The use of bots to purchase tickets on Ticketmaster has been a controversial issue. While some bots may not directly violate Ticketmaster’s terms of service, there are concerns around their fairness and legality.
What are Ticketmaster bots?
Ticketmaster bots are automated software programs that are designed to quickly search for and purchase tickets on Ticketmaster.com. They allow users to buy tickets much faster than manually searching and selecting seats.
Bots can instantly process Ticketmaster pages, find available tickets, and checkout before human users can even select seats. This gives bot users an advantage to purchase the best tickets before others have a chance.
Are Ticketmaster bots against the terms of service?
Ticketmaster’s Terms of Use prohibits users from accessing their systems in an unauthorized manner, such as through automated bots. Their terms state:
Use or distribution via the Site of software or other tools that harvest tickets in excess of reasonable limits established by us is strictly prohibited.
However, Ticketmaster bots may not directly interact with Ticketmaster’s systems in an unauthorized way. Instead, they automate actions that could also be done manually, just at much slower speeds.
So while Ticketmaster bots violate the spirit of Ticketmaster’s rules, they may not technically violate the letter of the terms in all cases.
Are Ticketmaster bots ethical?
There are ethical concerns around the fairness of bots buying up tickets:
- Bots scoop up tickets quickly, making it harder for regular fans to purchase tickets.
- Bots often purchase tickets solely for resale at higher prices, reducing affordability for fans.
- Bots cut in line ahead of fans who are waiting to purchase tickets when they go on sale.
So while bots may not always be illegal, there are valid concerns around their ethics and impact on everyday customers.
Is ticket brokering legal in the US?
Reselling tickets for profit, also known as ticket brokering, is legal in most states in the US due to the StubHub v. Baker case in 2016.
That Supreme Court case ruled that states cannot impose restrictions on the resale of tickets at higher prices because tickets are a form of personal property.
However, some states do regulate elements of ticket resaling. For example, requiring disclosure of ticket locations or prohibiting sales until tickets are in-hand.
Can using bots lead to civil or criminal charges?
While bots don’t directly violate criminal laws, improper use could potentially lead to civil charges or criminal prosecution:
- Computer fraud or abuse – If bots access Ticketmaster servers without authorization, this could violate computer fraud and abuse laws.
- Antitrust violations – Using bots to purchase huge blocks of tickets could violate antitrust laws if done to control ticket prices.
- Wire fraud – Lying about bot use to gain unfair advantage could qualify as wire fraud.
However, these types of charges are rare and would require proving the bots directly engage in fraud or other willful illegal activity beyond merely purchasing tickets.
What legal measures limit Ticketmaster bots?
There are currently no federal laws in the US prohibiting Ticketmaster bots specifically. However, some states have passed legislation including:
- New York: Bots can’t purchase over 5 tickets at once or circumvent security measures.
- Oregon: Using bots to wrongly obtain tickets is considered computer crime.
- Pennsylvania: Bots can’t purchase over 5 tickets or finalize sales without human intervention.
Additional states like California, Connecticut, Maryland, and Tennessee have also proposed bills to regulate ticket bots.
There have also been proposals for federal legislation, such as the BOTS Act, that would ban bots used to improperly purchase tickets, but they have not become law.
Can Ticketmaster sue over bot use?
Ticketmaster can file civil lawsuits against major bot operations for improperly interfering with their systems or violating terms of use. For example:
- In 2017, Ticketmaster filed a lawsuit against Prestige Entertainment for using bots and allegedly fraudulently obtaining hundreds of thousands of tickets.
- In 2022, Ticketmaster sued a bot ring across 4 states for illegally accessing their systems to scoop up tickets.
However, it is resource intensive for Ticketmaster to identify bot users and build cases against them. Typically, only large bot networks are subject to civil lawsuits.
What actions are Ticketmaster taking against bots?
Ticketmaster has ramped up efforts to combat bots including:
- Using CAPTCHA and other verification checks to make it harder for bots to purchase tickets.
- Limiting ticket purchases – Only allowing 8 ticket maximums per purchase.
- Cancelling suspected bot orders – Reviewing orders and cancelling ones linked to suspected bots.
- Banning users – Identifying users who violate terms of use and banning their accounts.
However, bot makers continue updating their software to try and circumvent Ticketmaster’s counter measures.
Conclusion
In summary, using bots to purchase Ticketmaster tickets exists in a legal gray area. Bots don’t directly violate criminal laws, but can go against Ticketmaster’s terms, raise ethical concerns, and most states don’t concretely prohibit their use.
Ticketmaster is ramping up civil lawsuits and has implemented technological measures to try limiting bots. But bots adapt quickly, so the cat-and-mouse game continues. There have been pushes for increased regulation, but no federal law against ticket bots has been passed.
The biggest limitation for Ticketmaster remains identifying and building cases against bot users. Until more comprehensive legislation prohibits bots or technological solutions arise, bots will likely continue posing challenges on Ticketmaster.