Beiqing Daily Commentary: Should the ticket-grabbing software be regarded as a scalper?

来源:北京青年报 Release time: 2019-12-30 10:44 Source: Beijing Youth Daily

"Which application can help me get tickets?" This is a compulsory test for the Spring Festival every year, and this year is no exception. The investigation found that no matter which software, eventually queued in the 12306 system, the acceleration package just increases the probability of successful ticket grabbing, and does not guarantee that the ticket will be grabbed. Some acceleration packages cannot be grabbed manually. Accelerated package Another criticized issue is the default check, hidden charges.

In recent years, during the Spring Festival Ticket Rushing, the infringement of ticket-grabbing software and acceleration packages has always been criticized by users and attracted public opinion. Unfortunately, I saw that the website 12306 blocked ticket-buying software channels through technical means, but did not use legal methods to manage ticket-buying software.

When this "technical ox" is free, the publicity will be exaggerated to induce passengers to purchase acceleration packages for benefits, such as the 93% and 95% success rates claimed by ticket-grabbing software. From the point of view of the "acceleration package cannot be grabbed manually", the promotion of ticket-grabbing software is relatively large, which is misleading and deceptive to the public. It is not ruled out that some passengers could grab tickets manually, but were misled by false publicity to spend more money to buy accelerated packages to grab tickets.

Therefore, a comprehensive and in-depth investigation should be conducted on the compliance of the promotional content of nearly 60 ticket-grabbing software. Once it was found to be misleading to the ticket purchaser, causing the buyer to spend more money, they should be punished in accordance with the Advertising Law and Public Order Management. Laws and other laws and regulations hold the legal liability of software operators for illegal ticket grabbing. This is an effective means to force the standardization of ticket promotion software to protect the legitimate rights and interests of passengers who buy tickets and the order of ticket sales during the Spring Festival.

The acceleration pack is checked by default and hidden charges, which is an obvious violation. According to the "Consumer Rights Protection Law", consumers have the right to make their own choices. Obviously, acceleration package operators cannot choose for consumers. Article 19 of the "E-Commerce Law" clearly stipulates that: E-commerce operators must remind consumers in a prominent way of tying goods or services, and must not use tying goods or services as an option for default consent. In addition, hidden charges are also suspected of violating the Price Law.

Therefore, for the Acceleration Package, which is checked by default and hidden charges, not only the users who have suffered losses should be held accountable to the operator according to relevant laws. At the same time, market supervision departments should also investigate and punish illegal operators in order to maintain market order and consumer rights. Relatively speaking, the cost of protecting passengers' rights through judicial channels is relatively high, and the supervisory department's initiative to investigate and deal with violations is more in line with expectations.

In particular, the question that needs to be explored is, shouldn't ticket-grabbing software be treated as a scalping scalper? During the Spring Festival each year, the railway public security department has effectively cracked down on scalping scalpers, effectively maintaining the order and fairness of ticket purchase. However, the "technical ox" such as ticket-grabbing software has never been cracked down according to law. Although the "technical ox" and the scalping scalper are a bit different, there are many similarities. Should they be governed by law?

Countdowns are profitable by selling tickets at increased prices, while ticket-buying software is profitable by selling acceleration packages, etc. This is the difference between the two, but both increase the burden on passengers who purchase tickets and affect the order and Tickets are fair. Some surveys show that 50% of people think that the speed of ticket rushing and the scalping of scalpers are essentially the same. The author suggests that you might as well treat the two "oxen" equally. Once the ticket-grabbing software and its acceleration package are considered as tactics by the oxen, it can not only prevent its false propaganda, but also stop its infringements such as default check and hidden charges.

Although the 12306 website continues to block ticket-buying software channels, it is effective, but not all problems can be solved by technical means, and legal means cannot be absent. Otherwise, the pressure on the 12306 website is still relatively large, and ticket grabbing software will cause the 12306 system to crash. Passengers who purchase tickets must also be rational. They must not only see the standby ticket purchase function on the 12306 website, but also see the risks of hidden charges, information leakage, etc. when using ticket grab software to grab tickets.

Editor-in-chief: Li Yuanfang

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