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Case 19-440, Document 59-1, 08/13/2019, 2631502, Page1 of 98

No. 19-440
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
BROKER GENIUS INC.,

Plaintiff-Counter-Defendant - Appellee,

v.

DREW GAINOR, SEAT SCOUTS LLC,


Defendants-Counter-Claimants - Appellants,

and
GUINIO VOLPONE, EVENT TICKET SALES LLC, RAY VOLPONE, 4311 N
161st St Omaha, NE 68116, STUART GAINOR, 69 Yates Rd Manalapan, NJ
07726, VOLPONE SOFTWARE LLC, 7202 Giles Road Suite 4 #330 La Vista,
NE 68128, GAINOR SOFTWARE LLC, 5706 Belmont Valley Ct. Raleigh, NC
27602,
Defendants.

On Appeal from the United States District Court


for the Southern District of New York

APPENDIX VOL. 2
HINCKLEY & HEISENBERG LLP
880 Third Avenue, Suite 15
New York, NY 10022
Phone: (212) 845-9094
Fax: (212) 820-9790
Counsel for Appellants
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APPENDIX VOL. 2 TABLE OF CONTENTS

1. Plaintiff's Exhibit 3 (Terms of Use)................................................... A292-303


2. Defendants' Exhibit CI (Patent Application) ...................................... A304-323
3. Excerpt of Plaintiff's Exhibit 466 ..................................................... A324-328
4. Excerpt of Defendants' Exhibit OG .................................................. A329-340
5. Defendants' Exhibit FA...................................................................... A341-342
6. Excerpt of Defendants' Exhibit FL ..................................................... A343-371
7. Defendants' Exhibit FN............................................ ........................ A372-406
8. Excerpt from Plaintiff's Demonstrative 1 (Eric Koskinen)............... A407-432
9. Excerpt from Defendants' Demonstrative OL (Marina Nitze)........... A433-469
10.Excerpt of Defendants' Exhibit G (Event Watcher design)................A470-473
11.Excerpt from Report of Marina Nitze (nee Martin)...........................A474-475

i
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TERMS OF USE

Updated: May 6, 2015

The following are the terms of use ("Terms") that govern your use of the Broker Genius Site, related
websites, applications, mobile platforms, services, tools, modules, integrated application sites and remote
services, servers, and services residing on servers owned and/or operated by third parties (collectively, the
"Site, Services or Apps"). Our Privacy Policy, Purchase Policy, and any other policies, rules or guidelines
that may be applicable to particular offers or features on the Site, Services or Apps are also incorporated
into these Terms. By visiting or using the Site, Services or Apps or using Broker Genius Apps, you
expressly agree to these Terms, as updated from time to time.

We are not responsible for the accuracy of any information displayed in our Apps, Services or Sites, for
any or untimely, latent or missed transaction. We are not responsible for user account data and are not
responsible or liable for accidental or intention data loss through the use of our Apps, Services or Sites.

We may make changes to these Terms at any time. Any changes we make will be effective immediately
when we post a revised version of these Terms on the Site or Apps. The "Last Updated" date above will
tell you when these Terms were last revised. By continuing to use this Site or Apps after that date, you
agree to the changes.

The Site or Apps are not intended for children under the age of 13 and no person under the age of 13 may
use the Site or Apps. We strongly encourage all parents and guardians to monitor the Internet use by their
children. If you use the Site or Apps, you affirm you are at least 13 years old.

Updates to Terms

We will notify you either through a direct communication, social medial channels or other mechanisms
when our terms of use and policy provisions change.

Account Registration

You will be required to register for an account to use certain features of the Site or Apps, such as but not
limited to, integrating with point of sale systems, purchasing a tickets, and listing tickets on ticket
exchange networks. Your account username may not include the name of another person with the intent
to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are
personal to you. You will be responsible for the confidentiality and use of your username and password,
and for all activities (including commercial transactions) that are conducted through your account. You
may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of
your username or password or the use by anyone else of your username or password. You may not use
another user's account without that user's permission. You will immediately notify us in writing if you
discover any unauthorized use of your account or other account-related security breach. We may require
you to change your username and/or password if we believe your account is no longer secure or if we
receive a complaint that your username violates someone else's rights. You will have no ownership in
your account or your username. We may refuse registration, cancel an account or deny access to the Site
or Apps for any reason.

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Third Party Access and Authorization

Broker Genius provides custom software solutions in order to optimize the ticket selling process. In order
to provide the most up-to-date information to you, we ask for and you provide your password and user
name to any ticket exchange account service that you wish to integrate with your Broker Genius service.

