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Editorial: Proposed law would target ticket bullies

The unscrupulous use software to manipulate the market.

Last update: March 21, 2008 - 5:56 PM

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"It basically allows an online ticket bully to cut to the head of the line. We wouldn't allow it at the bus stop, we wouldn't allow it in front of the Metrodome to buy Twins tickets, and we shouldn't allow it online.''

State Rep. Joe Atkins, DFL-Inver Grove Heights

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Proposed legislation that could appropriately be labeled "the Hannah Montana bill'' is not the most important issue being discussed at the Capitol in St. Paul this legislative session.

State Rep. Joe Atkins, DFL-Inver Grove Heights, who sponsored the bill, is quick to point out that health care, for example, is a bit more pressing.

It's just that Atkins dislikes bullies, and he believes that software that allows buyers to jump to the front of the online queue to buy up huge blocks of tickets to popular events is wrong. He likens the behavior to bullying, and his proposal would make it a misdemeanor in Minnesota.

The bill will resonate with kids and parents who tried to buy tickets to last October's Hannah Montana concert at Target Center. Almost immediately after tickets went on sale, online buyers were told the event had sold out. At the same time, online resellers were offering tickets for $1,000 or more.

Atkins said computer programs jumped ahead of consumers who had gone online from home, buying thousands of tickets that turned up in the hands of online resellers. The programs can override the technology used by primary ticket outlets such as Ticketmaster, which have put their own systems and guidelines in place to limit the number of tickets a buyer can purchase.

The practice is becoming more common across the country, with resellers using ticket-buying robots, or "bots,'' to control the supply and set new, higher prices for tickets. Major events and premium seats are most often targeted, but Atkins believes use of the software will spread. It's a serious public relations and fairness issue for teams, artists and venues. They should be able to offer tickets at a set price and provide equal access for consumers. There's nothing wrong with secondary markets in which sellers try to charge more than face value through ticket brokers and online auction sites such as eBay. But technology should not be used to unfairly manipulate the marketplace and usurp the terms of use established by the original sellers.

Legislators and attorneys general in several states are considering bans or restrictions on the use of ticket-hoarding software, although Atkins said he believes Minnesota could become the first to pass legislation.

The debate is also playing out in the courts. Last October, Ticketmaster won a preliminary injunction in U.S. Court in Los Angeles against RMG Technologies, whose software allegedly was used to automate ticket purchasing. RMG maintains that its software does not block other online buyers and that the lawsuit is without merit.

The proposed Minnesota law is unlikely to stop the bots entirely, and there's no need for overburdened law enforcement agencies to make the issue a priority. But the law would provide another weapon in the worthwhile effort to create a fairer, more level ticket-buying field with fewer bullies.

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