• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

Poll: Should Scalping Be Illegal?

Should scalping be illegal?

  • Yes

    Votes: 208 36.6%
  • No

    Votes: 321 56.5%
  • I don't know; I'm on the fence.

    Votes: 39 6.9%

  • Total voters
    568

Outlier

Member
No. It sucks, but video games are a luxury with little constructive value, therefore not garnering reason for legal recourse.

Business is business and if we don't want a business, then we should think about how we spend our money, on it.
 

AJUMP23

Member
Ok why it shouldn't be illegal ?

I mean hoarding say vegetables or Onions to hike the price in the market is illegal in many countries. Why can't same be implemented to the electronic devices ?

Debeers hoards diamonds to keep prices controlled. In fact they only release them gradually to control the market. I don’t think it should be illegal. There are probably some very illegal practices at the diamond mining side, those should be fixed. But I don’t have an issue with controlling a supply of a durable good.

I think retailers could do better at making the purchase process fair. Other than that nothing wrong with someone trying to resell stock. If the government tried to pass a law about scalping retail items they would some how destroy the entire used sales market with their foolishness.
 

iorek21

Member
Scalping sucks, but the State shouldn’t do anything about it. All it does is create even more problems to an already terrible situation (believe me, I’m from Brazil, the king of intervention).

images
 

reptilex

Banned
Actually I believe this is already illegal outside of dumbistan: bulk buying and reselling are legal, uppricing without distribution right is absolutely illegal and considered counterband trafficking (in civilised countries).
 

cireza

Member
Rather than preventing people from making every single stupid thing possible, working on making them smarter would be a better course of action.
 
Yes, but they're screwing over the people who want the products but cannot afford to buy them above MSRP.

Then wait a few more months? The scalping that is going on will last only as long as supply isn't meeting demand. Look back throughout the history of game launches and not long after supply catches up to demand. Just wait if you can't secure one or can't afford the ridiculous scalping prices, it's a videogame console not water or food.
 

brian0057

Banned
Price controls are not the same thing.
Yes, they are. You're forcing people to sell a product at a given price regardless of market reality.
You know how if you outlaw scalpers and now have to wait for the manufacturer to increase supply? And now you don't have access to the product at all?
Now try that but with food and medicine.
In my case, they were called "bachaqueros".
Now people wishes they were back.
 
Last edited:

BluRayHiDef

Banned
Then wait a few more months? The scalping that is going on will last only as long as supply isn't meeting demand. Look back throughout the history of game launches and not long after supply catches up to demand. Just wait if you can't secure one or can't afford the ridiculous scalping prices, it's a videogame console not water or food.
I haven't personally been affected by the low supply and scalping; I've been able to get an RTX 3080 FTW3 Ultra Gaming (which I've returned to Micro Center), a PNY REVEL EPIC-X RTX 3090, an EVGA RTX 3090 FTW3 Ultra Gaming, and a PlayStation 5 - all from legitimate retailers.
 

Majukun

Member
Any scalping is the fault of retailers. There was a reason Sony limited their orders to 1 per household.
so scalping shouldn't be illegal but you support private efforts to avoid it?
why ?
one is the state saying you can't do it, one is a private entity making so that you can't.
result is the same.

personally it's one of those things that i think should be illegal, but they technically are not and there are not many legal "levers" to sue to make it so
 

ReBurn

Gold Member
Those examples are perishable products, so not the same thing.
It's more the difference between commodities and luxury items. The reason there are laws to prevent scalping of things like water, vegetables and raw materials is because people need those thing to survive. Nobody needs a PlayStation to survive.

What we're seeing is that at release many electronic items are worth more to people than MSRP. Sony and Microsoft could have charged $800 - $1,000 for these systems and they would have still sold out. People who don't have one now would still be complaining but they would be complaining because they were too expensive and that those companies were just being greedy. What they want is the lower price and for the manufacturer to guarantee that they'll be able to get one the moment it releases because they feel like they're the ones who really want it the most. Well guys, I have bad news for you. There are other people who really want these toys as much as you and they're willing to dig deeper and pay more than you are to get them. So maybe they really want them more.
 