Furthermore, based on your use of the site, service and apps, Broker Genius may create and maintain, for
your sole benefit, an access or developer key to a 3rd party API or developer program. By agreeing to the
terms of use herein, you grant Broker Genius the right to obtain and implement a software strategy
that includes creating a developer instance or account on your behalf for your sole benefit, based on
3rd party account information, and implementing or operating a software solution for your benefit.
You further agree to be bound the restrictions of any and all 3rd party API or developer program terms of
use agreements. Stubhub’s API license agreement can be found here.

Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

Restrict or inhibit any other person from using the Site or Apps;

Use the Site or Apps for any unlawful purpose;

Express or imply that any statements you make are endorsed by us, without our prior written consent;

Impersonate any person or entity, whether actual or fictitious, including any employee or representative of
our company;

Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise
objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public
information about companies without authorization; or (c) any advertisements, solicitations, chain letters,
pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial
communication;

Submit, or provide links to, any postings containing material that could be considered harmful, obscene,
pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening,
harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years
of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes),
characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information
or other personal information identifying any third party;

Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or
intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual
orientation, gender, age, or disability;

Engage in spamming or flooding;

Harvest or collect information about Site or Apps users;

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Use or derive data to determine Broker Genius functionality, user information, aggregate statistics on
Broker Genius’s performance, or the performance of third party data integration partners.

Circumvent restrictions placed on the types and form of data available through Broker Genius or attempt
to subvert or compromise Tinoxomy’s ability to provide users with valid and accurate information.

Change, use or manipulate data in any way that is misleading to any user, customer, end user, or recipient
of information.

Violate the terms of use for

Ownership of Data, Content and Grant of Conditional License

The Site or Apps and all data, text, designs, pages, print screens, images, artwork, photographs, audio and
video clips, and HTML code, source code, or software that resides or is viewable, submitted or otherwise
discoverable on the Site or Apps (collectively, the "Content") is owned by us or our licensors. We own a
copyright in the Site or Apps and Content. We may change the Content and features of the Site or Apps at
any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license


to view or use this Site or Apps and its Content as permitted by these Terms, as a condition precedent,
you agree that you will not:

Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date
bombs, time bombs or other items of a destructive nature;

Manipulate identifiers, including by forging headers, in order to disguise the origin of any actions conduct
with or through the site or Apps;

Link to any portion of the Site or Apps other than the URL assigned to the home page of our Site or a
URL for user storage located within the Apps;

"Frame" or "mirror" any part of the Site or Apps;

Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the
Site or Apps or otherwise attempt to derive any source code or underlying ideas or algorithms of any part
of the Site or Apps;

Remove any copyright, trademark or other proprietary rights notices contained on/in the Site or Apps;

Use any robot, spider, offline reader, Site, Apps, search/retrieval application or other manual or automatic
device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the
navigational structure or presentation of the Site or Apps or its contents, including with respect to any
CAPTCHA displayed on the Site or Apps. Operators of public search engines may use spiders to copy
materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly
available searchable indices of the materials, but not caches or archives of such materials. We may revoke
this exception at any time;

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Take any action that imposes or may impose (in our sole discretion) an unreasonable or
disproportionately large load on our infrastructure;

Access, reload or refresh transactional event or ticketing pages, or make any other request to transactional
servers, more than once during any three-second interval;

Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or Apps or
the Content;

Use the Site or Apps or the Content in an attempt to, or in conjunction with, any device, program or
service designed to circumvent any technological measure that effectively controls access to, or the rights
in, the Site or Apps and/or Content in any way including, without limitation, by manual or automatic
device or process, for any purpose.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual
compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional
License section. This license exists only so long as you strictly comply with each of the provisions
described in this section. Any use of the Site, Apps or Content by you or anyone acting on your behalf
that does not strictly comply with each and every provision in this section exceeds the scope of the license
granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized
derivative versions of the Site, Apps and Content, and infringes our copyrights and other rights in the Site
or Apps and Content. You will not acquire any ownership rights by using the Site or Apps or the Content.

The registered and unregistered trademarks, logos and service marks displayed on the Site or Apps are
owned by us or our licensors. You may not use our trademarks, logos and service marks in any way
without our prior written permission. You may inquire about obtaining permission by writing:

Broker Genius, Inc.

