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Congress Joins Battle Against Ticket Bots (csoonline.com)

itwbennett writes: A pair of companion bills now pending in the House and Senate would define the use of bots to buy tickets as an 'unfair and deceptive practice' under the Federal Trade Commission (FTC) Act. It would also become a federal crime, and create a right of action so that private parties can sue in federal court to recover damages. But if a similar law in Tennessee is any example, making the practice illegal doesn't make it any easier to find the people responsible for the bots. The Tennessean reported a year ago that, 'despite the apparent prevalence of the practice, no one has been prosecuted for this hard-to-prove crime in Davidson County.' This may be just another example of members of Congress not understanding the problem, but some experts say that making the bots illegal is at least a start. 'It helps to shine a light on a problem,' says Rami Essaid, cofounder and CEO of Distil Networks.

150 comments

  1. At least by milgram · · Score: 1

    They aren't bot's posting to Slashdot!

    But, I see this as another example of laws trying to chase technology.

    1. Re:At least by Anonymous Coward · · Score: 0

      itwbennett is pretty much a bot for csoonline.com. Doubly pathetic if it's actually a human.

    2. Re: At least by Anonymous Coward · · Score: 1

      They aren't bot's posting to Slashdot!

      That's a joke, right? itwbennett purely posts submissions from a single website, and has never made an actual post.

      Next you will be telling me nervalslobster is insightful.

    3. Re:At least by LinuxIsGarbage · · Score: 3, Insightful

      I thought it was going to be about Photo Radar bots issuing speeding / red light tickets.

    4. Re:At least by Anonymous Coward · · Score: 0

      I wish I had mod points. This is what came to my mind.

    5. Re:At least by Coren22 · · Score: 2

      Or bots doing microtransactions on Wall Street.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  2. Ticket Bots? by Anonymous Coward · · Score: 1

    Here I was thinking congress was going to outlaw photo-radar, red-light cameras and the pending use of drones to spy on citizens in order to more 'efficiently' write them tickets.

    Silly me!

    1. Re:Ticket Bots? by Mikkeles · · Score: 1

      Where's the NSA when you really need them?

      Tracking ticket bots should be their highest priority!

      --
      Great minds think alike; fools seldom differ.
  3. It makes it not quite so impossible to fight back by Anonymous Coward · · Score: 3, Interesting

    You see, if buying the tickets with bots is illegal, it would now be lawful to do something nasty like turn away bot-purchased tickets at the door. You might not be able to identify them it time to block the transaction but if you can reasonably identify them you can stomp them later. Even if you have a relatively low detection rate the blowback might be nasty against the re-sellers. Of course you'll take your own blowback too.

    Legal precedent: possession of stolen property is a crime

  4. sure, make it illegal by Anonymous Coward · · Score: 0

    The only thing that will accomplish is pushing part of the profits to China because that is were the bots will move to.

  5. Is this the sort of thing we need legislation for? by BitterOak · · Score: 2

    Why can't it be up to individual ticket sellers to set their own policies/terms of service? Why does the law need to get involved? What if I want to sell tickets to bots? Am I not allowed to?

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  6. Glad see Congress can tackle the tough issues by Anonymous Coward · · Score: 0

    NOT

    1. Re:Glad see Congress can tackle the tough issues by Anonymous Coward · · Score: 0

      NOT

      This congress is the worst in American history bar none. I think US citizens should sue congress for all the money and time they wasted trying to overturn Obamacare 50 + times. That would help the economy get going for sure. Big taxpayer bailout.

    2. Re:Glad see Congress can tackle the tough issues by OhPlz · · Score: 1

      What about all the time and money wasted trying to force into law? This is what partisan politics gets you, this mess was foreseeable.

  7. Moment of Hope by Anonymous Coward · · Score: 0

    I had a moment of hope that this was congress taking on red light ticket bots ... but not at all close; it's congress taking sides in crooks v.s. crooks.

  8. So glad ticket master can buy laws. by Anonymous Coward · · Score: 0

    This is such an important issue lols.

  9. Foo Fighters have the right idea by Anonymous Coward · · Score: 0

    The only way to avoid bot purchasing, he said, is to avoid the Internet entirely. Some artists, like the rock band Foo Fighters, held a "Beat the Bots" day a year ago in advance of their tour, where the only way to buy tickets was in person at box offices nationwide. The tickets weren’t available online until more than a week later.

    Sell your tickets at box offices first for some period of time, then later make them available online. Pretty much removes the justification for scalper bots entirely.

  10. Re: It makes it not quite so impossible to fight b by Anonymous Coward · · Score: 0

    Some venues have been taking action on this. Like first 15 rows are will-call window only. Cannot transfer to another person after initial purchase.

  11. How is this different... by Lead+Butthead · · Score: 4, Insightful

    How is this any different from High Frequency Trading?
    Because one made regular (ungodly large) campaign contributions to the loops in Washington and the other one does not?

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
    1. Re:How is this different... by Anonymous Coward · · Score: 0

      +1

      And I came here to post just what you wrote.

    2. Re:How is this different... by Anonymous Coward · · Score: 0

      +5 dude.

      Exchange bots should be next on the list. All the 'free' exchange apps will look at your order, then purchase the stock for itself and resell it to you a few milliseconds later at a markup. The big banks are all rip-off artists.

    3. Re:How is this different... by crow_t_robot · · Score: 1

      Fucking nailed it.

  12. Wait a Minute by freeze128 · · Score: 4, Interesting

    It's a short hop from outlawing ticked-buying bots to also outlawing automated stock-trading software. This might be just the thing that the ordinary man needs to take back control of the economy.

    1. Re:Wait a Minute by Anonymous Coward · · Score: 0

      You're comparing a multi-billion dollar industry to one with mere millions. Different laws apply.

    2. Re:Wait a Minute by Solandri · · Score: 1

      More like a giant chasm. Stocks are meant to be resold and traded. Tickets are usually sold with the explicit condition that they cannot be resold.

    3. Re: Wait a Minute by Bobb+Sledd · · Score: 2

      Which is bull. Doctrine of First Sale. Name any other tangible item you can do that with. You can't! They even tried it with books, but doctrine of first sale prevails.

      --
      "They said I probly shouldn't fly with just one eye," "I am Bender. Please insert girder."
    4. Re: Wait a Minute by Anonymous Coward · · Score: 0

      Name any other tangible item you can do that with.

      Computer Games. They have bypassed The First Sale Doctrine by using DRM schemes like Steam. Pay a big enough bribe and anything can become legal, just look at high frequency traders. The Feds KNOW who's doing it, they just refuse to do anything about it because the bribes would stop.

    5. Re: Wait a Minute by Anonymous Coward · · Score: 0

      Trade the ticket. But if it doesn't match the CC used to buy it, then fuck off and miss the show.

      100% for this. Goddamn middlemen trying to squeeze every last ounce out of others's work need to fucking die in a ditch.

    6. Re: Wait a Minute by SuricouRaven · · Score: 1

      The first sale doctrine applies to copyright law - and it does indeed mean that a ticket, as a physical object, can be resold. But that doesn't mean it must continue to be a valid ticket: If the ticket is resold then the venue operator is free to consider it invalidated and deny entry. With paper tickets it is just difficult for them to establish at the time if it has been re-sold.

      All this could be effectively solved were the physical paper tokens simply replaced with, say, a phone app that tracks tickets and authenticates them cryptographically. It's also mean no more counterfeit tickets.

    7. Re: Wait a Minute by Anonymous Coward · · Score: 0

      You're not buying that. You're licensing that. There's the difference. The solution is to stop licensing things and insist on paying more to have greater usage rights or rights that include resale.

    8. Re:Wait a Minute by Anonymous Coward · · Score: 0

      lol.. i hope u r being sarcastic

  13. Illegal? by DogDude · · Score: 4, Insightful

    Why should it be illegal? Why should I care about this? If something is too expensive because the ticket face price is too much, or the reseller's price is too high, I don't go. I don't see what the problem is.

    --
    I don't respond to AC's.
    1. Re:Illegal? by Anonymous Coward · · Score: 4, Insightful

      That's pretty much the point right there.

      The real problem with ticket scalpers is the population itself.

      You want scalpers to go away? Here's what you do. Do NOT purchase tickets from anywhere but the original seller. Ever.

      If EVERYONE did this, then scalpers would fucking panic extremely fast as they end up with tickets they can't sell that they spent a lot of money on. If they do that a couple of times, they'll be freaking bankrupt. It's not like they can return the tickets. (And if they can, the ticket issuer should fix that.)

      Sure, it might make for some pitiful audiences at a few shows, but so long as the performers know the house was sold out, they're still getting paid and they'll understand why it's like that. (At which point they encourage everyone to move closer for a cool show!)

