Tuesday, February 9th 2021

UK Parliament Members Aim to Introduce Bill to Fight Scalping... But the Problem is a Complex One

Members form the UK Parliament are apparently preparing to introduce a bill that would regulate the scalping phenomenon that's being witnessed worldwide. According to Scottish politician Douglas Chapman, in an interview to IGN, "The issue of scalping first came up with constituents contacting me to explain their frustration about being unable to get hold of certain games consoles or computer components pre-Christmas." He then expanded on that by adding that "On investigation, we uncovered more details of the unscrupulous practice of 'scalping' by automated bots to bulk buy these goods and sell them on at inflated prices." Oh, and this bill is unlikely to pass, by the way.

Scalping, however, isn't done only in the UK; it's a pervasive international issue that crosses borders. And scalping, as it is known, is nothing but a form of speculation, which some might say is part of the backbone that keeps the world's capitalist blood pumping through the economy - some might even argue that scalping occurs directly due to mechanisms of supply and demand, and thus, isn't an unlawful activity in and of itself. Companies, corporations, and all other legal entities, however, have to adhere to strict anti-monopoly/anti-cartelization laws, which deal with the same base issue, although in another facet of it. The problem is that it appears that in some countries, speculation is regulated at the enterprise level, but not at the citizen level. And herein lies the crux of it.
Speaking as a Portuguese resident, Portugal does have anti-speculation laws. In fact, they are enshrined in our Criminal Code. In essence, Portuguese law defines the crime of speculation as "the sale of goods or services at prices above those permitted by law", and as "the sale of goods or services at pricing higher than the one affixed in tags, lists, or other ways of public pricing disclosure made available by the manufacturer, distributor, or service provider". This, of course, means that all citizens selling products above MSRP are incurring in the crime of speculation, and is automatically universal: it applies to everything, from concert tickets for summer festivals to technology goods and everything in-between. Of course, having the crime enshrined in law is only half a step; the other half is actually executing the required investigation, due process, and ultimately, reaching a court decision. This is where most of the issues remain to be ironed out - at least in Portugal.

So, there is precedent in countries around the world regarding the criminalization of speculation. However, this will have to be adapted to each countries' code; and will then have to be enforced (with all the problems, delays, and due process for those particular steps). even where this law exists, it is likely that the law will have to be revised so as to consider the usage of automated bots for the purchasing process.
I suppose one good way of increasing the reach of these pro-consumer laws is by holding reselling platforms - such as eBay - responsible for the pricing practiced under their purview. One doesn't have to think too hard that reselling platforms - which do take a share of the profits, as we've shown over and over again - are raking in profits from an operation that is - or in some places, should become - illegal. Should these platforms be criminally accountable for profits taken from illegal conducts in their ecosystem, that would give them the necessary budge, so to speak, for them to implement actual anti-scalping measures. Deny scalpers their sale and distribution platforms, and you have taken away most of their internet-magnified power.
Scalping brings profits; and as such, and considering a certain faction of humanity's propensity for narcissism and egomaniacal ventures, it's only a matter of time before scalping extends its reach to other products - whether on the technological side of things, as we see with the latest graphics cards, games consoles, and even gaming laptops; or to other things which have a much more real impact in people's lives. There only need to be two elements for a product to be scalp-worthy: limited supply, and high desirability.

Legislation will have to be put forward by countries who don't currently have it, international task forces will have to be assembled to deal and investigate cross-border practices, and companies will have to integrate the most fundamental ways of customer-checking, such as Captchas, for this issue to if not go away, at least become manageable. Until then, we'll just have to wade and wallow through articles upon articles such as this one. And if countries and legislative bodies only take action when scalping reaches other product areas that are more crucial to society's functioning than the latest gaming graphics cards, it might be too late to avoid some disastrous consequences.This post is marked as an Editorial
Source: IGN
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38 Comments on UK Parliament Members Aim to Introduce Bill to Fight Scalping... But the Problem is a Complex One

#26
HTC
RenaldI have seen scalping of toilet paper.
Since then, it's impossible to remove from my head that humans are primal animals stupid as hell, even though some of them manage to be smart enough :)


This is illegal since they know stock is limited, and they are creating a monopoly. And monopoly is illegal in pretty much every country.
As you said, there would be no problem and no scalping if production capacity was unknown and somehow high
I wish what happened to this guy happened to EVERY SINGLE ONE of these scalpers.
Posted on Reply
#27
qubit
Overclocked quantum bit
Too many people in power with vested interests to ever have this problem fixed. All that really needs to happen is to make it expensive for them to do this and the problem goes away, or at least reduces significantly. No lengthy and ineffective court action needed.

In my case, I bought my RTX 2080 SUPER (see specs) in March last year as a "temporary" card to play CoD:MW online* with my friends, intending to buy the 3080 when it came out and sell this one. However, with all the out of stock everywhere and scalping, I've still got the 2080 and no sign of that upgrade. :mad:

I was lucky to get it when I did and at a good price, too. It's literally impossible to buy a high end card now without getting it at some inflated price off some dodgy eBay seller, not even the inherently price-inflated RTX 3090. This is beyond annoying and I'm not going to do it.

*My old 780 Ti can play it, but performance is pretty crap, so didn't wanna live with that for months and am really glad I bought that card, now.
Posted on Reply
#28
zlobby
Caring1Wouldn't that be the other way around?
Without the U.K. subsidising EU, the prices in Europe will rise.
I guess only time will tell. Only one thing is for sure - the island has very much limited resources.