181 South Franklin Ave.

Valley Stream, NY 11581

support@brokergenius.com

Transactions

You will pay all charges incurred by you or any users of your account and credit card (or other applicable
payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable
taxes. You will pay any applicable taxes for any sale or transaction for which taxes may be withheld or
otherwise be due to any government or body. You may only use credit or debit cards, gift cards or
vouchers that belong to you or to people who expressly authorize you to use such payment methods. You
may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses
to conduct transactions on the Site or Apps. You will not hold us liable if you do not comply with laws

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related to your transactions. We may provide law enforcement with information you provide to us related
to your transactions to assist in any investigation or prosecution of you. If we are unable to verify or
authenticate you provide during any registration, ordering, purchase, ticket posting, sale, authentication,
delivery, payment or remittance process, or any other process, we may prohibit you from using the Site or
Apps.

User Content and Data

By agreeing to the terms of use herein, you grant Broker Genius the right to access, retrieve, and/or
exchange information, including but not limited to historical, transactional, or usage or other data from or
with any point of sale systems, ticket network, or other 3rd party software platforms that you have
authorized for integration with the Site or Apps (“User Data”). You own all rights to your User Data.
You grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to
use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and
commercialize your User Data, in our sole discretion without any compensation or acknowledgment to
you or anyone else. This license will not affect your ownership in your User Data, including the right to
grant additional licenses to your User Data, except if it conflicts with these Terms. You will not make or
authorize any claim against us that our use of your User Data infringes any of your rights.

We may host reviews, message boards, blog feeds, social media feeds and other forums found on the Site
or Apps (collectively, "Forums"), and you may be able to submit suggestions, reviews, concepts, audio
and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site or
Apps ("User Content").

By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old
and have obtained your parent's or legal guardian's express consent to submit User Content.

You own all rights to your User Content. If you submit User Content to the Site or Apps, you grant us a
worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce,
modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your
User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter
discovered, without any compensation or acknowledgment to you or anyone else. This license will not
affect your ownership in your User Content, including the right to grant additional licenses to your User
Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any
User Content, or to attribute your User Content to you. You will not make or authorize any claim against
us that our use of your User Content infringes any of your rights.

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Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive,
obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will
not be liable for any loss or harm caused by the posting or your reliance on information obtained through
the postings.

You will be responsible for your User Content and the consequences of posting it. By submitting User
Content, you represent to us that (i) you own, or have the necessary permission to submit the User
Content and to grant the licenses to us under this section, and (ii) you have the written permission of
every identifiable person in the User Content to use that person's name and likeness in the manner
contemplated by the Site or Apps and these Terms or, if the person is a minor, the written permission of
the minor's parent or legal guardian.

We will have the right (but not the obligation) to monitor the Site or Apps, the Forums and the User
Content, and to disclose any User Content and the circumstances surrounding its submission in order to
operate the Site or Apps properly, or to protect ourselves, our sponsors and our users, or to comply with
legal obligations or governmental requests.

If we are notified that your User Content does not comply with these Terms, we may investigate the
allegation and may decide to remove your User Content and cancel your account.

Claims of Copyright Infringement On The Site or Apps

Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any
content on the Site or Apps infringes your copyright, you may send us a notice requesting that the content
be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b)
identification of the copyrighted work on our Site or Apps that is claimed to have been infringed (or a
representative list if multiple copyrighted works are included in one notification); (c) identification of the
content that is claimed to be infringing or the subject of infringing activity, including information
reasonably sufficient to allow us to locate the content on the Site or Apps; (d) your name, address,
telephone number and email address (if available); (e) a statement that you have a good faith belief that
use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a
statement that the information in the notification is accurate and, under penalty of perjury, that you or
your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice
of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You
may read more information about the DMCA at http://www.loc.gov/copyright.

Notices and counter-notices should be sent to:

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Copyright Officer

Broker Genius, Inc

support@brokergenius.com

There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor
before filing a notice or counter-notice.

Links

The Site or Apps contains links and access to other Websites or Apps that may not be owned or operated
by us. The fact that we may link to those website or Apps does not indicate any approval or endorsement
of those websites or Apps. We have no control over those websites or Apps. We are not responsible for
the content of those website or Apps, or the privacy practices of those website or Apps. We strongly
encourage you to become familiar with the terms of use and practices of any linked website or Apps.
Your use of other website or Apps is at your own risk and is subject to the terms of those website or
Apps. It is up to you to take precautions to ensure that whatever links you select or software you
download (whether from the Site or Apps or other Site or Apps) is free of viruses, worms, Trojan horses,
defects, date bombs, time bombs and other items of a destructive nature.