      You don't need a legal solution, as the parent says. You ALSO don't need a technical solution. All you need is a fucking social solution. And it WILL work, so long as everyone (or the VAST majority) play along.

    2. Re:Illegal? by Anonymous Coward · · Score: 0

      >>You don't need a legal solution, as the parent says. You ALSO don't need a technical solution. All you need is a fucking social solution. And it WILL work, so long as everyone (or the VAST majority) play along.

      Voting with your wallet does not work because there are people with more money than you and less brains.

    3. Re:Illegal? by DogDude · · Score: 1

      I personally don't give a shit who I buy it from. If somebody has it at a price I'm willing to pay, I'll buy it. I don't see what the problem is in the first place. Scalpers aren't doing anything wrong, as far as I can tell.

      --
      I don't respond to AC's.
    4. Re:Illegal? by Anonymous Coward · · Score: 1

      Why should it be illegal? Why should I care about this? If something is too expensive because the ticket face price is too much, or the reseller's price is too high, I don't go. I don't see what the problem is.

      Exactly. The value of the ticket is determined by what someone is willing to pay. The real losers are the performers (and the venue) who are leaving money on the table. Raise the ticket prices to the point where supply and demand balance and scalping will no longer be reliably profitable and the problem goes back to the occasional person in the parking lot looking to sell/buy a spare ticket or two. Yes, that will price some out of the live experience, but then that is already happening, but currently allowing third parties to profit without adding any value.

    5. Re:Illegal? by Anonymous Coward · · Score: 0

      The Austrian Opera house has a standing room for people who are willing to stand in line for 2 hours. Free admission vs. ~50-100 euro for a normal seat (IIRC).

      Same idea, tickets are sold below market value to allow truly enthusiastic people to get them. It would be a shitty [insert event here] if any human slug with enough money could buy them. The artificial price depression generates "buzz" (free marketing) and allows the truly dedicated an opportunity to enjoy the experience even without paying exorbitant prices.

      That's the theory anyway. In practice, scalpers exploit the price controls to make a profit in arbitrage. Does that make the entire idea absurd? Ask North Korea/Argentina how price/currency controls are working for them... then ask China. :)

    6. Re:Illegal? by ProzacPatient · · Score: 1

      This just doesn't apply to tickets but to other commodities as well as we've learned in the US like what is going on with 22 LR; people keep buying from scalpers because they can't find any ammo at stores because all the scalpers bought it all out (often using sly tactics to get around purchase limits) driving up demand. If people would stop giving into scalpers then the supply and demand would equalize.

    7. Re:Illegal? by SuricouRaven · · Score: 2

      Ammunition arbitrage. If scalpers can turn a profit in that manner, then the ammunition is under-priced compared to what the market will bear.

      It's not possible to drive up demand artificially to raise prices in the long term. It can work briefly, but it requires buying a lot more bullets than you can hope to sell at your higher price, and soon the ammo stores realise that they are constantly sold out and either start to stock more or charge more, either of which means the scalper needs to spend ever-increasing amounts of money to keep them sold out. In the end the scalper will either quit while they are ahead, or carry on too long and find themselves with a warehouse full of ammo crates they have to sell at a loss.

    8. Re:Illegal? by Anonymous Coward · · Score: 1

      "social solution... And it WILL work, so long as everyone (or the VAST majority) play along"

      haha... so in other words: it won't work.

    9. Re:Illegal? by drinkypoo · · Score: 1

      I personally don't give a shit who I buy it from. If somebody has it at a price I'm willing to pay, I'll buy it. I don't see what the problem is in the first place. Scalpers aren't doing anything wrong, as far as I can tell.

      I agree, even though I find them annoying, Scalpers are just a market force. If there's a problem here, it's capitalism. If people don't like capitalism and the free market, they should just admit that. But that's what scalping is — it's a product, you sold the product, and now someone else is reselling it as is their right. Adding some bullshit T&C to the product is no substitute for due diligence, and if you want control over sales you're going to have to reintroduce a human element rather than letting computers handle commerce for you. If you don't want scalpers to be able to resell tickets, then don't sell tickets that scalpers can resell. Tie the tickets to an identity at the time of sale, and you will literally eliminate scalping. They don't actually want to do that, because they would sell less tickets, so they're going to wring their hands and cry about it instead, and pretend like they care. They don't. They're getting paid.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:Illegal? by Rinikusu · · Score: 1

      As a musician, I see a bunch of problems. If I have fans who can't come see my band because scalpers have driven the price of tickets so high that my fans can't come see my band, then that sucks for both me and my band, and the fan. The first because there's a good chance we (the band) set the initial price to make coming to our shows affordable for everyone and someone subverting that process in the name of MY MONEY MY PROFIT is a fucking asshole (because we could certainly work with the venue to jack up our prices to line our own pockets; which we choose not to do so we can be accessible). Two, because unsold tickets hurts everyone. The scalper gets to eat a loss (good, you fucking scumbag), but we, as the band, would rather play to a full room than one with a ton of empty seats, especially knowing there's a bunch of folks who wanted to be there but the scalpers fucked it up. If you go to shows on a regular basis, you'd know there's a feedback loop between fans and the band. There have been shows I've been to that weren't technical masterpieces, but the vibe between the stage and the fans on the floor added up to something amazing. Yes, from a strictly dollars standpoint; we sellout and we get our money. But from a long term view: "Yeah, the place was half empty and the room just lacked energy; I doubt I'll go seem them live again" can hurt the band, or give them an undeserved reputation.

      --
      If you were me, you'd be good lookin'. - six string samurai
    11. Re:Illegal? by Anonymous Coward · · Score: 0

      And it WILL work, so long as everyone (or the VAST majority) play along.

      I think I found where your plan went awry. ;)

  14. Reverse Auction by Macdude · · Score: 5, Insightful

    All the ticket sellers have to do is use reverse auction style ticket pricing. Start with (very) high prices when the tickets initially go on sale then drop the price on a day-by-day basis as the event gets closer.

    That way there is no practical way to buy low sell high.

    --
    "Grab them by the pussy" -- President of the United States of America
    1. Re:Reverse Auction by Anonymous Coward · · Score: 0

      good idea, and it could not be over-regulated.

      And in some countries it is illegal to resell tickets for cultural or sporting events at the price above face value (it also applies to silly costs of delivery of the ticket, eg. $100 ticket + $900 dispatch would be treated as resell of ticket for ~$1000)

    2. Re: Reverse Auction by GoodNewsJimDotCom · · Score: 1

      They'd make more money over all for each event too. Surprising they don't already do this.

    3. Re:Reverse Auction by wonkey_monkey · · Score: 1

      That way there is no practical way to buy low sell high.

      Isn't there?

      Don't scalpers make their money because they still have tickets to sell once the event is (directly) sold out? No-one buys from a scalper when there are still tickets available direct.

      If I buy 100 tickets at first-day prices under your scheme, what's to stop me still charging more than I paid for them to the people who've missed out now all the other tickets have been sold?

      --
      systemd is Roko's Basilisk.
    4. Re:Reverse Auction by suutar · · Score: 1

      Well, you have to make a profit. That means you have to sell higher than first-day prices. Unless they sold out at first day prices, then anyone who hasn't bought by the time the event sells out either just didn't know it was going on or wasn't willing to pay first-day prices. And the ones who weren't willing to pay first-day are unlikely to be willing to pay your prices which are higher, so your market is pretty much the folks who didn't know it was going on until it was already sold out.

      Now, if they do sell out at first-day prices, you have a bigger market, but that's a sign they underpriced. Next time they won't do that and you're back to case 1, where your profit is seriously hampered.

    5. Re:Reverse Auction by Firethorn · · Score: 1

      If I buy 100 tickets at first-day prices under your scheme, what's to stop me still charging more than I paid for them to the people who've missed out now all the other tickets have been sold?

      The fact that 99.999999% of potential attendees can't afford the tickets in the first place, much less your profit margin added on top?

      Now, you buying on the 3rd day when prices have dropped to, say, 25% of their original value, and you existing to sell tickets to people who decide to attend late, that makes sense.

      Which is why I prefer the 'dutch auction' approach for classes of seats. You put in a bid, perhaps a couple of 'fail over' bids where you're willing to pay more for better seats, but if not, here's what I'm willing to pay for the nose bleeds.

      That removes the time crunch. As a Scalper, you don't even know if you're going to get seats until the auction ends, and everybody had a chance to bid for their seats, so the price set is probably pretty close, and again, only leaves you with the customers who didn't remember to apply in time. To which I respond - hold back about 10% of the seats for late-comers. Now, you can buy those tickets, and hope there's enough 'come laters' willing to pay your increased margins, but it's risky, especially with my public 'sell any non-filled seats at fire sale prices once the pre-show starts' policy, which means that locals without travel costs are more likely to not pay your inflated rates in exchange for simply getting in a bit late. I have the feeling that these types are precisely the 'poor/young' crowd some bands want in their audience. They're even local!

