would simply not sell it for that price, anyone can make a mistake.
Though he might get some bad feedback, better than losing 600+ bucks - calebhawk, on 10/12/2007, -7/+114Ya, he lost his soul when he bought the ps3
- wisedude, on 10/12/2007, -2/+101How hard is it to realize that THEY'RE NOT FORCED TO SHIP THE DAMN ITEM, if it goes for that little they'll gladly take a negative feedback, better than losing 800 bucks
- chris9902, on 10/12/2007, -2/+95Seller needs a hug. A+++
- slimnickyy, on 10/12/2007, -5/+96Umm, this was "set up" by two buddies so they could post it on digg.
- wvdavis, on 10/12/2007, -2/+92I don't know... I foresee some negative feedback in his future. I doubt he'll honor that price.
- andyrobo60, on 10/12/2007, -13/+97This is almost as good as the person who payed £350 in the UK last year for an EMPTY 360 box.
- rolfeman02, on 10/12/2007, -5/+815 bucks says he won't go through with the auction
- gost3, on 10/12/2007, -1/+62It was listed at
Starting time: Nov-20-06 20:24:32 PST
and the guy bought it at
Ended: Nov-21-06 02:29:43 PST
so within them 5 hours anyone could have bought it, so I doubt it's two buddies or they had a very risky 5 hour gap. - Arkitan, on 10/12/2007, -16/+75This is why digg shouldn't show who submitted a story, just who dugg it.
- SigmaX, on 10/12/2007, -14/+73Don't blame him for trying to make money off the PS3. Blame the dumb asses that are actually buying these things for $2000
- Draracle, on 10/12/2007, -7/+55awww muffin
- Flankk, on 10/12/2007, -1/+48Actually, the eBay TOS states bids and auctions are made void if an obvious "typographical error" is made, such as appending four zeros to a bid or selling a PS3 for a dollar.
If the buyer took you to court, you'd only be liable to refund the winning bid. Any judge will throw out a case asking for monies on an item you don't even own. What punitive damage is the buyer going to sue for? He's only at a loss of a dollar and that's all a judge would award. - ragnorok999, on 10/12/2007, -14/+54That poor, poor person.. How much would that suck? He waited in line for a couple of days to get it and now he loses $599 because of a simple mistake. I feel it for ya bud.
- kevyn, on 10/12/2007, -11/+47take your stupid arguments to slashdot with you
- zeabrid, on 10/12/2007, -5/+39^^
He lost way more then $599 - f00xx0riz3r, on 10/12/2007, -7/+39Auuh.. lame. In all aspects. Buddy-digging, lame. Ebay, lame. PS3, lame.
- onikage, on 10/12/2007, -0/+32@Starforge
Wait until you make an honest mistake and then see what you think. - jenoosia, on 10/12/2007, -3/+35Still is funny, though.
- andyrobo60, on 10/12/2007, -1/+32it says "Free Shipping from Boston" so i take it the shipping is free.
- imcr, on 10/12/2007, -3/+33I believe this is fake, the buyer has a rating of zero.
- johnholmes, on 10/12/2007, -10/+38Actually your bid is a legally binding contract (http://pages.ebay.com/help/policies/unpaid-item.html) and you are legally compelled to go through with the transaction in most jurisdictions. If the buyer wanted to, he could pursue the matter in court to get you to provide the item for the agreed price or seek damages in place. Not likely that it would be worth the hassle, but people should realize that they are liable.
- chmod, on 10/12/2007, -9/+32Goodbye. We won't miss you.
- bloobloo, on 10/12/2007, -3/+26@Wordbaron - learnt (v.) A past tense and a past participle of learn.
- zaid, on 10/12/2007, -2/+23the PS3's 2 year warranty is $200?? what the eff?
- fatdog789, on 10/12/2007, -2/+19*cough*
"Specific performance" is a viable remedy ONLY for unique goods or real estate. As there are purportedly 400,000 other units, the PS3 is clearly not a unique good. Obviously, it is not real estate.
Hence, the buyer's only recourse is restitution, for unjustly enriching the seller $.99.
Furthermore, the $0.99 is clearly a mistake because it is an offer too good to be true, given that the price is 1/600 the RETAIL price and 1/1000 the market price. Plus, because the buyer has not relied on this "deal" and purchased other goods (such as controllers, games, etc), he has no basis for recovery under promissory estoppel.
Let's not even get into expectancy damages, because if he were to argue that he expected to make $600+ by reselling the console he just bought, he would only reinforce the seller's claim that the $.99 price was a mistake.
IOW, there was no offer to be accepted by the Buy It Now, so there was no contract. Without the contract, there is no legal obligation. Capiche?
Any law student who paid attention in contracts knows this. - colklink, on 10/12/2007, -1/+16In contract litigation there are no punitive damages anyway. Breach of a contract is not punishable (in comparison to a tort where punitive damages are used to admonish the conduct). Basically, the court seeks to make the parties whole and put them back into the position they were in before the contract was made. While you may sue for specific performance of a contract (which would require the parties to carry out the terms of the contract), this is not favored by courts generally and is only allowed in certain circumstances.
In fact, there is such a thing as "efficient breach" which is usually used by corporations to get out of contracts if they see that their costs to make the other party whole will be outweighed by the benefits of breaching the contract (meaning they will make more money if they breach than if they perform). Since there are no punitive damages, this is usually easily calculated. - jdimstrbean, on 10/12/2007, -1/+15It clearly states Free Shipping in the auction. So, if the seller actually went through with the sale, not only would he lose the 599, he'd have to pay costs of shipping the thing.
