It looks like a Best Buy in Marina, California was a little confused about what "floor model" meant and accidentally put a boxed 360 version of
Rock Band out for sale instead of setting it up as a demo unit -- and the eagle-eyed Tim Menz managed to spot the oversize box poking out of the Guitar Hero 3 display and "casually" purchase it. Apparently the UPC was already in the system but didn't raise any flags when it rang up for $169. Tim didn't bother with any of that silly rock music nonsense and skipped straight to selling out on eBay, but pulled the auction when EA called him and politely asked him to return the kit to the store. He hasn't done that yet, since it's a little unclear whether Tim got a full copy or just an in-store demo -- anyone out there know the answer?
Update: Tim got back to us and says it is in fact the demo, but he's put it back on eBay for all you desperate to rock.
Update 2: Tim just let us know that Best Buy is now offering him a full refund plus a $100 gift card -- looks like Big Blue wants their toys back.
[Thanks, Thomas]
posted Nov 1st 2007 at 6:52PM
Reader Comments (Page 1 of 2)
BigD145 @ Nov 1st 2007 6:58PM
The Best Buy in Marina is a brand new store. I used to live down there. I would expect this to happen.
Isaac @ Nov 1st 2007 6:58PM
Don't return it to the store. Keep it, and sell it later.
chris @ Nov 1st 2007 9:08PM
Does the cat come in the box too?
Joe Bar @ Nov 2nd 2007 4:11PM
The guy's a friggin idiot low-life for trying to resell the item in the first place. He's probably one of the guys who went out there and bought up as many Wii's, iPhones, Elmo's, etc. he could find to try and make a fast buck. If he was smart he would have just kept his mouth shut and used the game for it's intended purpose and later sold it if he didn't enjoy it.
Josh @ Nov 1st 2007 6:59PM
This is pretty funny...
01 @ Nov 1st 2007 7:09PM
Right? I would see absolutely no reason for him to return it, even if EA called him. Early bird gets the worm and all that.
Lucas Schafer @ Nov 1st 2007 7:11PM
i heard someone say that it was infact a demo unit and the demo units dont have bass pedals for the bass drum
mexicanmike @ Nov 1st 2007 7:15PM
Hahahahahahaha, thank god for people who follow directions. Those items come in boxes clearly stating "Hold, do not sell till"!!!!!!!!! Gotta love those green employees at new stores.
newgalactic @ Nov 1st 2007 7:14PM
I would put it back in eBay. Why should he have to take the auction down? He didn't do anything wrong.
Montusama @ Nov 1st 2007 7:14PM
Cats and their boxes.....
Dave Zatz @ Nov 1st 2007 7:15PM
EA calling to return it? What kind of silly request is that. Though selling it on ebay seems a bit tacky. He should be wailing on the drums instead.
bombastinator @ Nov 1st 2007 8:18PM
Never hurts to ask, or at least not very often.
Dznetworks @ Nov 1st 2007 8:33PM
What I want to know is, how did EA get his number?
cr @ Nov 1st 2007 7:16PM
Now that he bought this, doesn't it legally belong to him? I can see EA "loaning" it to Best Buy, in which case, Best Buy didn't have the right to sell it. I wonder if the demo unit falls under that condition.
Taylor Fort @ Nov 2nd 2007 3:11PM
From going to several midnight releases, I believe it's in a sales contract with the publisher that they cannot sell an item before the agreed upon date and time or else there are serious financial penalties on the retailer. I've forgotten / can't remember exactly the penalty amounts, but one employee mentioned something to the ranges of $10,000 per unit sold. Anyone confirm/deny?
newgalactic @ Nov 1st 2007 7:24PM
You poor sucker. That's what the RIAA/MPAA has done to youthful Americans, convinced that them that they don't own the things they buy. SH!T people, grow backbone. I suggest that everyone between the ages of 15 and 65 goes out and buys two rifles and a shotgun, sh!t's getting out of hand. We're going to lose our country via the election box, might as well take it back via the cartridge box.
Jesse S @ Nov 1st 2007 7:36PM
Vote from the rooftops.
