I don't see how this is a criminal suit and not a civil suit. What they did was clearly against the wishes and TOS of TicketMaster, the MLB, and others. But criminal? Hardly.
They found a way to buy tickets better than the rest of us.
Why the government is pursuing criminal charges on behest of TicketMaster and Co. baffles me.
This isn't an industry, and these aren't companies, that I think need a lot of protection from Uncle Sam.
It's clear that TicketMaster doesn't really want to solve this problem. If they did, they could solve it the same way the airlines did. (Hint: not by having a captcha on the credit card info page.)
- It would be totally fair if the concert venue chose to not honor those scalped tickets since I violated their ToS, and if they told me what a d--- I was...
BUT
- I should not be arrested.
E.g. not only did they violate the TOS they also provided fraudulent information during a commercial transaction (buying the ticket). That's illegal.
Disclaimer: IANAL