Oregon Statutes 646A.115 – Software prohibited that interferes with sale of admission tickets to entertainment events; unlawful practice
(1) As used in this section:
Terms Used In Oregon Statutes 646A.115
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Venue: The geographical location in which a case is tried.
(a) ‘Admission ticket’ means evidence of a purchaser’s right of entry to a venue or an entertainment event.
(b) ‘Entertainment event’ means a performance, recreation, amusement, diversion, spectacle, show or similar event including, but not limited to, a theatrical or musical performance, concert, film, game, ride or sporting event.
(c) ‘Operator’ means a person that owns, operates or controls a venue or that produces or promotes an entertainment event, or the person’s agent or employee.
(d) ‘Resale’ means a sale other than an operator’s initial sale of an admission ticket for a venue that is located in or an entertainment event that occurs in this state, irrespective of the location in which the sale occurs or the means by which a reseller solicits or advertises the sale or delivers or receives payment for the admission ticket.
(e) ‘Reseller’ means a person other than an operator that conducts a resale.
(2) A person may not intentionally sell or use software, the purpose of which is to circumvent, thwart, interfere with or evade a control or measure, including a security measure or an access control system, that an operator or reseller establishes or uses to ensure an equitable distribution, sale or resale of admission tickets for an entertainment event.
(3) Violation of subsection (2) of this section is an unlawful practice under ORS § 646.608 that is subject to an action under ORS § 646.632 and 646.638. [2009 c.310 § 1]
RENTAL AND LEASE AGREEMENTS
(Lease-Purchase Agreements)