- Eastlygod, on 10/12/2007, -9/+23@Elohir
As you can see on the pictures, he has two. He waited in line for so long to get one for himself, and he thought he'd make a tidy profit on the other... obviously not! - PixelVision, on 10/12/2007, -1/+14Well he made a buck!
- ylph, on 10/12/2007, -2/+15I don't think it is the fault of the people who sell these on eBay - this is a free market society and people are stepping in to profit from the supply/demand imbalance, as they should.
The reason there is an imbalance in the first place is because the manufacturers want a launch day sell-out and publicity from people lining up all night for their latest product. This creates hype that can, if managed properly, turn into more sales in the long run.
This system used to work well in the past when there was no viable secondary market to trade these products in - mostly end customers would line up to buy the products then, and act as free marketing agents by hyping them up more amongst their social network if they managed to score one at launch.
Now there is eBay which despite all its faults does provide an efficient way to instantly connect buyers and sellers from all around the world and facilitate real market driven price discovery. I am not sure that traditional marketing has fully understood all the implications of this new reality yet. By selling the PS3's in the primary market way below what the supply/demand would price them at, Sony is essentially giving up some 200 million dollars of revenue to fuel the hype, but is now also incurring some ill-will among the actual end-users who can't really compete with the eBay scalpers anymore and end up having to buy the product at the actual market price on eBay, which Sony could have sold it at in the first place.
But this might actually prove to be a winner for manufacturers in the end, since the ill-will tends to be misdirected at the eBay scalpers rather than the manufacturers themselves, and the visions of eBay profits actually ends up creating even more demand and hype at launch, and even more free marketing agents for the product in the form of hopeful eBay entrepreneurs...
So to sum up, we are all just mindless pawns in the hands of multinational corporations to do with as they please - so just go ahead and consume some more Happy Products :)
I am off to play a few rounds of M.U.L.E on my Atari 800, PS3 be damned... - JalenJade, on 10/12/2007, -9/+21Probably true but even if its not, there's no shipping price disclosed so the seller could charge whatever for shipping anyway.
- r3zonance, on 10/12/2007, -0/+11"It should be the responsibility of the seller to check their auction. I think this seller should be obligated to ship the item and that price. Sure it sucks they made a mistake, but if a buyer is responsible to pay, so should the seller to ship."
Hmmm, in the same way the stores DON'T have to sell a mispriced item if it was obviously a mistake, or they will loose quite heavily on it. - fmaxwell, on 10/12/2007, -3/+13I agree. Good riddance.
- Philbert, on 10/12/2007, -7/+17Next time I see a description using the Mastercard "priceless" bit it gets automatically buried. It wasn't even funny after Mastercard had been doing it for a while, what makes everyone on the internet think it'll be any funnier when they do it?
- reversial, on 10/12/2007, -0/+9I love how the page counter is still 00004, even though its been on the front page of digg.
- mrstretchie, on 10/12/2007, -2/+11@felchdonkey
That's what you or I might do. But would you be in his situation in the first place? - ozziek, on 10/12/2007, -19/+28Poor person? Serves him right I say. He's tyring to milk hard earny money out of the rest of us by immediately putting it up just like these other dumb asses who are putting PS3s on for $2,000 plus.
He tried to cash in with an auction, had every opp to preview it before it went up and made a stupid mistake.
Lesson learnt - if you're a dumb ass don't waste your time buying a PS3 and trying to make some money on ebay! - bloobloo, on 10/12/2007, -1/+9This is a perfect example of a contract that is voidable under the doctrine of mistake. Where one party makes a material mistake in the formation of a contract that “no man in his senses, not under delusion, would make…and which no fair and honest man would accept…” then it can be voided.
- istatic, on 10/12/2007, -0/+6or theres the chance that he realized his mistake and quickly made a new account and purchased it himself.
- Aliarse, on 10/12/2007, -3/+9"trying to make a fast buck"
Dont tell me you would'nt do exactly the same thing if you had a spare ps3 lying around. I know i would.
If someone is willing to pay XXXX amount for a game system because his precious little son/daughter will whine like a spoilt little brat because they never got one for christmas, more fool them.
Honest mistake, and if i was him i wouldnt sell it either. I'd sooner have neg feedback and be kicked off fleabay then be out of pocket by £312.742 + shipping. - noGoodNamesLeft, on 10/12/2007, -14/+20"Cry me a river, people like this are the REASON kids are having to camp outside stores just to get a damned games console."
Cry *me* a river if you want to follow that line.
You said yourself that it's just a "damned games console". No-one's forcing those kids to camp out to get one.
There isn't much stuff available yet; neither Blu-Ray discs nor games. *Especially* games... they'll take a few months to arrive in quantity. So the only thing they're really being "deprived" of is the chance to be an "OMG I got a PS3!!!!!!!!" early adopter.
They're the ones playing along with the hype and exacerbating the shortage if you want to view it that way. Who cares? It's not a bloody pacemaker for their seriously-ill younger sister, is it? It's a "damned games console".
What makes their desire to own one any more "pure" or valid than someone else's desire to make a lot of money off some impatient early-adopters anyway? - Osjpr, on 10/12/2007, -3/+8All he has to do is not abide by the conditions of sale and sell it on the street.
-
Show 51 - 100 of 181 discussions



What is Digg?
Digg is coming to a city (and computer) near you! Check out all the details on our