A federal court in Australia ruled on Monday that eBay can broker tickets for concerts and other events in more than face value. The verdict is another blow for events promoters in the world, the Crusades against Ticket Scalping, including in relation to legislation and Court decisions are increasingly support from strict penalties for scalp.
The concert promoter in the action, Creative Festival Entertainment, the organizer behind Australia's Big Day Out concert series. In an attempt to thwart scalp, Creative checked each ticket with a cancellation policy that if the ticket has been resold above face value, the ticket is not honored at the event. In the justification for the provision, the Big Day Out producer Ken West, that brokers were harvest "high profits" at the expense of genuine fans.
EBay Inc., a suit to block enforcement of the provision. The decision was not so much in favor of Scalping, since it is the prohibition of arbitrary Cancel Creative cards, if the West says is to the same thing.
Scalping has always been a challenge for concert promoters and bands to their tickets in the hands of the fans with a specific value, and not the scalp at a mark-up. And yet, it traditionally has been a losing battle, given the creative ways to thwart scalp.
In one scenario, bands began presale tickets for fan club members only. But as U2 found, when they launched their Vertigo tour, scalp just paid $ 40 membership fee and bought the tickets anyway. The same happened for the Rolling Stones Onstage tour in the Fan Club members pay U.S. $ 100 high premium for the tickets. Ticket broker pays the premium and the corresponding costs to the buyers.
The Internet has not helped much, because she has any questions to a single broker with just one click. No longer, in a queue outside Tower Records on the phone or waiting for a Ticketmaster operator. Now not only businesses but individuals can tickets at face value and at a later time in the day on eBay or other auction sites.
While it is easy to condemn scalp, in the United States, for example, ticket-switching is not illegal in all states. And in states where Scalping is illegal, including Florida, Massachusetts and Illinois, the statues are fairly loose. And even then, in the case of online retailers like eBay, the laws are only applicable where the buyer and seller in the same state.
Ticketmaster, one of the largest host for ticket sales, the transition to auction itself, which, ironically, Ticketmaster has to operate like a scalp. Ticketmaster defended the practice in the same way that eBay does not. Quite simply, the sale of tickets to the auction of the seller to market value for tickets. Ticketmaster is the call price.
In fact, the only real difference is that Ticketmaster will pay a fair share of patrons and artists, whereas eBay and other brokers not. But the result is that the best seats for concerts go for twenty-five percent or more above the face value at auction.
How Creative Festival Entertainment found, there is no viable solution for Ticket Scalping. Even companies, the existing Anti-Scalping Policy only little about the always a legal recourse against the issuing agent for the resale of tickets. Critics say that the consumer laws do not go far enough to scalp is now another reason to be discouraged.
Andrew Marx, with his legal education, practical information on how the everyday legal person can access resources. His weekly column can be read on http://www.smartremarx.com/
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