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Isn't a ban on scalping a violation of the First Sale Doctrine?



No, first sale refers to copyrighted works. Not tickets to go to a show. You can't easily resell airline tickets, or hotel bookings either.


IANAL, but I believe a ticket to attend an event is different from a CD or record. First Sale states that when you buy something like a book or CD, you have full right/control over what happens to it. But I believe that Louis has the right to revoke a ticket, making scalping virtually impossible.

I would like to know what a lawyer says about this, though.


If you ever read the 2pt font on the back of a ticket, you'll find that what you have bought is in fact a ticket license. The physical ticket itself is just for convenience, what you're paying for is the right to attend.


It would probably protect selling the paper, but not the service it represents.

/ianal




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