Mike @ Nov 1st 2007 8:27PM
Wow. newgalactic is an idiot.
Aiwanei @ Nov 1st 2007 9:15PM
newgalactic that has nothing to do with the RIAA/MPAA did you know that when you buy most software today you aren't actually buying the software? you are buying a license to use it that can theoretically be rescinded at anytime. Learn your facts before going on tirades. kthxbai
newgalactic @ Nov 2nd 2007 2:19AM
Silly Aiwanei, are you seriously "ok" with that kind of treatment? I know what the rules say, but I don't have to like them. What we have here is what we call "commentary". It's not always facts, but sometimes it's comments on the facts. Goodness, what do I have to do to get a laugh out of you people? I used the phrase "youthful Americans", "grow a backbone", and suggested we all stock up on canned goods and shotguns. What, do I have to use the acronym GOMDL!!! to make the sarcasm any more obvious? Fight the power bro.
And Mike, your right. I am an idiot, and your an a$$hole. Get bent.
YCH @ Nov 2nd 2007 8:40AM
First of all, Aiwanei, until Tim clicks the "I accept" button, the license doesn't apply. In this case, it looks like he hasn't even opened the box yet.
Second, even if Tim did accept the license, there has to be a condition in it that Tim violated before Rockstar can, as you put it, "rescind" it. And I would be really surprised if the Rockstar lawyer was omniscient enough to put in a provision that said "if you accidentally buy this before the release date, you have to give it back."
Finally, your misguided opinion that a company can terminate a license at any time for any reason is exactly what newgalactic is talking about. This is incorrect. What do you think you are paying for when you buy software? In order for the software vendor to terminate, you have to breach a condition of the license. The vendor cannot just terminate on a whim.
painty @ Nov 1st 2007 7:15PM
EA can stick it. He bought it fair and square.
Ekauq @ Nov 1st 2007 9:21PM
EA can buy it back if he decides to ebay it :)
Jay @ Nov 1st 2007 7:23PM
It is a partial demo. I played it yesterday at my BB. Either way, it is Best Buy's problem, not this guys. I'd keep it just for the heck of it.
Grant @ Nov 1st 2007 10:12PM
I think the oddest part of all of this is that not only did the demo set have a sku on the box, but that it was in the system with a price. Even if the thing had a sku on it for internal control, it should have never had a price attached.
If Ea wants their gear back, they can buy it in the open market on ebay with everyone else.
mattyb @ Nov 2nd 2007 1:48PM
Exactly. Where I worked, any display item would have a SKU, but would ring up for $.01
anonymouspimp @ Nov 1st 2007 7:25PM
Interesting. You must really be up on release dates to spot this and try and buy it. Kudos to Tim Menz for that, I guess. But if I were him, i'd eBay it too, and rock out carefully until my auction ended in a week or so. Why not. Good job, dude! Have fun!
Mrfreezie @ Nov 1st 2007 7:26PM
Engadget, Why was my comment deleted? Was it because I mentioned Kotaku?
jimmyfinch @ Nov 1st 2007 7:28PM
EA called him and politely asked him to "not gnaw on our kitty, we just stroke him and love him".
I think he should ransom it for ONE MILLION dollars.
Finally those capitalistic pigs will pay for their crimes, eh?
Jay @ Nov 1st 2007 7:35PM
Rock Band...its whats for dinner! Rock Band...the other other white meat!
Joshua Walters @ Nov 1st 2007 7:40PM
I think he might want to return it. EA strikes me as the kinda company to sue. Im sure they could find SOMETHING to nail him on.
I do think its cool what happened and how he picked up on it. I would have tried selling it on Ebay as well.
Oh, and to newgalactic:
If they are only selling a license, then you dont own it (unfortunately). Dont blame the RIAA, blame Microsoft. They started the licensing movement when they licensed DOS to IBM.
newgalactic @ Nov 1st 2007 8:08PM
You poor sucker.............
Eric B @ Nov 1st 2007 9:05PM
You own the game and equipment. It is not a license. You however own 1 license to play the game. All physical items are owned by the owner. Period.
