Is Stubhub Guilty Of Violating Anti-Scalping Laws? Not This Time...
from the unsettled-law dept
We've seen a few different lawsuits involving ticket reselling website Stubhub (owned by eBay). Last year, you may remember, a court forced Stubhub to hand over the identity of sellers of New England Patriots' tickets, despite the fact that Stubhub's terms of service protect users' privacy. One of the big questions brought up by various lawsuits is whether or not Stubhub is guilty of violating various anti-scalping laws. It seems like it would be clear that Stubhub, as the platform provider, is not liable and is protected by Section 230 of the CDA. And, in fact, that's what a court has just found, dismissing a complaint against Stubhub. However, as Eric Goldman notes at that link, this seems to contradict with at least one other ruling against Stubhub -- meaning that this is hardly settled law, and we should expect to see a bunch more lawsuits along these lines pop up before this gets worked out.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: liability, scalping, section 230
Companies: ebay, stubhub
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most if not all earlier cases the judges were ruling in favor of the IAAs, but as time progress' judges are having a better grasp of the DMCA and sites the histing sites are being found NOT guilty. Granted its unfortunate that its taking so many bad rulings but at least its getting there.
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Street Corner
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Re: Street Corner
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Re: Street Corner
That said, I don't think scalping should be illegal in any way shape, or form.
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Re: Street Corner
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Re: Street Corner
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This Will Change
Craigslist is another site that has been repeatedly challenged for crimes that have been committed by users of the site. They may have a safe harbor now, but the concept of no responsibility will change. It will take a major case to come before the SCOTUS but when it does, sites will no longer be able to hide behind the "platform" defense because their business model is facilitating possible crimes.
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Re: This Will Change
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Stubhub, on other hand, I'm not sure has ANY other purpose and one could argue should be investigated for such. I think ticket scalping should be illegal and pursued but it does show that the market is willing to pay (however begrudgingly) that much for such items.
If folks will just wake up and REFUSE to EVER buy tickets at such prices tickets scalpers would not be able to exist.... well except for TicketBastard.... they're fees are akin to scalping but thats another issue.
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Re: This Will Change
Beyond F Lee's lunacy, is the deeper issue of how can scalping possibly be illegal in the first place. Every item in the world has a value that can be modified by supply and demand. If someone is willing to pay $1000 for something, how can the price stay artificially deflated to $50? All the system does is create a black market.
So to correct your logic F Lee, It's scalping laws that facilitate possible crimes, and should be eliminated.
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Stub Hub Scalping Tickets
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Re: Stub Hub Scalping Tickets
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StubHub Sold Me Invalid Tickets
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Liars, cheaters and thieves...
Many things bother me about this, first they advertise with all major sporting venues, teams, and media outlets which helps them immensely with being exposed.
It bothers me if I go to ESPN and click on schedule... get tickets it sends me to StubHub and not the primary vendor of tickets.
It bothers me that tickets are purchased and sold by brokers and the regular fan has to pay a premium.
It bothers me that the seller gets hit with a large commision and the buyer pays a large commision...
If you find tickets for 100, you pay 125 the seller gets 75. Quite a scam they have going.
I can go on and on but Im just venting.
Good Luck and I hope they get what they deserve.
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Re: Liars, cheaters and thieves...
Call or e-mail all your friends to contact the professional sports offices that we won't take this lying down. I tried to get tickets to the Seahawks game last Aug. And one minute past the hour when they started selling they were all sold out. But guess what you could buy anything off of Stub Hub.
There is power in numbers. I propose we start a group to fight this.
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Re: Re: Liars, cheaters and thieves...
We have to stop this Stubhub Bullshit.
It is not Capitalism it is Ticket Scalping.
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Stub Hub is a rip off!!
I was a victom of their unfair business practises.
I had just sold a pair of tickets to the Wash-Giants game Nov. 30th because I could not go.
Now when you sell tickets they say you are responsible providing the right ones. Which I did.