      Finally, I don't have to remove ALL potential for profit, merely enough that it's more hassle than it's worth. As the mark-up they can sustain drops, their profitability does.

      I've seen scalpers hawking tickets for below face value because they over-guessed the price people would be willing to pay.

      --
      I don't read AC A human right
    6. Re:Reverse Auction by Solandri · · Score: 2
      You and the post below asking why this should be illegal are misunderstanding the problem. From TFA:

      This past August, tickets with a face price of $129 to a Billy Joel concert at the Nassau Coliseum sold out in five minutes, and then reappeared on resale sites where they were priced from $400 to as much as $8,000.

      The problem is the performer is deliberately under-pricing the tickets below market value, so that ordinary fans can afford them. When you do that, demand far outstrips supply and the tickets sell out almost immediately. The fans might only be able to get a ticket if they get lucky, but those who are lucky get to attend the concert they've always dreamed of at a reasonable price.

      The scalpers are using bots to scoop up all the tickets, then reselling them at market price, putting them far out of reach of ordinary fans. They performer is trying to be altruistic as a favor to fans, and scalpers are taking advantage of that to profit off the differential between the altruistic price and the market price. The ticket purchase agreement already says you can't resell them, it's just an incredibly difficult provision to enforce without seriously inconveniencing the buyer (see below).

      Legislation like this is an attempt to solve the problem in a non-intrusive manner. If it fails, the performers and venues can still pull the nuclear option - require you to show your ID at the event, and the ID has to match the person who bought the ticket. Just like when you buy airline tickets. The drawback being that people who legitimately can't attend (because of illness or emergencies) can't salvage their purchase price by giving the tickets to friends or relatives.

    7. Re:Reverse Auction by swb · · Score: 1

      I think the standard economics argument has always been that tickets are priced too low. People are clearly able and willing to pay much more than the face value for tickets.

      I would think that a reverse auction could implemented with a demand-driven pricing curve, starting out expensive and then dropping the price automatically as demand dropped.

      The question is -- why hasn't this been widely implemented already? Given that there are actual businesses that exist solely to resell tickets and that the venues/teams/artists don't collect any of that money, you would think somebody would have implemented this already.

      Although I have read the expected conspiracy theories that the artists/venues/teams actually collude with third party resellers by withholding tickets from general purchase to drive up demand and then slowly sell them to brokers to capitalize on demand. Not sure how true this is, but it wouldn't surprise me if concert tickets sometimes worked this way.

    8. Re:Reverse Auction by DarkTempes · · Score: 1

      Or they could require an ID and tie the ticket to a person's name at purchase time.
      Then maybe do a more relaxed automated refund system for people who can't make it (and add that seat back to the pool.)

      It definitely seems like a legal (non-)solution to a technical problem. Ticketmaster could also just use a better CAPTCHA...
      Sure, there are people in poor countries who could be (are?) paid to solve CAPTCHAs but that's not what a law that outlaws bots covers, is it?

    9. Re:Reverse Auction by Joe_Dragon · · Score: 2

      also the require you to show your ID at the event, and the ID has to match the person who bought the ticket with a limited transfer. Can lead to scalpers left holding the ball and the event goes empty Or just have people who end up with say a lot of tickets just so they don't get locked out so they have like 3-5 systems botted just in the hopes of getting it and they plan to sell the others to recoup the costs.

      Giving a full refund to overbuying does not really fix the issue.

      Getting rid of the buy rush does and can make it eraser on people who need to make travel plans.

    10. Re:Reverse Auction by known_coward_69 · · Score: 1

      so who is going to be dumb enough to buy tickets the day they go on sale? and being that music is a business, musicians want their tickets sold out as fast as possible to reduce the risks of putting on a concert

    11. Re:Reverse Auction by ranton · · Score: 1

      If it fails, the performers and venues can still pull the nuclear option - require you to show your ID at the event, and the ID has to match the person who bought the ticket.

      This problem is much easier to solve than this. Just make people sign up at the venue days before the tickets go on sale, and then use a lottery to pick who gets tickets. Then you can give some tickets to people who otherwise wouldn't be able to afford them, scalpers have very little chance to buy tickets in bulk, and buyers can still sell their tickets if they can't go.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
    12. Re: Reverse Auction by Anonymous Coward · · Score: 0

      You assume that Tivketmaster isn't in on the scalping game and trying to remove competition. Hint. Who owns StubHub...

    13. Re:Reverse Auction by Firethorn · · Score: 1

      Hardly anybody, but in reality rich rabid fans of the act. But yes, one problem I see with the system is that it would create a sort of mad rush breaking unpredictably as once people start buying, 'everybody' who was holding off rushes in.

      Personally, I think something like a month-long dutch auction would work better - log in anytime during the month, put in your bid - X Seats @Y each. At the end of the month, all the high bidders get their seats at the price bid by the lowest winner, or sometimes $1 over the highest losing bidder. Doesn't matter much.

      That way, any potential scalpers know that their targets(rich people willing to pay a lot for a ticket), had plenty of time to get a ticket from the official ticket seller. Their target market would then shift to the late-comers who weren't initially going to come, or found out about the concert too late. At the very least, it would reduce the market for the scalpers to the point that they're not doing things like buying the majority of concert tickets.

      --
      I don't read AC A human right
    14. Re:Reverse Auction by zippthorne · · Score: 2

      It's actually even easier than that. Just reserve some fraction of the tickets to sell at the door. It works for Apple...

      --
      Can you be Even More Awesome?!
    15. Re:Reverse Auction by Jiro · · Score: 1

      The question is -- why hasn't this been widely implemented already?

      Because groups that sell tickets to their performances aren't profit-maximizing capitalists. They don't want to maximize the profit at the cost of everything else.

    16. Re:Reverse Auction by swb · · Score: 2

      The problem (at least with concerts) is they'd be better off being profit-maximizing capitalists.

      Sure, they say they want to keep tickets affordable for fans, but they end up with an inflexible pricing model that keeps fans from being able to buy tickets because resellers flood ticketing systems with bots and then resell the tickets for prices high enough to make their own profit.

      If they used another pricing model, artists would be able to deter the arbitrage on face price versus market price, making more profit for the artist and mostly eliminating the profit from resellers by making the tickets unprofitable to resell in bulk.

    17. Re:Reverse Auction by Anonymous Coward · · Score: 0

      Don't scalpers make their money because they still have tickets to sell once the event is (directly) sold out? No-one buys from a scalper when there are still tickets available direct.

      this is exactly right. this is why the venue should reserve a certain number of tickets that can only be sold at the window during the day of the event and these tickets sold the day of the event should be non-transferable and the venue needs to enforce it.

      since there are still tickets available on the day of the event, then it cuts into the scalpers business and puts a cap on how many tickets they will be able to sell and how much they can charge for them. and i am sure most people would rather by the tickets directly from the venue instead of risking the scalper ripping them off by selling fake tickets..

      once those last minute tickets are sold out then the scalpers would be able to crank up their prices, however they won't be able to go through the volume they do now.

    18. Re:Reverse Auction by Anonymous Coward · · Score: 0

      if there are no tickets left then the scalpers could easily be selling double the first day price.

      some people will always wait until the last minute and then realize they missed their chance. and then others may not have heard about the concert until it was already too late. and another group that had previous plans that had conflicted with the event but then later were canceled and so they are now able to go but it is too late to buy tickets. All of these people really desperately want to go and are willing to pay nearly any price.

      These are the people are the scalper sells his tickets to..

  15. Re:Is this the sort of thing we need legislation f by Anonymous Coward · · Score: 0

    Why would you want to screw over your fans by selling all your tickets to scalpers?

  16. Re:Is this the sort of thing we need legislation f by bondsbw · · Score: 1

    Even if it's based on the policies of the seller, there is opportunity for law enforcement or the courts to get involved in order to protect the conditions of that particular sale. (If those conditions aren't enforced or cannot be, then they really don't exist.)

    But a blanket law? I'm with you, there's really not a need and this is really little different from any case where the seller is providing a limited number of goods/services for a cost that is lower than supply/demand would dictate.

    Which makes me ask, why don't they sell the tickets early for a very large cost which is reduced on a schedule until they are either sold out or until the event date? That would mostly get rid of such a market, as the bots would be buying tickets they may not be able to sell for any profit.

    --
    All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
  17. Re:Is this the sort of thing we need legislation f by radarskiy · · Score: 2

    Why would you want to screw over your fans by selling all your tickets to scalpers?

    Because you are actually running the scalping operation so that you can claim fraudulently low face value for the tickets.

