Judge Refuses To Dismiss Criminal Charges For Violating Ticketmaster's Terms Of Service; Trial Moves Forward
from the read-the-fine-print dept
During the summer, we had discussed how the same issue was coming up in a case involving a ticket reseller who had created computer systems to get by Ticketmaster's attempts to limit ticket sales. They would get around purchase limits and things like CAPTCHAs with some automated software that, from the sound of things, was incredibly effective. Now, violating the site's terms of service might be a contractual violation, but a criminal one? As much as people might dislike scalpers buying up tickets to popular events and then reselling them, that doesn't mean we should let those feelings cloud the specific legal questions.
Unfortunately, a judge has decided to punt on the matter, at least for now, refusing to dismiss the case at this stage, and setting a date for a trial next year. While the judge is aware of the Lori Drew case, she claimed that the fact pattern there was really different and, anyway, the decision on the appropriateness of using the CFAA was ruled on after the trial. That last point seems rather meaningless. The appropriateness of the CFAA doesn't seem like something that requires a trial. In the Drew case, the trial was a total waste for everyone involved, because after it was decided, the judge decided to toss everything out anyway. Why not save everyone the time and handle it up front?