Yes, they are. You're forcing people to sell a product at a given price regardless of market reality.
You know how if you outlaw scalpers and now have to wait for the manufacturer to increase supply? And now you don't have access to the product at all?
Now try that but with food and medicine.
In my case, they were called "bachaqueros".
Now people wishes they were back.
You misunderstand. I never said anyone should be forced to sell at any price. A merchant should be free to set his own price. That's different to someone buying all the stock to create an artificial scarcity specifically to create a profit.
 

brian0057

Banned
You misunderstand. I never said anyone should be forced to sell at any price. A merchant should be free to set his own price. That's different to someone buying all the stock to create an artificial scarcity specifically to create a profit.
Yeah, but the problem is the merchant isn't allowed to increase the price.
38 of the 50 states made price gouging illegal.
You know what can mitigate (not necessarily erase) the scalper situation? Allowing retailers to increase their price above MSRP.
 

borborygmus

Member
It's up to the console manufacturers to work with retailers to look after their customers. If they don't, their customers get a worse experience. They already do "loyalty" stuff and this should be similar.

If 1 of the console manufacturers had a solution for this, it would increase customer loyalty.
 
Last edited:

Fbh

Member
For some products like basic needs stuff sure. Videogames, IMO not really.
Direct your anger at retailers and console manufacturers. I don't buy that there's literally nothing they could do to try and minimize scalpers , they probably just don't want to invest in it because they don't care and if anything scalpers just help them push PR numbers about how "fast" their console is selling.
 

phil_t98

#SonyToo
The companies cannot do anything to combat scalper groups purchasing thousands of units; when scalpers can acquire that many units, then companies simply cannot produce enough supply.

the easiest would be to launch at different times so there isenough stock. Yeah crap for us but would help it
 
I mean, first of all each country has its own laws. Even if nobody likes scalping apart from scalpers.. how would you even forbid it by law? I mean, if I buy something and regret my purchase for whatever reason, I should 100% be able to put it up for auction and sell it to someone.

How would you differentiate that from someone doing it systematically? I don't know, it seems like a dangerous road to go and a slippery slope. But like many already have said, stores should take much greater responsibility to prevent this shitty scumbag practice.
 
Yeah, but the problem is the merchant isn't allowed to increase the price.
38 of the 50 states made price gouging illegal.
You know what can mitigate (not necessarily erase) the scalper situation? Allowing retailers to increase their price above MSRP.
Forcing a price will lead to a black market. Retailers should be free to raise prices yes.
 

brian0057

Banned
Forcing a price will lead to a black market. Retailers should be free to raise prices yes.
But I don't want to punish those that buy in bulk and resale at a higher price. Let them deal with the lose of money when no one buys from them.
Allow retailers to increase prices and watch how scalpers are forced to drop the price in order to compete, losing money in the process.
 
No. That’s how markets work.

There’s nothing holy or special about people who can sleep overnight in front of a Gamestop, have the time/work flexibility to log in to Amazon to buy a console precisely at 11:00 am, or the time to literally hit the F5 key for hours at a time. A basic understanding of economics would really help dispel childish delusions of who “deserves” a console.

Some people have time to spend to acquire a console. Others have money to spend to acquire a console. Both time and money are economic costs. “Scalpers” cater to those with money to spend. The lineup of losers camping in front of Gamestop caters to those with near infinite time.

If retailers went back to bundling consoles with a couple of other items (games, subscriptions, controllers), everyone might be better off.
 

REDRZA MWS

Member
Free market. If someone has the expendable income and wants to pay scaler prices more power to them.

Conversely, as a gamer or parent, get that pre order in or wait til they become more readily available.

Its literally the same exact thing every new console launch. Very limited quantities, very high demand.
 
Selling your used stuff for any reason you want should not be controlled by the government.

If I had bought a PS5 and decided I needed the money I can get from selling it more than the actual machine I should be able to sell it back... that includes the possibility of a profit.

Also, note that there is a chance that some will not be able to sell their scalped consoles--don't be stupid about it, wait for stocks to come back and get a console from the second or third revision.... save money and don't encourage practices you disagree with. If nobody buys them, that won't happen at all when the next consoles launch.
 