Parental Controls

We cannot prohibit minors from visiting our Site or Apps, and must rely on parents and guardians to
decide what transactions to enter into. There are parental control protections (such as computer hardware,
software or filtering services) available that may assist you in limiting access to material that is harmful to
minors. You can find information about parental controls at http://onguardonline.gov and
http://kids.getnetwise.org. We do not endorse the products or services listed at these website or Apps.

Access from Outside the United States

The Site or Apps is directed to people residing in the United States. We do not represent that Content
available on or through the Site or Apps is appropriate or available in other locations. We may limit the
availability of the Site or Apps or any service or product described on the Site or Apps to any person or
geographic area at any time. If you choose to access the Site or Apps from outside the United States, you
do so at your own risk.

Mobile Messaging

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We may offer browsing and mobile messaging services which may include alerts. Mobile messaging may
be provided by a 3rd party.

Message and data rates may apply, according to your rate plan provided by your wireless carrier. We will
not be responsible for any text messaging or other wireless charges incurred by you or by a person who
has access to your wireless device or telephone number. You may not receive our alerts if your carrier
does not permit text alerts. Your carrier may not allow you to use pre-paid phones or calling plans to
receive alerts. We may send you a bounce back message for every message you send to us. Service may
not be compatible with all wireless carriers or devices. You may opt out of any alerts as specifically
provided by any 3rd party provider.

We are not responsible for the accuracy of any information displayed in our mobile messaging, for any
mis-delivery or untimely delivery of any mobile messaging, or your deletion or failure to store any mobile
messaging from us.

Mobile Device Application

If you install or use our mobile application, software and services, including any accompanying
documentation (collectively, " Mobile App"), we grant you a limited right to install and use the App on a
single authorized device located in the United States and its territories or in another country where we
may offer the Mobile App. You may use the Mobile App for your personal, non-commercial and
entertainment purposes only. You agree to also comply with any App Store Terms of Service. We do not
grant you any rights to any related documentation, support, upgrades, maintenance or other enhancements
to the Mobile App. We will not provide you with any device, internet access or wireless connection to use
the Mobile App. We are not responsible for any interaction between you and another App user, or
information you transmit through the App (including your location).

Violation of these Terms

We may investigate any violation of these Terms, including unauthorized use of the Site or Apps. We
may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a
sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If
we determine that you have violated these Terms or the law, or for any other reason or for no reason, we
may cancel your account, delete all your User Content and prevent you from accessing the Site or Apps at
any time without notice to you. If that happens, you may no longer use the Site or Apps or any Content.
You will still be bound by your obligations under these Terms. You agree that we will not be liable to you
or any third party for termination of your access to the Site or Apps or to your account or any related
information, and we will not be required to make the Site or Apps or your account or any related
information available to you. We may refuse to honor pending and future transactions made from all
accounts we believe may be associated with you.

You agree that your abusive use of the Site or Apps may cause damage and harm to us, including
impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your

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abusive use of the Site or Apps are difficult to determine and that you, and those acting with you, will be
jointly and severally liable for liquidated damages.

Disclaimer of Warranties

WE PROVIDE THE SITE OR APPS AND THE CONTENT TO YOU "AS IS" AND "AS
AVAILABLE". WE TRY TO KEEP THE SITE OR APPS UP, BUG-FREE AND SAFE, BUT YOU
USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT
THE SITE OR APPS WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE
OR APPS WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR
IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF
THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND
UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE
AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT
APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL
CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT TH E
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Limitation of Liability

IN NO EVENT WILL WE OR OUR SUPPLIERS, ADVERTISERS AND SPONSORS, BE


RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY
KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT
OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR APPS,
THE USER CONTENT AND DATA, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH
THE SITE OR APPS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON AN Y
CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE
FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO
LIABILITY OR RESPONSIBILITY WHATSOEVER FOR:

(a) ANY FAILURE OF ANOTHER USER OF THE SITE OR APPS TO CONFORM TO THE CODES
OF CONDUCT,

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(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,


WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR SITE OR APPS,

(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN,

(d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS
OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR SITE OR APPS,

(e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR

(f) ANY LOST, STOLEN OR DAMAGED TICKETS or TRANSACTIONS, OR THE FAILURE OF A


VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR
DISSATISFACTION WITH THE SITE OR APPS IS TO STOP USING THE SITE OR APPS. THE
LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY
ARISING OUT OF THESE TERMS OR THE USE OF THE SITE OR APPS WILL NOT EXCEED
THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US
IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR
LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.