  18. Here's the deal. by Anonymous Coward · · Score: 0

    Ticket master would charge these huge prices if they could but they have a near monopoly and know users, govt, and artists would rebel if they went to a supply/demand price like scalpers.

    So they are price limited. So scalpers are making profits they want. Not sure why they really care, since they sell out anyway. Maybe just tired of complaints from customers.

    Either way this is a non issue, fuck ticketmaster. Why do we as a nation care about issues with some middleman profiting off of purely discretionary spending on entertainment?

    1. Re: Here's the deal. by Anonymous Coward · · Score: 0

      I believe that Ticketmaster would live to have a market-maximizing price for tickets. The problem is that artists and fans flip out over this (because hey are all socialists at heart), and TM fears the government coming after their near-monopoly.

      Anyone could take over TM's market IF you could spend a billion to assure venue income like TM does and you figure out how to deal with the socialist artists.

  19. Re:It makes it not quite so impossible to fight ba by Anonymous Coward · · Score: 2, Insightful

    I don't understand why this is a problem for the ticket seller. Once the money for the tickets changes hands, who cares after that? Plus, what's wrong with reselling tickets? Right of first sale is something we see getting stomped on pretty darn often.

    I see the same thing happening at RV parks and hotels when a popular event comes to town. As soon as it is available, all spaces at the RV park get purchased.

    If ticket sellers want to do something, just raise prices. There will be a price point where the bot purchasers will be priced out of the market, and they will go away. Basic invisible hand economics.

  20. Target Scalper Sites (e.g. Ticketmaster) by Luthair · · Score: 1

    I don't think bots are the issue, eliminate the sites which allow scalpers to sell for more than face value. Unless something has changed Ticketmaster famously operated one and would redirect unsuspecting buyers to it.

    1. Re:Target Scalper Sites (e.g. Ticketmaster) by Anonymous Coward · · Score: 0

      I love scalpers. I trade off where I want to sit against what I want to pay. I prefer them to dealing with Ticket Bastard any day.

  21. Re:Is this the sort of thing we need legislation f by sjames · · Score: 1

    If you really wanted the sale to happen, you'd just sell a big block of tickets to the owner of the bot in a single transaction rather than having them beat up your server and pay extra costs for thousands of credit card transactions.

  22. Personalized tickets by Anonymous Coward · · Score: 0

    And a (high) commission to transfer the ticket. Look at how airlines sell tickets. Then if you want, put it in your ToS that hoarding tickets is not ok and ban the ones who buy lots and then transfer them.

    1. Re:Personalized tickets by Joe_Dragon · · Score: 1

      With an lottery system to fix issues with rush buy where you may people that 2+ people trying to buy from different ISP's / etc just to get in or for people who can't be online at the sale time to git there info in.

  23. Why are sellers not also targeted? by Anonymous Coward · · Score: 0

    Airlines for example, run algorithms to set the price as high as possible.

    1. Re:Why are sellers not also targeted? by Anonymous Coward · · Score: 0

      Because airlines for one thing, actually provide the service, and are the original source of the ticket. They set the price, and then you are welcome to buy a ticket or not. Scalpers buy as many tickets as possible, and then resell them at huge markups, having created artificial scarcity. Imagine if a businessman bought all the tickets on the flight you wanted to go on a vacation with, and offered to sell them to you for the low price of seven times what he paid, since it's sold out. Without mentioning of course, that it's sold out due to his actions and he actually holds a large pool of tickets. You'd want to bunch him in the face, and take legal action, yes? Well, airlines have prohibited this, and done pretty well.

      And even if the airlines are charging prices you think are unfair, at least it goes to people providing the service you paid for. Scalpers pocket the entire mark-up, and so you pay more, without the band, or the venue, getting nearly the same amount of money. They make a ton on something which adds no value.

  24. Re:Is this the sort of thing we need legislation f by mlts · · Score: 1

    The idea of a reverse auction is probably the best suggestion on how to cure the problem to date. Start out with prices 100 times as much as normal, and after a time have the ticket prices drop. The site could even allow people to place a bid and if the tickets are sold out for that area or tow, it would automatically purchase them for the buyer once the price dropped to what was asked.

    Whenever there are calls for legislation, this can become a very bad thing pretty quickly, if the problem cannot be solved any other way.

    For example, a RV park that has a limited amount of spaces can do a number of things. For example, a lottery that people put into for a few months before reservations start, which allow people to reserve a spot. Said lottery is weighted, giving a higher chance of someone getting a spot the more times they frequent the park. This not just brings more business, but also gives preference to frequent customers; a win/win.

    A lottery for tickets could also be done for a venue, with the above setup. The more time one frequents a place, the higher chance of them getting a nice spot come the big show. Heck, both the lottery and reverse auction could be combined where a frequent patron of a place can score their tickets at the normal price, while the rest go on sale at the higher prices, dropping as time goes on. Of course, someone can sell their ticket, but encouraging more people to visit a place, even if they do this, can be a good thing overall for a venue's health.

  25. Re:It makes it not quite so impossible to fight ba by Opportunist · · Score: 1

    Because they obviously could have charged more. That money could've been mine, dammit!

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  26. Re:Is this the sort of thing we need legislation f by Opportunist · · Score: 1

    Because I don't give a shit about the fans as long as I have sold out concerts? Duh?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  27. Legally owned tickets by Anonymous Coward · · Score: 0

    If a bot buying and selling tickets bothers you, then don't sell your tickets to a bot.

  28. Re:Is this the sort of thing we need legislation f by ShanghaiBill · · Score: 3, Insightful

    Why would you want to screw over your fans by selling all your tickets to scalpers?

    If you set your prices properly, there should be no margin for scalpers. Scalpers are a symptom of a market failure. Trying to fix the problem with legislation is doomed to failure. Laws should not be protecting dumb business practices.

  29. Re:It makes it not quite so impossible to fight ba by quetwo · · Score: 2

    What ends up happening is that if 3/4 the tickets are taken up by bots, and they only sell 1/2 their tickets you still have a venue that looks empty. Concessions are down, and the talent complains because the seats aren't filled.

  30. Re:It makes it not quite so impossible to fight ba by Anonymous Coward · · Score: 0

    If ticket sellers want to do something, just raise prices. There will be a price point where the bot purchasers will be priced out of the market, and they will go away. Basic invisible hand economics.

    But then you start pricing out more and more fans, and as a musician, I don't want that.

    That said, there's an easier way to handle this without getting the government involved. The venues just need to add a "tickets are non-transferable" clause to their tickets, and then enforce it.

  31. Re:Is this the sort of thing we need legislation f by Anonymous Coward · · Score: 0

    Yep. I know there's a video game event thing that always "sells out" instantly that no one I know attends. It "sells out" because scalpers buy up all the badges the instant they are on sale and then sell them for many times face value. (In fact, I know someone who does just this: stalks the selling website, buys as many as he can, and then eBays them at a huge markup.)

    The problem is that, rather than raise the cost so that it isn't cost-effective to do this, they insist on setting the low price. So attendance is abysmal but they always "sell out" of tickets, because the appearance of "selling out" is I guess more important to them than raising the price to what the market will actually bear.

  32. Made me think of Rick and Morty ... by fahrbot-bot · · Score: 1

    And this exchange from, "Raising Gazorpazorp" (Season 1, Episode 7):

    Rick: "Well obviously Summer, it appears the lower tier of this society is being manipulated through sex and advanced technology by a hidden ruling class. Sound familiar?"

    Summer: (*gasps*) "Ticketmaster."

    --
    It must have been something you assimilated. . . .
  33. Re:It makes it not quite so impossible to fight ba by Moof123 · · Score: 1

    Not all vendors want to be rapacious capitalists. Maximizing revenue is not always the single unitary objective, especially when it comes to artists. Many bands honestly want their die hard fans to come and enjoy the show at a fair price. By only charging $50 when they could have charged $200 and still sold out they know that some of their younger or at least less wealthy fans will be able to have a chance to come see. Bots negate this and put the rapacious capitalism back into place.

    I would prefer to see a lottery system where everyone puts in their real names and seating preferences for all party members and at the appointed times a computer algorithm doles out the tickets. Everyone has to show ID to get in, and tickets are only exchangeable at a live human ticket office with both parties present. Instead I find the current system to be such a sham that I have only gone to one concert in the last 10 years, and we bought the tickets through the legit ticket office, and Weird Al was just fantastic.

  34. Re: It makes it not quite so impossible to fight b by sycodon · · Score: 1

    You can split the diff. Use a technology that scans the credit card, confirms the "reservation", and then prints the tickets at the door. Now, only the original purchaser can attend with his party.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  35. Don't forget the conflict of interest by Firethorn · · Score: 2

    This might indeed be what's happening. Don't forget that Ticketmaster, the biggest online seller of tickets, also owns the biggest scalping site.