EverydayBeast

thinks Halo Infinite is a new graphical benchmark
Scalping, flipping has been addressed this console launch but it’s not illegal practice. You got people spending hours on Walmart, Target sites up till 3 am trying to get consoles clicking refresh and so that’s more of an issue than scalping to me. Target, SONY and their lack of stock is the issue.
 
Actually I believe this is already illegal outside of dumbistan: bulk buying and reselling are legal, uppricing without distribution right is absolutely illegal and considered counterband trafficking (in civilised countries).
Can you list them? I'm fairly sure I don't want to move into civilization by mistake.
 

BluRayHiDef

Banned
Selling your used stuff for any reason you want should not be controlled by the government.

If I had bought a PS5 and decided I needed the money I can get from selling it more than the actual machine I should be able to sell it back... that includes the possibility of a profit.

Also, note that there is a chance that some will not be able to sell their scalped consoles--don't be stupid about it, wait for stocks to come back and get a console from the second or third revision.... save money and don't encourage practices you disagree with. If nobody buys them, that won't happen at all when the next consoles launch.

Buying a product with the intention of using it personally but then deciding to sell it due to becoming satisfied with it is not what this thread concerns.

This thread is about buying a product for the sole purpose of selling it for profit. That should be illegal, especially for the first quarter or two after a product is released.
 
Scalping, flipping has been addressed this console launch but it’s not illegal practice. You got people spending hours on Walmart, Target sites up till 3 am trying to get consoles clicking refresh and so that’s more of an issue than scalping to me. Target, SONY and their lack of stock is the issue.
I can see you have a lot of supply chain management experience, maybe they should hire you.

The only reason its less pronounced for some launches is because some products are less in demand... even if they create half or 1/4 of the most successful ones.

It's a temporary situation, give it a couple of weeks and we will be able to get our gadgets properly at msrp (unless you need an nvidia card, if the rumors are true THEY are scalping their own cards).
 
It's an odd area, scalping as an idea shouldn't be illegal but the use of bots that force the product out of people's carts should. They've already stopped it with scalping concert tickets online, if it were applied to any online transaction then it wouldn't be a huge reach and doesn't seem impossible. If someone just ends up with 3 ps5s that they got from different drops I'm fine with them reselling. When guys horde the market with bots and eliminate any chance for actual people it's a different story.
 

The_Mike

I cry about SonyGaf from my chair in Redmond, WA
It's electronic,not a fucking murder.

Let's make everything we don't like illegal.

I understand the frustration, but come on now.

Let's make it illegal to take more than 3 milk in the local store. Punishment?

aQdPnee_460s.jpg
 
Last edited:

CeeJay

Member
I voted yes because it would also apply to morons who panic buy.

Just make it illegal to sell someone x-amount of one item.
Just playing devils advocate...

What about shares in businesses, barrels of oil, large amounts of semi-conductors?

Or are you saying that you want to allow big business to buy in bulk but not the average person in the street?
 

Kataploom

Gold Member
Scalping sucks, but the State shouldn’t do anything about it. All it does is create even more problems to an already terrible situation (believe me, I’m from Brazil, the king of intervention).

images

I'm from Venezuela, your previous regime buddies are still there and yes... People seem to not imagine how worse things get worse by multiples whhen government put their hands on it "for the people"
 

llien

Member
This is what people called "deficit" in soviet union
When you fix prices, the way it was in USSR (a good thing, right?) if demand is greater than supply... something's going to happen.

You either agree to "who grabs it first, gets it" or to price hike.
There is no other way out.

Want it to stop? Don't buy overpriced stuff.
 
Last edited:

rob305

Member
Should never be illegal. However, retailers should add counter measures to prevent scalpers from ordering more than 1 console
 
But I don't want to punish those that buy in bulk and resale at a higher price. Let them deal with the lose of money when no one buys from them.
Allow retailers to increase prices and watch how scalpers are forced to drop the price in order to compete, losing money in the process.
I wouldn't want to either. Only in situations where people's lives become collateral damage is when problems would arise.
 
Top Bottom