Indemnification

If anyone brings a claim against us related to your use of the Site or Apps, your User Content or your
violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event
providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents,
harmless from and against any and all claims, damages, losses and expenses of any kind (including
reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim,
and you will cooperate fully with us in asserting any available defenses.

Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Site or Apps, or to products or services sold or
distributed by us or through us, will be resolved by binding arbitration rather than in court, with the
following exceptions:

You may assert claims in small claims court if your claims apply;

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If a claim involves the conditional license granted to you as described in the Ownership of Content and
Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court
located within New York County, New York, and we both consent to the jurisdiction of those courts for
such purposes; and

In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any
litigation against us (except for small-claims court actions) may be commenced only in a federal or state
court located within New York County, New York, and we both consent to the jurisdiction of those courts
for such purposes.

The arbitration agreement in these Terms is governed by the Federal Arbitration Act. It is intended to be
broadly interpreted, and will survive termination of these Terms. There is no judge or jury in arbitration,
and court review of an arbitration award is limited. However, an arbitrator can award on an individual
basis the same damages and relief as a court (including injunctive and declaratory relief or statutory
damages), and must follow these Terms as a court would.

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{10153/808000-000/01310257.1}11

CONFIDENTIAL - ATTORNEYS' EYES ONLY A-302 BG-SS000004622


Case 19-440, Document 59-1, 08/13/2019, 2631502, Page14 of 98

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{10153/808000-000/01310257.1}12

CONFIDENTIAL - ATTORNEYS' EYES ONLY A-303 BG-SS000004623


Case 19-440, Document 59-1, 08/13/2019, 2631502, Page15 of 98
Illlll llllllll II llllll lllll lllll lllll lllll lllll lllll lllll 111111111111111111111111111111111
US 20150025918Al
c19) United States
c12) Patent Application Publication c10) Pub. No.: US 2015/0025918 Al
Sherman (43) Pub. Date: Jan. 22, 2015

(54) FORECASTING AND MANAGEMENT (52) U.S. Cl.


SYSTEM AND METHOD CONCERNING CPC ............ G06Q 10102 (2013.01); G06Q 3010206
TICKET TRANSACTIONS IN MULTIPLE (2013.01)
MARKETS USPC .............................................................. 705/5

(71) Applicant: Broker Genius LLC, Far Rockaway,


NY(US) (57) ABSTRACT

(72) Inventor: Shmuel Sherman, Far Rockaway, NY


(US) System and methods of managing ticket inventory multiple
ticket exchanges receive a selection oflisting data relating to
(21) Appl. No.: 14/328,457 a set of tickets in a user's ticket inventory; identify, based on
the listing data and one or more predefined user preferences,
(22) Filed: Jul. 10, 2014 a set of available ticket listings listed on a ticket exchange
representing a relative market with which to compare the
Related U.S. Application Data listing data; determine a current market price and a future
(60) Provisional application No. 61/847,003, filed on Jul. market price for the relative market; assess whether the future
16, 2013. market price exceeds the current market price; and set a
listing price based on the assessing step. The listing price is
Publication Classification set relative to a reference price when the future market price
does not exceed the current market price. The reference price
(51) Int. Cl. is monitored for changes; and the listing price is dynamically
G06Q 10102 (2006.01) adjusted as required to remain priced relative to the reference
G06Q30/02 (2006.01) price.

100

180
;
Point of Sale
(POS)

!GO 170
Primary Market Secondary Market
Seller(s) Server(s) 105 Exchange(s) Server(s)

190 125
Public i Social Network Purchaser
Databasc(s) (e.g., Social Computing
Media, Ratings Sites, Device
Team Websites, etc.)

System Server 110


Seller Device 120
Server Comnrunication Interface 130
Processor ill
I Server Memory 135 Device
Processor
Server Module(s) 140 123
Communication Module 141 User
Interface
Authentication/Account Module 142
125
Auto - Lister Module 143 Communic:ation
Iuterface
Broker Dash Module 144
127
Forecast Model Module 145 Software Modules
Auto- Pricer Module 146
Notification Module 147 150
System
Transaction Module 148 Databaso(s)
Auto - Accountant Module 149

A-304
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Patent Application Publication Jan. 22, 2015 Sheet 1 of 5 US 2015/0025918 Al

100

Fig. 1
180
;
Point of Sale
(POS)

160 170
Primary Market Secondary Market
Seller(s) Server(s) Exchange(s) Server(s)

190 125
Public I Social Network Purchaser
Database(s) (e.g., Social Computing
Media, Ratings Sites, Device
Team Websites, etc.)

