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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.

30 of 150 comments (clear)

  1. 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

  2. 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?

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  3. 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?

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  4. 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 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."
  5. Re:At least by LinuxIsGarbage · · Score: 3, Insightful

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

  6. 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.

    --
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    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 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.

  7. 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 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.

    2. 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.

    3. 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?!
    4. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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 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."

  13. 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
  14. 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.

  15. 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...
  16. 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."
  17. 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.

  18. 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...
  19. 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.

  20. 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.

  21. 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.

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

    Or bots doing microtransactions on Wall Street.

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