UK is even struggling badly with workforce for the agriculture. Up to now they were mainly importing such people. I'm trying to imagine how much a pound of tomatoes will cost now, when the only people left to plow the fields are the once proud Brits?
Posted on Reply
#29
medi01
evernessinceYou do realize those are dictatorships are different than democracies right? I don't see how the UK is comparable to those. If your point was that government is bad, the police, public schooling, public healthcare, and much much more has existed for a long time now. Hopefully you read about the industrial revolution and the meat packing industry? You sure the government did a poor job cleaning that industry up?

It's a dumb point to make as not only are you comparing apples to oranges, you ignore the fact that wise management from the government has existed for a long time now. The quality of a democratic government largely depends on the people and the system.
I have lived in USSR, kid, so I got news to you about dictatorships and "bad police" or "bad schooling" or "bad public healthcare".
The second of the three is particularly amusing to hear: it was one of the few things it soviets were good at.
Now healthcare... it depends what country you compare it to.
It was universal.
When I had fever as a kid a doctor would visit me at home (!!!).

It didn't turn USSR into heaven, or even a country with decent level of living (again, reservations apply as there are dozens of always capitalists countries which have never riched that level), but it wasn't like you think it was.

Dictatorships (which Venezuela isn't, for the record, authoritarian - yes) just happen to be stupid enough to even try "regulating" prices like that.

I didn't realize saying "keeping price artificially low doesn't help supply meet demand" was a hard concept to comprehend.
Posted on Reply
#30
moproblems99
zlobbyI'm trying to imagine how much a pound of tomatoes will cost now, when the only people left to plow the fields are the once proud Brits?
It's going to be just like the US because ain't none of them 'proud' Brits or Americans are actually going to do 'work'. In other words, them proud Brits are going to get used to canned tomatoes.
Posted on Reply
#31
robot zombie
Rob94hawkI have a very simple solution to scalping, I just don't buy. Hurt the companies bottom line and scalping will come to a crashing halt.

I was going to build a 4k gaming rig. But now I'm not. Money saved.

/thread
Yep, I wont even consider 4k and things like this are part of the reason. I bought nice headphones instead. Thier loss.
Posted on Reply
#32
Renald
DeathtoGnomesA monopoly is not illegal, the road getting there might be, depending. Twitter has a monopoly, just ask Parler.
Twitter has a monopoly on what ? Posting messages readable by anyone ? You're kidding ? You just posted a small message readable by anyone

Apple can exclusively make iPhone, not a monopoly.
Samsung can exclusively make Galaxy smartphone, not a monopoly.
But none of them has the right to hold smartphone sells.

From wikipedia :
A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity.
Likewise, a monopoly should be distinguished from a cartel (a form of oligopoly), in which several providers act together to coordinate services, prices or sale of goods
In many jurisdictions, competition laws restrict monopolies due to government concerns over potential adverse effects. Holding a dominant position or a monopoly in a market is often not illegal in itself, however certain categories of behavior can be considered abusive and therefore incur legal sanctions when business is dominant.
Posted on Reply
#33
moproblems99
@Renald , so what is the current legal issue? Currently, there isn't even a monopoly because there are more than one scalper so you have multiple places to get them. Given that, you probably couldn't even win a monopoly lawsuit. Good luck!
Posted on Reply
#34
trog100
some members of parliament are pretty stupid.. this is just one example of how stupid some of them can be..

many years ago just after WW11 the UK had something called the retail price maintenance act this basically fixed prices at whatever the manufacture put on the tin.. long ago it was scrapped..

since then price fixing has been illegal in the UK hence the term recommended on a price label..

do these idiots want to try and move the clock back 70 years.. it seems so..

trog
Posted on Reply
#35
DeathtoGnomes
RenaldHolding a dominant position or a monopoly in a market is often not illegal in itself, however certain categories of behavior can be considered abusive and therefore incur legal sanctions when business is dominant.
my point exactly, I only used Twitter as an example. Section 230 means no one can sue twitter for censorship of free speech, banning people for made up excuses, which covers the 2nd half of that line. Lets not get started on what twitter does to 'self' advertisers, yes they are subject to banning too.
Posted on Reply
#36
trog100
there does seem to be pattern here.. power and money is moving into fewer and fewer hands.. monopoly power will be the new normal.. big tech will end up running the world..

and being as modern elections (the winners) are bought and paid for there aint no way of stopping this.. democracy becomes a fraud when the votes can be bought..

trog
Posted on Reply
#37
moproblems99
trog100there does seem to be pattern here.. power and money is moving into fewer and fewer hands.. monopoly power will be the new normal.. big tech will end up running the world..

and being as modern elections (the winners) are bought and paid for there aint no way of stopping this.. democracy becomes a fraud when the votes can be bought..

trog
The basis of politics is; you scratch my back, I'll scratch yours. They key is doing it without destroying your constituents and not being a douchebag. That is the problem we all have right now. Pleas note: final comment on this topic for me.
Posted on Reply
#38
Renald
DeathtoGnomesmy point exactly, I only used Twitter as an example. Section 230 means no one can sue twitter for censorship of free speech, banning people for made up excuses, which covers the 2nd half of that line. Lets not get started on what twitter does to 'self' advertisers, yes they are subject to banning too.
I agree with @moproblems99 , this is a weird monopoly : "scalpers" as a group holds the whole market, but in fact it's not a monopoly, more like abuse of dominant position of some investors.
But Twitter, WTH are you talking about man ?

You can express yourself freely and publicly wherever you want on the Internet. That's all Twitter does. Twitter let you use their platform to "channel" the content provided, but that's nothing else. People talked publicly before Twitter, people had friends online before Facebook, people made selfie before Snapchat, people exchange messages before Whatsapp.
They don't have any kind of monopoly, like Google don't have any monopoly on search engines. You're banned from google research ? It doesn't mean your disappear from Internet browsing.
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