    Who's to say that they don't just sell large numbers of tickets directly to their subsidiary company?

    --
    I don't read AC A human right
    1. Re:Don't forget the conflict of interest by sjames · · Score: 1

      It wouldn't surprise me at all.

    2. Re:Don't forget the conflict of interest by thejynxed · · Score: 1

      Of course they do this, it's how they keep the damned thing afloat - it wouldn't work otherwise.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    3. Re:Don't forget the conflict of interest by jratcliffe · · Score: 2

      Remember, a big part of Ticketmaster's business model has always been acting as the designated "bad guy," to let talent pretend that they're all about the fans, it's those nasty Ticketmaster people who are screwing them over. For example, the vast majority of the "fees" that Ticketmaster imposes are actually paid right back to the band. It lets the band pretend that "we're only charging $50 for your ticket, it's Ticketmaster that's adding that extra $20."

  36. Re:It makes it not quite so impossible to fight ba by Firethorn · · Score: 2

    Because I'm fine with the capitalist system, I'm for holding 'dutch auctions'. IE a section of seating is sold by people putting in what they're *willing* to pay, then the system sells that lot of seats for the lowest winning bid price (IE if there's 1k bids on 100 seats, the 100th highest bidder sets the price over the 101st, and the #1 bidder is probably not paying anything near what he bid). Keep about 10% of the seats back to catch late-comers, as you hand out tickets early enough to make travel plans.

    Whether you charge ~10% more for the held back seats, because late-comers are willing to pay more on average, or keep the same price can be 'studied'.

    This leaves minimal room for scalpers, as the people willing to pay more got their seats.

    Step 2, to help ensure a full concert and get some of their poorer/younger fans in, well, these aren't the types who would be traveling anyways.
    So:
    1. Hand out tickets as prizes in radio competitions and such.
    2. Sell any remaining 10% tickets, back at their original prices, at the door.
    3. Advertise that once the pre-show starts, all *pre-existing* tickets are now invalid and sell any unclaimed spots at reduced fire sale prices(actual percentage starting at 90% and decreasing). You'll be nice and re-assign anybody who shows up with a ticket an open spot if their original one was resold, in case of late arrivals. The important part is that there's no profit margin for buying from a scalper, and margins for profit for them are minimal - rather than being able to raise rates, there's a good chance that they'd be stuck with an unsellable ticket, that the attraction can effectively sell again.

    --
    I don't read AC A human right
  37. Disappointing headline by Anonymous Coward · · Score: 0

    When I saw the story headline about congress taking a stand against ticket bots, I thought "Hurrah! Finally, somebody with some oomph taking a stand against red light cameras". Imagine my disappointment when it turned out it was just a story about scalpers.

  38. Re:It makes it not quite so impossible to fight ba by ShanghaiBill · · Score: 4, Insightful

    The solution is a reverse auction. You set a high initial price, say, 30 days before the event. Some people will pay that price, because they want to be sure to get a seat. Then you lower the price by a few percent each day. If sales are lagging, you lower the price faster. If sales are ahead of predictions, you lower the price more slowly. Frugal people may wait, to get a lower price, but then they run the risk of getting nothing. You end up with no empty seats (unless people are unwilling to attend at any price), everyone pays what they think it is worth, and, since there is no margin for scalpers, all the money goes to support the venue and the performers.

    Or we could just pass a law, raise taxes, and hire more police.

  39. Re:Is this the sort of thing we need legislation f by Anonymous Coward · · Score: 0

    Because theres no such thing as individual ticket sellers.

    Theres ticketmonster and.... nothing else.

  40. Re:It makes it not quite so impossible to fight ba by JustAnotherOldGuy · · Score: 2

    By only charging $50 when they could have charged $200 and still sold out they know that some of their younger or at least less wealthy fans will be able to have a chance to come see. Bots negate this and put the rapacious capitalism back into place

    Exactly. The people doing this are the ones ruining it for everyone else.

    What the bots (read: the people running the bots) do is not much different than a schoolyard bully elbowing his way into the lunch line ahead of you to grab the last couple of desserts that you wanted, and then offering to sell them to you at an inflated price.

    Is it legal? Mmmmmm...maybe. Possibly. The fact is that I'm not really sure whether or not it's legal...but I know it's wrong in the greater scheme of things.

    --
    Just cruising through this digital world at 33 1/3 rpm...
  41. this is actually a good first step by v1 · · Score: 1

    There are three problems here all working at once:
    1. it's legal (marginally)
    2. its very profitable
    3. it's difficult to catch
    4. although the public hates it, most of them continue to facillitate it anyway

    You won't see any serious progress until you scratch off at least two items off that list. Honestly, #4 isn't likely to go away ever simply because as another poster roughly put it, there are enough stupid or fanatical people out there to keep them in business even if you try to "vote with your wallet". It just doesn't work in a limited edition, fan-based market. If the scalpers can manage to sell even just half the tickets they bought, for four times the price they paid, they're totally ok with that.

    So going after #1 is currently the "low hanging fruit" and is the logical first step, to get the law's assistance. As the number of problems get taken care of, the remaining problems become a much more powerful point of leverage. So despite all the people grousing about how "this doesn't solve the problem!", yeah, we know that. But you've got to start somewhere, there is no one-step miracle cure.

    --
    I work for the Department of Redundancy Department.
  42. Next new way to get sent to PMITA prison... by Anonymous Coward · · Score: 0

    ...using auction sniping programs on Ebay. After that, using aimbots in counterstrike. You heard it here first.

    1. Re:Next new way to get sent to PMITA prison... by Anonymous Coward · · Score: 0

      Go big like vote rigging software.

  43. Re: It makes it not quite so impossible to fight b by Bobb+Sledd · · Score: 4, Interesting

    That's the dumbest idea I've ever heard, and I get to weigh in because I'm a gigging musician as well.

    If a family member can't get all the tickets for their group, then that really sucks ass.

    Secondly, if the venue looks empty, then that's because the scalper couldn't sell all the tickets in the first place, which means the venue actually sold more than they would have anyway, so they have little to complain about.

    I don't think you SHOULD have any legal say about what I do with my tickets I purchase; they're mine. This sets an AWFUL precedent.

    --
    "They said I probly shouldn't fly with just one eye," "I am Bender. Please insert girder."
  44. Finally, congress will save us. by BenBoy · · Score: 1, Insightful

    I mean, it's really a shame about gun-related deaths, traffic deaths that outnumber even those, crumbling infrastructure that makes us look closer to third-world every day, and higher infant mortality numbers than seen anywhere else in the western world, but at least they've taken a firm hand on ticket scalpers. It's like the f-ing cavalry showing up in the nick of time to save us. Thanks, really! Signed, America

  45. Re:It makes it not quite so impossible to fight ba by sumdumass · · Score: 1

    How exactly would that work? I mean i usually buy 5or6 tickets so we can all sit together. The people going to the concert with me pay me back. There has been a time or two that i couldn't go and gave my ticket to someone else too. Once was a funeral and the other was some inservice meeting at work called up by corporate a week before and attendance was mandatory.

    So how would that work? Or do you think it should be a thing of the past?

  46. Scalping? by Anonymous Coward · · Score: 0

    I'm surprised no-one uses the well-known word for describing the practice: "Scalping".

    Buying up a restricted supply of anything in the hopes of doing *this*:
            - sell (a ticket) for a popular event at a price higher than the official one.

    They miss the point though - using automation to buy up tickets isn't illegal. The part that is unfair is the reselling at extortionate prices that defines the scalping activity. What if I want to buy lots of tickets for a party?

    "Gateways" - Doing something that can lead to an illegal act:
    e.g. Purchasing a firearm can lead to shooting and murdering people. We don't do this because murder is illegal. The law is applied at the point of the illegal activity.

    "Cramming/Spamming" - Doing something quickly in the hopes of frustrating or misleading others:
    e.g. High-Frequency Trading; which is perfectly legal when the banks do it. Law doesn't prevent this and shouldn't prevent this.

    You can't win the argument for this new law whichever way you look at it. Scalping is already illegal but it happens anyway. Adding new laws won't make the enforcement magically happen.

    Also:
    No. "It helps to shine a light on a problem,".
    Laws aren't meant to shine lights on problems. Laws are meant to declare behaviors that are illegal. The problem is some politico-head is looking at laws as being some form of elastic society-control. You push the law button and the society changes accordingly. Just like you change the interest rate and the financial system changes accordingly. At the bottom of this process is a bunch of people in jail or broke (also accordingly). That light you're shining on the problem is a Maglite - the cop can also spin it around and beat you over the head with it.

