Posted on 10/17/2007 11:22:37 AM PDT by weegee
LOS ANGELES - A federal judge has granted a request by Ticketmaster LLC to block a software company from making or distributing computer programs used to flood the ticket retailer's Web site with orders, beating consumers who log onto the Web site manually to buy tickets.
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U.S. District Court Judge Audrey B. Collins issued a preliminary injunction against RMG Technologies Inc. on Monday, barring the Pittsburgh, Pa.-based firm from buying or facilitating the purchase of tickets from Ticketmaster's Web site for the purpose of reselling them.
Collins concluded Ticketmaster would prove its claims that RMG infringed on its copyrights, violated the Digital Millennium Copyright Act and breached the Web site's terms of use.
"We will not allow others to illegally divert tickets away from fans," Ticketmaster Chief Executive Sean Moriarty said in a statement.
West Hollywood-based Ticketmaster, a leading seller of concert and sporting event tickets, sued RMG in August in federal court in Los Angeles.
The ticketing company blamed RMG's software for helping ticket scalpers scoop up prized tickets that they later sell for inflated prices.
A telephone message left with RMG was not immediately returned.
In her ruling, the judge determined that that RMG's software harms Ticketmaster and the public "because it denies consumers the opportunity to purchase tickets to events at a fair price."
Collins cited reports of complaints by fans, including many parents who were priced out of getting tickets for Disney Channel's Hannah Montana concert tour.
Ticketmaster is owned by IAC, the New York-based Internet conglomerate controlled by media mogul Barry Diller. It operates in 20 countries with 6,500 retail outlets and 20 call centers around the world.
Ticketmaster has been battling competitors in the secondary ticketing market, such as StubHub, which is growing rapidly. The success of resellers shows the primary ticket price may not have been as high as it could have been.
"We recognize and respect the necessity and reality of a vibrant resale market, but we will not tolerate those who seek an unfair advantage through the use of automated programs," Moriarty said in the statement.
So now buying tickets is copyright violation?
And the big money scalpers don't get their tickets "waiting in line", they get the priority seating "reserved" seats that carry NO face value that are used for "promotional" purposes and given to them by industry insiders.
You are lucky when the first 10 rows are even entered into the computer the day tickets go onsale. Generally they are released to market days before the concert occurs.
There are exceptions, like sports championships where every seat is "valuable".
Rock and Roll PING!
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