The quick answer is yes, botting Ticketmaster is generally considered illegal. Ticketmaster and other ticket sellers have terms of service that prohibit the use of bots and automated purchasing methods to buy tickets. Violating these terms can result in criminal or civil penalties.
What is botting Ticketmaster?
Botting Ticketmaster refers to using computer bots or automated scripts to purchase tickets on Ticketmaster.com and other Ticketmaster sales channels. These bots can automate the ticket buying process and purchase large quantities of tickets almost instantly. This gives bot users an unfair advantage over regular consumers in buying popular tickets.
Some of the ways bots are used to buy Ticketmaster tickets include:
- Automating the ticket selection and checkout process to buy tickets much faster than a human user could.
- Using distributed bot networks to attempt to buy tickets on multiple devices at once.
- Circumventing Ticketmaster’s CAPTCHA and other security measures designed to prevent automated purchases.
- Using bots to buy up tickets the moment they go on sale, crowding out human buyers.
The high demand for hot ticket events like concerts and sports games motivates some tech-savvy fans to use bots to gain an edge. They can then resell the tickets at a higher price for a profit.
Is botting Ticketmaster illegal under their terms of service?
Yes, Ticketmaster explicitly prohibits botting and automated purchasing in their Terms of Use. Here is the relevant section:
“Use of automated devices or processes to purchase tickets is strictly prohibited.”
This prohibition applies to both Ticketmaster.com and other Ticketmaster sales channels. Violating this term of service constitutes a breach of contract.
Ticketmaster also employs various technical measures to detect and block bots, such as CAPTCHA challenges and activity monitoring. Avoiding or circumventing these bot detection methods is also prohibited under their Terms:
“You shall not…access, reload or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval.”
So botting Ticketmaster clearly violates their contractual terms of use in multiple ways.
Is botting illegal under anti-bot laws?
In addition to Terms of Service violations, using bots to buy tickets may also violate laws specifically prohibiting ticket botting:
- The Better Online Ticket Sales (BOTS) Act, a federal law passed in 2016, prohibits circumventing ticket sellers’ access control systems and limits on number/frequency of purchases.
- Over 30 states have also passed their own anti-bot laws banning the use of bots to buy tickets.
For example, New York’s anti-bot law states:
“It shall be unlawful for any person…to utilize…any software application…to interfere or attempt to interfere with the access, operation, security, or integrity of any online ticket seller’s website or to circumvent any access controls or access limitation systems used to ensure an equitable ticket buying process.”
These laws provide for civil penalties and damages for violations. Criminal charges may be brought as well if the botting violates broader computer crime statutes.
Has Ticketmaster sued bot users?
Yes, Ticketmaster has filed a number of lawsuits against major ticket bot operations:
- In 2017, Ticketmaster sued Prestige Entertainment for using bots to purchase $3.5 million worth of tickets over 2 years.
- In 2018, they sued pharmaceutical entrepreneur Joseph Meli for operating a large-scale bot network that acquired $98 million in tickets over several years.
- Also in 2018, Ticketmaster filed a suit against alleged bot operator Liontix for violating their Terms of Use and the BOTS Act.
These lawsuits generally alleged computer fraud, unfair competition, and breach of contract claims. They resulted in settlements or injunctions prohibiting further botting activity.
The cases demonstrate Ticketmaster’s active efforts to crack down on bots through litigation. They warn bot users they could face legal consequences for their actions.
What are some examples of penalties for botting Ticketmaster?
Some examples of penalties that bot users have faced include:
- Court injunctions ordering them to stop botting Ticketmaster, such as those won in Ticketmaster’s lawsuits.
- Fines and civil damages up to $16,000 per violation under the BOTS Act.
- Loss of profits earned from reselling botted tickets.
- Account termination and loss of eligibility for fan club or other Ticketmaster presales.
- Criminal charges for computer crimes if the botting sufficiently violates felony statutes.
While prosecutions of small-time bot users are rare, the cases Ticketmaster has pursued show they are willing to hold major bot operations accountable. Any botting exposes the user to potential monetary judgments, account termination, and injunctions.
Ethical arguments against botting Ticketmaster
Beyond legal penalties, there are ethical arguments that botting Ticketmaster is unfair and harmful:
- Cuts ahead of other fans – Bots cut normal fans out of the ticket buying process and divert tickets before human buyers can attempt to purchase them.