    Newsflash: The cops aren't going where all the lights are shining, they seem to be going where the money is:
    https://www.aclu.org/issues/criminal-law-reform/reforming-police-practices/asset-forfeiture-abuse

    1. Re:Scalping? by Applehu+Akbar · · Score: 1

      Here in Arizona, reselling event tickets is perfectly legal. And resellers never consistently make money on speculative purchase and resale. In the long run brokers make their money on commissions.

    2. Re:Scalping? by jratcliffe · · Score: 1

      Why do you create an artificial distinction between purchase and commission?

      If a ticket broker buys a ticket for $100, he's betting that he'll be able to sell it for enough >$100 to cover his costs and make a profit. Whether he calls that "commission" or "markup," it's all the same thing. Ticket brokers (and by that I mean people who actual own inventory, not a site like Stubhub) make their money buying tickets and then reselling them, capturing the spread.

    3. Re:Scalping? by Applehu+Akbar · · Score: 1

      Capturing a small spread is the same thing, market-wise, as charging a percentage commission. The broker is charging for a convenience, rather than speculating on being able to sell out whole venues at a cushy markup. The Arizona ticket market is living proof that your "twirly-mustached speculators will buy up all the tickets and charge us a fortune" scenario just doesn't happen. In other states, ticket resale is called "scalping" to make it sound nefarious, creating legal cover to ban it. Like those medallion taxi systems, this is just a way of making a statutory monopoly sound like public service.

      What we really wish for here is that we had the jurisdiction to apply this principle to airline tickets. If we simply made all those nonrefundable tickets transferable, airlines wouldn't have to judge tales of woe about medical problems, and sales could still be final. If you couldn't use a ticket for any reason, you could give to a relative or sell it on eBay.

    4. Re:Scalping? by jratcliffe · · Score: 1

      Capturing a small spread is the same thing, market-wise, as charging a percentage commission. The broker is charging for a convenience, rather than speculating on being able to sell out whole venues at a cushy markup.

      The broker is still taking a risk by buying tickets at face, and expecting to be able to sell them at more than face. This isn't a situation where you match up a buyer and a seller and take a percentage (like StubHub, or Ebay). The broker actually owns inventory.

      The Arizona ticket market is living proof that your "twirly-mustached speculators will buy up all the tickets and charge us a fortune" scenario just doesn't happen.

      Pretty sure I never referred to anybody in anything like those terms. Also, ticket brokering/reselling is totally legal in large swathes of the country, not just Arizona, and I fundamentally am firmly in favor of it. If acts decide to underprice their tickets, they're of course free to do so, but that will naturally create a secondary market.

      What we really wish for here is that we had the jurisdiction to apply this principle to airline tickets. If we simply made all those nonrefundable tickets transferable, airlines wouldn't have to judge tales of woe about medical problems, and sales could still be final. If you couldn't use a ticket for any reason, you could give to a relative or sell it on eBay.

      Airlines are free to offer this, but aren't required to do so, just as venues aren't required to honor tickets that have been resold. A venue could easily state that tickets are only usable by the person who purchased them, and ID will be required at the door. They don't, for a number of reasons, but there's nothing saying they couldn't.

  47. Misread as... by EdwardFurlong · · Score: 1
    tickle bots...

    as for the ticket bots... I don't really care, and a federal law is going a little far... let the companies figure out how to stop it if they really want to. Have you seen the crazy fees ticketmaster charges? I would rather something be done about that if anything.

  48. Re: It makes it not quite so impossible to fight b by Bobb+Sledd · · Score: 1

    It also leaves little room for large groups like families to buy a lot of tickets early at a sane price. I say let the free market decide. If scalpers are buying up all the tickets, it was priced too low, and if the scalpers couldn't sell all the tickets, then frankly the show wouldn't have sold them either, and did sell more because of the scalpers, so the venue has little to complain about.

    --
    "They said I probly shouldn't fly with just one eye," "I am Bender. Please insert girder."
  49. Make tickets non tranferrable by 140Mandak262Jamuna · · Score: 1

    At the time of booking you need to declare the name of the purchaser. And show ID at the time of usage. Indian Railways uses such a system. (Only one member of the party who booked the tickets has to show the id.)

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:Make tickets non tranferrable by EdwardFurlong · · Score: 1

      Seems easier than making a federal law. They do this with the college football team, students were selling their tickets so they made them non transferable / have to show id. They probably know what is going to sell out real quick, they could just have the restriction on those tickets. Other steps I can think of, come up with a way to only allow pre-verified uses to purchase, possibly have a lottery with all the pre-verified users, select a random number and give them 24 hours with the option of buying. It might be seen as more fair and give them a chance to weed out bots. It really can't be that difficult to figure something out.

  50. Re: Is this the sort of thing we need legislation by Bobb+Sledd · · Score: 1

    EXACTLY.

    --
    "They said I probly shouldn't fly with just one eye," "I am Bender. Please insert girder."
  51. Re: Is this the sort of thing we need legislation by Bobb+Sledd · · Score: 1

    Because then large groups like families could never afford to get tickets together early. That's not better.

    --
    "They said I probly shouldn't fly with just one eye," "I am Bender. Please insert girder."
  52. a ticket lottery fixes a lot of isses for high dem by Joe_Dragon · · Score: 1

    a ticket lottery fixes a lot of issues for high demand evens and cuts down on ticket scalping.

    One issues with a rush to buy is when you have 2-3 people buying tickets for one person as you can end up with one person being the intended user getting 2-3 tickets under there name that can be some events must be under each persons name or at other events max X people under one name.

    Let's say someone thinks they may not be able to make the time so they ask some to or even some try's to gift one with out telling that person. And it trun that the person is free to go on line and to try buy tickets.

    Ticket lottery system also makes it more fair across times zones.

    It can also reduce errors with web sites / systems being over loaded that in some cases lead to stuck sessions / double billing / lost tickets where you some who got billed but did not get a ticket. / Where you got billed but some how the other part system put you into wait list (do not have a ticket but can get one if people drop out)

  53. Re:Is this the sort of thing we need legislation f by mysidia · · Score: 1

    If they want to fix it, they should restrict transfers on tickets --- make tickets only refundable. NOT transferrable unless are still at least N tickets available for sale at the time the transfer is requested; once all the tickets are sold out, no transfer of a ticket to a different owner.

    Also, within 5 days of ticket purchase, you should be required to register the legal name of each person who will be attending, and/or visit a ticket kiosk to have a picture taken and recorded with the ticket.

    Any attempt will be refused for admission to the event using the ticket by a person that ticket was not registered to.

    By disallowing transfers, and only allowing refunds (Refunded tickets can then be resold by the event administration company); they cannot be scalped in the first place.

    If you set your prices properly, there should be no margin for scalpers.

    There is typically guaranteed to eventually be more demand for tickets than available seats, for a popular event. Organizers want their fans to attend their event; setting an extortionate price would generate ill will. Instead, they choose to use TIME to decide who gets in ----- Whoever pays first, gets their tickets. Unfortunately, this doesn't account for scalpers who have significant motivation to rush to the head of the line and commit resources to hogging tickets.

    Also, Except when scalpers manage to buy up all the tickets, then they are essentially manipulating the market by buying tickets that other people want and expecting to resell them.

  54. Easy to fix by manu0601 · · Score: 1

    That problem seems easy to fix: make prices decreasing exponentially in time. That way there is no profit to be made by being the first buyer.

  55. Re:It makes it not quite so impossible to fight ba by Grishnakh · · Score: 3, Insightful

    What the bots (read: the people running the bots) do is not much different than a schoolyard bully elbowing his way into the lunch line ahead of you to grab the last couple of desserts that you wanted, and then offering to sell them to you at an inflated price.

    I disagree, that's a bad analogy. It's more like the schoolyard bully getting to the line before you (without any elbowing or bad behavior at all, but maybe he can run faster), grabbing up all the desserts, and selling them to you at an inflated price. You should have gotten to the line faster.

    The only argument I've found against this practice that really holds water is the idea that the performers want to keep tickets affordable so all their fans have a fair chance to attend, instead of jacking up the prices so only the wealthy fans can.

  56. Re: Is this the sort of thing we need legislation by bondsbw · · Score: 1

    I don't see how that's any worse though. In this system the venue sells the tickets to whoever pays the most. Bots buy all the tickets and sell them to whoever pays the most. The only difference is who gets those profits, the venue or the bots.

    But this system could be improved even more than bots. If the venue feels it is important to make it accessible to groups, they can prioritize group seating, e.g. every other row is reserved for groups larger than X. Those rows may discount faster because they probably won't sell as fast. Eventually the rows for groups smaller than X will be sold out and the others will slowly open up.

    --
    All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
  57. Re:It makes it not quite so impossible to fight ba by JustAnotherOldGuy · · Score: 3, Insightful

    I disagree, that's a bad analogy. It's more like the schoolyard bully getting to the line before you (without any elbowing or bad behavior at all, but maybe he can run faster), grabbing up all the desserts, and selling them to you at an inflated price. You should have gotten to the line faster.