Well the buyer didn't like them because they were not the best of seats. And according to Sub Hub since they were rejected and I "should" have decribe the seating better I would be responsible for the 276.00 extra charges for the nicer seats. And now I see a 276.00 charge on my credit card. A rip off? I should say so.
So I say no one should do business with the likes of Stub Hub. I will be contacting the FTC,The Attorney general and Fox news about this.
and anyone who wishes to contact me to start a grass roots organization to get rid of them are free to do so.
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Re: Stub Hub is a rip off!!
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STUB HUB IS A FRAUD
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Requirements
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ff
i meen no one can ejoy a damm game ne more...
the yabkees season jus started and they put the tickets on sale but within 45 minutes they were all sold out becuse pppl on STUBHUB are buying them in bulk and then selling them for outragely nore moneythan there worth..see now we cant go to the yankee vender n buy 50 ticks n now we have to go on stub hub and buy the same tickets 4 like 500 dollars a piece!!
basbeball should b able to b enjoyed by all types of fans not just the ones who have alot of money..how can we enjoy a game when the tickets are this expensive..its just like scalping expet they can do it from there own home..When my father went to his first yankee game he found a guy on the side who scalped him some seat for 10 dollars more than face price now thts not terrible but isnt that the same as stubhub...expet this guy was extemely nervous and made my dad pay not in front of where they were taking the tickets because he was so afriad of being caught o0ogosh lmaoo
jus sayiin....wanted 2 vent some lmaoo
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Don't be fooled
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Capitalism...and your standard of living
This is capitalism folks, and while not perfect, it is the reason we have extra money to go to concerts, we have leisure time to gripe online, and our "poor" have satellite tv.
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Re: Capitalism...and your standard of living
If a person can click a website with intent to buy a $50 ticket to sell it for $250, they add nothing to its value. (thus skewing the relationship between price and value). Because the consumer can not now click on the original website, this becomes an issue of OBVIOUS control and exploitation. Of course Joe Schmo will pay the bloated price, but only because he has been denied any other access. This is another clear example of our government's theme: laws written, interpreted and enforced not to protect the people, but protect the industry which writes them, (could the spirit of the anti-scalping laws be more clear?), but to divert more cash flow to the already wealthy.
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Re: Capitalism...and your standard of living
then you can re-phrase your comments. The market defines the market value, (what people are willing to pay) not the seller (what people Have to pay) Your definition of Capitalism is what is wrong with the World today !!
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Of course it's ticket scalping!
The fact that the founders and others made money off of this illicit enterprise reflects a great deal of what is wrong with America. People selling their Yankees tickets are prosecuted if they do so on eBay but not on StubHub - and why is that? If the conduct is illegal on eBay, it has to be illegal on StubHub. The difference is only who is getting a cut of the action and one wonders how this enterprise was able to escape scrutiny for this long.
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LOL
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Ticket scalping through Stub Hub
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Stub Hub IS Ticket Scalping
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To the people who say SH is not facilitating the crime - I'll start a website just for selling drugs. I get 10% of any sale....by your logic, since I am not selling any drugs myself, I have committed no crime and you know that's b/s.
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It's anti-capitalist, corrupt, ethically wrong at a level comprehensible by a 5-year-old.
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Stub Hub is guilty
Scalping is defined as buying a ticket early, then exploiting the limited supply and selling the ticket for profit. It's 50 weeks left until next ACL and there's already people selling tickets for almost 70 more than they are originally worth. How is this not scalping?
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Ticket Scalping
http://www.change.org/petitions/ticket-scalping-websites-stop-legalizing-online-ticket-scal ping
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Ticket scalping
Btw - there are very few actual scalping laws on the books. Only a few states have specific laws against it. Short of not being able to scalp @ the actual venue, it's perfectly legal a lot of the time.
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It's anti-capitalist, corrupt, ethically wrong at a level comprehensible by a 5-year-old
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Stub Hub Scalping
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