Re: IMPRESSIVE!!! How to successfully 'fight' scalpers...
Date: June 15, 2005 15:13
tapers have been vigilantly doing this for some time now when their sources end up on ebay repackaged as a bootleg...
you can also report these auctions to ebay (many tapers do this, as well), and ebay will shut down the auction because it is illegal, and against their user policy (SELLING of unauthorized recordings is illegal)...
with these live8 tix, geldolf went to ebay to explain that these are not for resale, the proceeds are for charity, etc...
that is why the auctions get voided, and the only ramification for astronomical bidding is bad feedback...
however...
in many circumstances, it is NOT illegal to resell stones tix on ebay, nor are the original proceeds earmarked for charity, nor is there any other reason that the auction would void ebay's user policy, or existing governing laws. in fact, it is perfectly legal to sell concert tix on ebay at a price that the market will bear. and i believe you are liable for the bid amount if you are the winning bidder, just as you are liable at an auction house like christy's (you cant walk in there, bid on a painting, and then say, "shennanigans" - they would sue you)... and if i were selling something legally on ebay, and somebody bid an outrageous amount on my item, and then tried to weasel out of it by saying that they were trying to stop my auction based on a personal ethic, that has NO legal precedent, i would likely sue them for the bid amount + associated costs...
"scalping" refers to selling tix for greater than face value AT the venue - this IS illegal. but selling tix on ebay, and getting a price that the market can bear is, in most circumstances, legal. and by participating in such auctions, you become legally liable for the bid amount should you win...
i am not advocating those that are selling tickets, or anything else, on ebay, but that is the way it works.
i dont know about the world cup tix mentioned above, but that likely falls under another country's laws, as i think the event in question was held somewhere other than the us... but i would be very careful messing with the auctions of us tix, being sold by us citizens, in a way that violates no existing laws, and complies fully with ebay's user policy/agreement - you just might be exposing yourself to an absurd amount of liability, and you would not have a legal leg to stand on...
and make no mistake, in this litigious age in the us, people get sued for lesser amounts ALL THE TIME.
Edited 1 time(s). Last edit at 2005-06-15 15:17 by macdaddy.