    But that's just it...you can be in line before them, and their massive, tidal-wave hammering of the site with their botnet means you still lose out.

    Saying, "You should have gotten to the line faster" is like saying "You should have bought those tickets before anyone else could", or possibly, "You should have run your own botnet to make sure you had a fighting chance."

    --
    Just cruising through this digital world at 33 1/3 rpm...
  58. Re:Is this the sort of thing we need legislation f by gumbi+west · · Score: 1

    I haven't worked out the math, but this would be my scenario. Pretend people like to go to events at big full venues (this is how I enjoy sports events, sold out). Then the profit maximizing ticket sales will not fill the stadium because further restricting supply at a higher price will increase profit. So the scalper can come in, buy all the tickets, and then sell the profit maximizing price and quantity. The only problem is that the owner wanted to make a little less money per game/show and make it a good experience. Once the word gets out that the park is often empty, the value of the tickets go down. The bot owner can then move on. The owner is stuck holding the bag trying to convince people that demand that WAS there is still there...

  59. Re: It makes it not quite so impossible to fight b by Firethorn · · Score: 1

    Are you talking about my proposal, or the current situation?

    Under my proposal, if you want 14 connected seats, pick a big enough seating area and put your bid in. Either you get all 14 seats or you get none, but at least you know that everybody that got seats paid more than you.

    The case situation where the lowest winning bidder wanted 14 seats when only 10 were available can be handled by flexing the 10% 'held for a later time' margin a bit. Either you increase it and the people wanting to buy the seats don't get them(but you get to charge everybody else a bit more), or they get them and you don't have quite as many seats left for late buyers.

    --
    I don't read AC A human right
  60. Re: It makes it not quite so impossible to fight b by Anonymous Coward · · Score: 2, Insightful

    You can split the diff. Use a technology that scans the credit card, confirms the "reservation", and then prints the tickets at the door. Now, only the original purchaser can attend with his party.

    This is wrong because you don't want to punish people who's plans for that weekend were changed by circumstance. I've had vacation plans ruined before because of a serious illness in one of the people involved. Locking the ticket to a CC number means that the original owners can't even GIVE the tickets away for free. Most concerts and such do not allow you to cancel reservations after a certain date. It would be better to give the FBI something legitimate to do for once and have them locate and prosecute all the bot owners.

  61. I don't believe this is a real problem by Applehu+Akbar · · Score: 1

    When anyone, flesh or otherwise, buys up large numbers of event tickets in hopes of reselling at a profit, he is second-guessing the event operator. In the long run, this is a very risky way to make a living because sports and concert promoters know their business and have spent years getting good at judging what their markets will bear. If ticket resellers consistently made money on speculative purchase of tickets, rather than on resale fees and commissions, the event operators are just as consistently underpricing their events.

    In the real world, this just doesn't happen. A speculator might make one or two killings, but eventually he always gets wiped out.

    1. Re:I don't believe this is a real problem by Antique+Geekmeister · · Score: 1

      In the real world, this happens all the time. Spectators are willing to pay a premium for last-minute tickets. And they don't have to make a _lot_ of money, nor do they have to be consistently profitable. Much like spammers, they only have to _believe_ that they will make money. And like most spammers, and much like the original "Cyberpromo" business by Sanford Wallace, and Canter & Siegel's original spamming business, they can cause a great deal of damage to legitimate businesses before they fall.

    2. Re:I don't believe this is a real problem by jratcliffe · · Score: 1

      If ticket resellers consistently made money on speculative purchase of tickets, rather than on resale fees and commissions, the event operators are just as consistently underpricing their events.

      In the real world, this just doesn't happen.

      That's exactly what does happen. Bands don't want to be seen as "gouging" their "real fans," so they set artificially low ticket prices, well below what people are actually willing to pay, creating an opportunity for scalpers.

  62. Re:Is this the sort of thing we need legislation f by schnell · · Score: 1

    The idea of a reverse auction is probably the best suggestion on how to cure the problem to date. Start out with prices 100 times as much as normal, and after a time have the ticket prices drop. The site could even allow people to place a bid and if the tickets are sold out for that area or tow, it would automatically purchase them for the buyer once the price dropped to what was asked.

    On one hand, as a business person, I agree with you 100%. This is absolutely the most rational way to squeeze scalpers out of the market and maximize profit for the musician/event/whatever performer. If these people were economically rational, this unquestionably should be how all tickets are sold.

    On the other hand, I think we are generally pretty aware that rock musicians et. al. are remarkably stupid when it comes to money. I had always wondered why these people were clearly cheating themselves out of profit by pricing tickets the way they do, and my question was answered by an episode of NPR's Planet Money podcast. It turns out that the answer is altruism - of a sort - on the part of the "artists."

    Most rock musicians apparently hate the idea that only rich fans will be able to go to their concerts - which would likely be the result in a reverse-auction scenario. Instead, they prefer to keep ticket prices low in a (possibly naive?) attempt to ensure that their concert tickets are accessible to all their fans. They are willing to sacrifice the revenue they, by any economic theory, should be collecting by offering tickets in a market-based environment, in order to gamble that some average fans will be able to beat the scalpers and buy tickets at a low face value. Musicians also seem to be particularly worried about the perception that their events are only available to the rich (because of high face value prices), although in practice this is mainly what happens because of scalping.

    Interestingly, they noted that Kid Rock - who I would never have picked out of a lineup for intelligence - was actually taking some steps towards defeating scalpers while maintaining low ticket prices by offering certain tickets only to members of his fan club through a lottery. So some musicians at least are taking steps to deter the scalpers... although not the obviously economically rational one that you pointed out above.

    --
    "95% of all Slashdot .sig quotes are incorrect or completely fabricated." -Benjamin Franklin
  63. Re: Is this the sort of thing we need legislation by whimmel · · Score: 1

    So flavorous, eventbrite, and wanttickets don't exist?

    --
    Does the name Pavlov ring a bell?
  64. Re: It makes it not quite so impossible to fight b by Jiro · · Score: 3, Informative

    I don't think you SHOULD have any legal say about what I do with my tickets I purchase; they're mine

    That would apply if you're just hanging the ticket on your wall as a small expensive painting.

    If you're using the ticket to gain admission to a venue, the venue isn't yours. You don't own the venue, and the owner of the venue can let in anyone he wants to let in. If he only wants to let in people who purchased tickets without reselling them, that's his prerogative. He has no obligation to let you in just because you bought a ticket from someone else.

  65. Re:It makes it not quite so impossible to fight ba by Jiro · · Score: 0

    That's not necessarily a capitalist system. The ticket is permission from the property owner to enter. The property owner can give permission anyone he chooses since after all it is his property.

    Selling the ticket is only capitalism to the extent that it doesn't force anything on the property owner. In other words, selling the ticket is itself capitalist, but using the ticket as a credential is not--if you buy a ticket and use it as a credential, the property owner doesn't need to let you in. The owner can't keep you from hanging it on your wall or putting it in a museum, of course.

    It's like getting invited to a party and trying to sell the party invitation. If someone is a party invitation collector, he's free to buy it--just not to use it to get into the party, which he still doesn't own.

  66. Re:Is this the sort of thing we need legislation f by SuricouRaven · · Score: 2

    In any other market, the practice of scalping is known as "arbitrage" and is generally regarded as a good thing.

  67. Re:It makes it not quite so impossible to fight ba by Anonymous Coward · · Score: 0

    Possession of stolen properly is only a crime if a reasonable person would have a belief that the property is stolen.

  68. Re:Is this the sort of thing we need legislation f by Anonymous Coward · · Score: 0

    They let me buy shares and then resell them. All told, I don't see much of a difference. If an artist makes 100 prints, I can buy them all and resell them. I don't see much of a difference.

  69. I love these bots.... by Anonymous Coward · · Score: 0

    More often then not, the ticketmasters decide to sell their tickets on a friday or saturday at 09:00. That's when I'm at work. So for me to get a ticket, I'd have to take half the day off and still not be sure to actually get the ticket or use the services of the resellers.

    It's kind of crazy that the window in which you can buy tickets is often just 5 minutes, and if you have a job you're out of luck.

  70. Re:It makes it not quite so impossible to fight ba by Anonymous Coward · · Score: 1

    Thirty days before the event you offer tickets for $500, each day the price for remaining tickets goes down about 10%. A few early purchasers are hard core fans, desperate to see the event. Most are just the idle rich, buying a ticket in case they choose to attend, if they can't make it they'll just throw the ticket away, no matter.

    About 10 days before the event, with only a few dozen tickets sold so far, scalpers buy up all the remaining tickets for $67

    A week before the event, Bob discovers your event. Bob really wants to see the event.