- Circumvents sales limits – Ticket limits are intended to give all users a fair shot. Botting ignores these limits to acquire huge batches of tickets.
- Reselling for profit – The high resale markups bots enable let resellers profit unfairly at fans’ expense.
- Harms consumers – Botting forces buyers to pay inflated secondary market prices.
- Freeloading on Ticketmaster – Bots freeload off Ticketmaster’s systems and costs while violating its policies.
These ethical concerns illustrate why many see botting Ticketmaster as dubious or unethical, apart from its legal status. The practice advantages bots at the expense of fair access for fans.
Has Ticketmaster effectively prevented botting?
Ticketmaster has ramped up anti-bot efforts but bots remain an issue:
- CAPTCHAs, purchase limits, and other controls have proven only partially effective at blocking bots.
- Bots have still been able to acquire 30% or more of tickets for some high-demand shows.
- Artists like Taylor Swift have condemned Ticketmaster for not stopping bots.
- Lawsuits demonstrate major bots have operated for years despite detection systems.
Ticketmaster continues working to improve security:
- Using machine learning to better analyze suspicious traffic patterns.
- Requiring fan identity verification for some ticket presales.
- Banning known bot abusers from making purchases.
- trying new systems like Verified Fan ticket registration.
However, bots remain a challenge and still impact many major events. More work is needed to level the playing field.
How can botting impact you?
As a ticket buyer, here are some ways botting Ticketmaster can impact you:
- Reduced ability to buy tickets at face value prices.
- Forced to pay higher secondary market prices often marked up over 50% or more.
- Fewer choices of seat locations since bots scoop up the best seats first.
- Waste more time competing with bots during hurried onsales.
- Cannot get tickets to sold out events without high resale prices.
You may lose out on seeing your favorite sports teams, bands, and other entertainers if bots buy the limited tickets first. Or you have to pay the inflated premiums bots enable on resale sites.
Tips to get tickets and avoid bots
Here are some tips fans can use to try getting tickets in spite of bots:
- Get free Ticketmaster Verified Fan pre-registration when available to get special access code.
- Use presales for fan clubs, credit cards, and other groups you may qualify for.
- Be ready on your computer the moment tickets go on sale to buy as fast as possible.
- Consider using Ticketmaster’s #VerifiedFan system if offered to prioritize human buyers.
- Avoid extremely popular and high demand events where bots will be rampant.
- Be open to cheaper seats that may be less appealing to bot resellers.
While bots make buying tickets harder, real fans still have ways to get seats through presales and beating bots to the punch. Avoiding super high demand events also reduces some bot impact.
Will regulatory changes stop Ticketmaster botting?
Future regulatory proposals may help deter Ticketmaster botting:
- Some states are considering stricter anti-bot laws.
- The proposed BOSS Act would toughen enforcement against botting.
- Regulations could require more disclosure or warnings if high bot activity is detected.
- Bot labeling rules may require resellers to identify bot-purchased tickets.
- Policy changes may mandate ticket limits or waiting periods before resale.
However, technological approaches may be needed in addition to regulations:
- Better bot detection through IP monitoring, device fingerprinting, and pattern analysis.
- More stringent CAPTCHAs and other interactive human verification challenges.
- Blockchain or token-based ticket sales to prevent duplication.
A combination of tech solutions and updated rules may be necessary to get bots under control. But it is an ongoing battle as bot creators adapt to new defenses.
Conclusion
Botting clearly violates Ticketmaster’s Terms of Service and skirts state and federal anti-bot ticket laws. While prosecutions are infrequent, Ticketmaster actively works to sue or shut down major bot operations through the courts when detected. Every fan using bots still faces risks ranging from civil damages to criminal charges depending on their specific actions. Beyond legal issues, botting harms regular fans through unfairness and higher prices, undermining Ticketmaster’s intended system. consumers, artists, and venues all suffer adverse effects from bot market manipulation. Ticketmaster continues working to improve human fan access through verification systems, purchase limits, and machine learning bot detection. Further technological and legal initiatives both will likely be needed to curb abuses, though bots remain a persistent threat. Ultimately, botting Ticketmaster hurts real fans, artists, and venues for the sake of questionable profiteering by a few technical exploiters, making it widely frowned upon both legally and ethically.