Scalping No Longer Sketchy

By titn • on May 26, 2010

Here is a good article on the NY state scalping law from the Vanderbilt Journal of Entertainment and Law:
New York is one of the few states where ticket scalping is perfectly legal, or at least was legal until this month. As the state that boasts Broadway, Madison Square Garden, and 30 Rockefeller Plaza, among countless other entertainment venues, New York is the perfect laboratory for this controversial approach to ticket sales.

For many years anti-scalping laws were considered necessary to protect consumers from spending exorbitant amounts of money on tickets. Over time, however, this paternalism faded, and the public consensus came to be that the government should not prohibit a person from spending $7,000 to see a basketball game, if that person is willing and able.

In 2007, New York passed a law that eliminated price caps on the resale of tickets. Proponents of the law hoped that the law would lower ticket prices by bringing the black market into the public forum. Opponents, however, worried the law would drive up ticket prices by granting scalpers free reign.

This month, the law lapsed while the New York legislature debated a new and improved version of the law. The holdup in negotiations is Ticketmaster’s paperless ticketing technology. For certain events, Ticketmaster requires the original broker to show identification before entering. Where paperless ticketing is used, resales of Ticketmaster tickets are impossible except on Ticketmaster’s own exchanges…

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