    "Too bad", you tell Bob, "if you really wanted to see it you needed to pay $500 three weeks ago". "But I didn't know then".

    Bob pays a scalper $250 for a ticket. He's really glad he got to see it. Shame it was so empty though, kind of destroyed the atmosphere. The scalper made an overall profit of $8000 on your event selling tickets for $250 to about a third of the audience, and throwing away the remaining two thirds. You give up and go get a job selling useless "investments" to old people too confused to argue.

  71. Wrong purchase to legislate` by Antique+Geekmeister · · Score: 1

    > define the use of bots to buy tickets as an 'unfair and deceptive practice'

    If they would eliminate the purchase of _stock_ with bots, It would help stabilize our economy. High speed trading has all but eliminated the possibility of profit for small traders. Also, the extremely tight coupling of instant sale and purchase must _inevitably_ cause positive feedback loops. That is not because any one high frequency trader's algorithms lack negative feedback, but because if the phase lag between two high speeds is at all significant, they will eventually get roughly 180 degrees out of phase and form positive feedback loops. There is a reasonable article about it, in understandable English, at http://www.surlytrader.com/the...,

  72. Re:Is this the sort of thing we need legislation f by The-Ixian · · Score: 1

    There is a huge problem with this which is that groups of people want to be able to sit together.

    The only way to guarantee that all of you group can sit together is to allow a single purchaser to get X number of seats in a single transaction.

    Not being able to sit with your friends is a deal breaker for most people, even if you love the performer.

    --
    My eyes reflect the stars and a smile lights up my face.
  73. Re:Is this the sort of thing we need legislation f by The-Ixian · · Score: 1

    What if you happen to have the disposable income to buy a ticket at the full price, but your best friend does not and you both wish to sit together?

    You either will have to subsidize your friend and eat the difference yourself or wait until the tickets reach a price that both you and your friend can both afford.

    Now, how likely do you think it would be that both people just choose not to attend the show based on the negative feelings of unfairness over the situation? I think it is a non zero percent chance...

    --
    My eyes reflect the stars and a smile lights up my face.
  74. Re:Is this the sort of thing we need... by JesseMcDonald · · Score: 1

    Most rock musicians apparently hate the idea that only rich fans will be able to go to their concerts - which would likely be the result in a reverse-auction scenario. Instead, they prefer to keep ticket prices low in a (possibly naive?) attempt to ensure that their concert tickets are accessible to all their fans.

    And there's nothing wrong with that, but if they really wanted to beat the "scalpers" and ensure that their tickets go to the "right" people, they should require photo ID to use the tickets, and make them non-transferable. That wouldn't technically prevent bots from buying tickets, but it would make the tickets useless to them, since a ticket originally issued to John Q. Bot couldn't be used by anyone else.

    If someone has a schedule conflict or changes their mind about attending, they can just cancel their ticket(s) for a refund (full or partial) from the original issuer.

    A lottery system is another good idea to level the playing field, so long as the tickets are awarded in reasonable-sized groups, to avoid splitting up families and friends who want to attend the event together.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  75. Re:Is this the sort of thing we need legislation f by JesseMcDonald · · Score: 1

    There is a huge problem with this which is that groups of people want to be able to sit together.

    There is no reason why you wouldn't be able to buy groups of tickets. You would just need to know the names of everyone in your group so that they can get personalized tickets matching their photo IDs. If anyone later chooses not to attend they can get a refund for just that one ticket, and perhaps transfer their seat to someone else in the same group to keep the group together.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  76. Re:Is this the sort of thing we need... by JesseMcDonald · · Score: 1

    Selling to the highest bidder is the economically optimal arrangement for distributing goods, all else being equal, but it's not unreasonable for a performer to have a particular audience in mind which may not equate to those who would be able to pay the highest prices for tickets. The venue has the right to decide who they let in to their property, but rather than countering "scalpers" with legislation, the way to implement this is to take steps to ensure that tickets are non-transferable.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  77. Re: It makes it not quite so impossible to fight b by JesseMcDonald · · Score: 1

    Locking the ticket to a CC number means that the original owners can't even GIVE the tickets away for free. Most concerts and such do not allow you to cancel reservations after a certain date.

    So make that part of the policy: you can always return your ticket to the issuer for a (time-discounted) refund. The issuer can then resell those tickets, or give them away in a lottery—whatever makes sense for that particular show.

    They could even make the tickets transferable through the issuer, knowing that your ID and credit card were only used to purchase a small number of tickets. Repeated abuse would be countered by a loss of transfer privileges.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  78. Re:Is this the sort of thing we need legislation f by The-Ixian · · Score: 1

    What about companies or other entities who want to purchase a bunch of tickets to raffle off or hand out as prizes?

    Sitting together is no longer as much of a concern perhaps, but you don't know who would end up getting the ticket.

    Would this practice have to become illegal too?

    --
    My eyes reflect the stars and a smile lights up my face.
  79. Re:It makes it not quite so impossible to fight ba by Anonymous Coward · · Score: 0

    The solution is a reverse auction. You set a high initial price, say, 30 days before the event. Some people will pay that price, because they want to be sure to get a seat. Then you lower the price by a few percent each day.

    So the scalpers just buy everything at the high price instantly and still resell them at a higher price. How does a reverse auction prevent that?

  80. Re:Is this the sort of thing we need legislation f by JesseMcDonald · · Score: 1

    That would be up to the venue. They could make exceptions for vetted organizations, or issue a limited number of one-time transferable tickets (probably at higher prices). If it's for a company event they could issue tickets usable only by employees of that company. Any such arrangements would be under contract between the issuer and the other organization, and not open to the general public.

    Or they could just say that you have to do your raffles/prizes with vouchers and buy the actual tickets after you know who wins. Of course, in that case they might run out of tickets before you get around to buying them, so you'd better have a backup plan. They have no obligation to support alternative means of distributing tickets. They may be OK with handing out tickets as prizes, or the may want to maintain control over distribution themselves.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  81. CAPTCHA by Anonymous Coward · · Score: 0

    Am I missing something? Use a complex CAPTCHA. Isn't this how you normally deal with bots on a website? Why should the government get to decide how I purchase tickets if I use my legaly obtained currency.

  82. Re:It makes it not quite so impossible to fight ba by ShanghaiBill · · Score: 1

    So the scalpers just buy everything at the high price instantly and still resell them at a higher price. How does a reverse auction prevent that?

    Because if the scalpers were really able to sell them for a higher price, then your initial price was too low.

  83. Re:Is this the sort of thing we need legislation f by mysidia · · Score: 1

    What about companies or other entities who want to purchase a bunch of tickets to raffle off or hand out as prizes?

    The organizers might say that this is not allowed, especially if the event has already sold out. Those companies or other entities could just pick another prize besides tickets, or the organizer might decide that X number of tickets are allowed to be sold for use with verified raffles/prize events.

    I suppose the company that wants to do a raffle goes through a process of paying to reserve the tickets for non-profit raffle/redistribution, which requires declaring the date of the raffle, paying for the reservation on the tickets, then having notarized, a "No-resale " contract and applying for an extension/exception on the requirement to register, providing they promise to supply the registration information electronically, on the date of the raffle.

    If they're a community or church org, then the applicant also shows proof of their non-profit status. If they're a publication, TV channel, or radio station, they show proof through their press credentials. If they're another kind of corporate entity, then they show proof of their incorporation, including description of their business, and prove/confirm/verify they are not a holding company, or small shell company, they are well-capitalized/have significant financial resources, and are an actual company providing a good or service to the public, the kind of business they are in has no remote relation to arbitrage, financial instruments, or ticket reselling, etc, etc.

  84. Re:Is this the sort of thing we need legislation f by mysidia · · Score: 1

    If they allow you to reserve tickets for 5 days, before completely claiming and registering the ticket to set the attendee in stone, then you can still buy tickets and hold your raffle, as long as the event is not sold out. and you hold your raffle promptly. You just have the winner register the tickets, still within the initial delay period.

    If you miss the 5 day cutoff, then you pay an extra $100 for a X day extension, or the tickets get auto-refunded minus an administrative charge; either way, you can still work out ONE transfer by having them not registered at first and the initial registration after buying/reserving them be to the intended recipient.

    * the concept doesn't work so well for announcing raffle prizes a month before doing the raffle.

  85. Re:Is this the sort of thing we need legislation f by Anonymous Coward · · Score: 0

    In any other market, the practice of scalping is known as "arbitrage" and is generally regarded as a good thing.

    It's a good thing here. The only people really upset about this is Ticketmaster. They have had the law changed multiple times and they still aren't getting as big a cut of this market as they want to. Anytime someone other than Ticketmaster finds a way to profit, Ticketmaster runs to congress.