Concura @ Nov 2nd 2007 11:03AM
own the hardware but license to play the game? that's just silly! i'll just let anyone who wants to can play my hardware! with my permission of course. since i own it :)
Joshua Walters @ Nov 2nd 2007 5:44PM
Its not that Im a sucker or anything. Its just the fact of life. Its nothing we can really stop. In reality, Im against all this BS.
BUT the only way to be taken seriously is to protest in peace. Im not going to go all radical, because no one wants to listen to you. Sure, I rarely pay for music, and my name is on the Free Press list for about EVERYTHING, but Im not going to go for some of the nonsense people do.
Its their material, they have the right to license it how they want. My only gripe with the system is that they license it, we break the license, the RIAA sues, and the artist doesnt see a cent. In fact, they pay to be a member of the Recording Industry! That doesnt seem fair to me!
Randomness @ Nov 1st 2007 7:40PM
If it was a 'loan' from EA, aka a "bailment' in legalese, Because Best Buy is a merchant in the same goods, and Tim bought it in good faith that Best Buy had clean title to the goods, Tim is the full owner of the goods and possesses title to them. EA only has a cause of action against Best Buy.
Sirocco @ Nov 1st 2007 7:43PM
Tim bought it fair and square, so it's his. Although, if a pet adoption agency can do a repossession, I guess everything is up for grabs.
Sirocco @ Nov 1st 2007 7:48PM
I would have offered to sell it back (to Best Buy) for $500 - I doubt he'd get that much on ebay, for an item that no one knows exists.
Qsat @ Nov 1st 2007 8:03PM
About 75 rock-band kits are pre-sold everyday on ebay, so i guess that i lot f people do care for this item, and it is really easy to find, i came across this listing this morning after 1 minute on ebay while looking to bid for a pre-order.
brent @ Nov 1st 2007 8:06PM
Well I dont own rockband 19 days early but the rockband big rig tour thing came to my school today (CSULB) and the game looks ridiculously fun I'm pre-ordering it tomorrow.
Chris @ Nov 1st 2007 8:09PM
Personal property is slowly fading away. Personally i would barter with EA, offer me something i want and i'll trade it back to you. Simple as that.
Eric B @ Nov 1st 2007 9:07PM
If I were him, I'd had offered EA to return it for my full refund in turn getting a free copy from EA.
BIg Al @ Nov 1st 2007 8:20PM
Maybe EA should bid on it if they want it that bad. Seriously, can they keep you from selling something that you legally bought at a retail store?
Poland626 @ Nov 1st 2007 8:26PM
Wait, wait, wait. Did he really pay $169 for a fricken demo!? Lol
Richard @ Nov 1st 2007 9:35PM
You tard. It's not a demo of the game, it's an IN-STORE demo of the full game!
Grant @ Nov 2nd 2007 12:29AM
Jesus richard, don't be such a dick.
especially when your not not entirely right.
The in store demo doesn't have everything enabled on it and typically has a reset timer.
So yes, Poland is right, but its the baddest ass demo you could want.
Andrew @ Nov 1st 2007 8:47PM
Something isn't right with this. I sent engadget pictures of the demo box from out store. In Best Buy's system the demo has it's own SKU and is assigned a retail value of $0.00. Seems a little odd that it would have the barcode on it for $169. To me it sounds like this is the full version of the game.
Nightfyre @ Nov 1st 2007 9:29PM
Maybe some clever clerk had the idea to trick him and pocket some cash... is kind of funny that he paid that much for a demo, though. Still, it's essentially a one-of-a-kind item, so the cash potential on ebay actually points to a decent return on investment...
jamesr242 @ Nov 10th 2007 4:42PM
That's hilarious, I would tell them to F off. What are they going to do, come after the guy.
LEG @ Nov 2nd 2007 6:05PM
Surely Best Buy and EA have deep enough pockets to inspire this product to be returned. Beside, as often as BB has hosed legitimate consumer returns, it is ironic too see that they may reap what they sow.