System Server l l 0
Seller Device 120
Server
I Communication Interface 130
I
Processor
125 I Server Memory l 35
I
121
Device
Processor
GE] e

Server Module(s) 140 123 124


Communication Module 141 l User
Interface
Input
Devices
Authentication/Account Module 142
125 126
Auto-Lister Module 143 Communication Electronic
Interface Readers
Broker Dash Module 144

I Forecast M<ldel Module 145


I
127
Software Modules I
I Auto ~ Pricer Module 146

I Notification Module 147 150


System
I Transaction Module l 48 Database(s)

I Auto -Accountant Module 149


I

A-305
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Patent Application Publication Jan. 22, 2015 Sheet 2 of 5 US 2015/0025918 Al

200

210 Login
)
Predict (Determine)
220 which tickets to purchase

230
Purchase tickets

240 Access ticket data


FIG. 2

Determine preferences for


250
listing tickets

List tickets on one or


260 more exchange servers

Manage sales and


270
inventory

280 Account for P & L

A-306
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page18 of 98

Patent Application Publication Jan. 22, 2015 Sheet 3 of 5 US 2015/0025918 Al

300

Fig. 3 /
l11ve111my Uplo2ded m
Server
302

Recciv~ S ckc1i11n of
304
Listing to l'ncc

Receive Usc.-..Dcfincd Prcl'<:rcnces


l e.g .• Listing Di!Turcntial, Price l'luor. 306
Allowed Splits, l!tc.)

ldemily Rchitll·c Markl!t


(i.e" Com11ar-Jble Li~ting$)
308

Dcrcrminc Current
Market Pric~ (C"Ml'J

De1ennine Futur"
Market l'riN (rMl'J

Sci LL~1ing Price Rcla1i1·c to a Firs I Yes


Rclcrcncc Price (e.g., At ur Below I+---<
318 Current M 11rkd l'ricc) Bascil on 16
Uscr-Defin~d l'relilrcnces

334

328

Ilpdmc 340
Ac..:ounting

336
END

A-307
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page19 of 98

Patent Application Publication Jan. 22, 2015 Sheet 4 of 5 US 2015/0025918 Al

-----·.,Ii
I'

Ii
rl
I!
I•
I;

A-308
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page20 of 98

Patent Application Publication Jan. 22, 2015 Sheet 5 of 5 US 2015/0025918 Al

!lof<I' COlit Too(·•:·''.


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or3
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Fig. SA

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11Cket.s ·
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~attic Scahawks Upper Level Comi··.·.. c11oose TM Best sec11on.
328 .·. , Upper 401 .;:, Sell my tic l\et all togeme1·.
Tickets
(o< D;in't .:eave me 1~flh a smgle licKel
Francisco 49eis al · Choose The Price
U.pper Level Corn . 0 You Wan: To uvk!ad The TlcKel' >
Seahawks
~attle
316 : 223
T1cke\s
'j I/) Se TM Lowest In "The set lion.
Francisco 49ers al
o:iatle Seahawks
Upper Leve: Sidelitj Select The Pacf".s. i2B
T1clrnts
330 j
""'',<;" ~ •--,•T••o~"°''":-~··••' 'T""'.''"''"'~' ,~ b \ "'':~· '"

Fig. SB

A-309
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page21 of 98

US 2015/0025918 Al Jan. 22, 2015


1

FORECASTING AND MANAGEMENT one or more online ticket exchanges. Large sellers or brokers
SYSTEM AND METHOD CONCERNING account for about 60% of total secondary market inventory, or
TICKET TRANSACTIONS IN MULTIPLE roughly $6 billion dollars per year. Brokers rely on profits
MARKETS from selling sought-after tickets that have sold out on the
primary market. However, ticket exchange industry leaders,
CROSS-REFERENCE TO RELATED such as StubHub®, charge sellers 15% per transaction, sig-
APPLICATIONS nificantly cutting into a broker's profits. Exchanges also
charge an additional 10-25% fee to the buyer.
[0001] This patent application claims the benefit of priority
from U.S. Provisional Patent Application Ser. No. 61/847,
003, filed on Jul. 16, 2013, entitled "Forecasting and Man- The Players:
agement System and Method Concerning Ticket Transactions [0007] Exchanges-Primary ticket exchanges act as inter-
in Multiple Markets," which is hereby incorporated by refer- mediaries between the artist, concert promoter, sports team,
ence as if set forth in its entirety herein. sports league, etc., and the buyer. Secondary ticket exchanges
act as intermediaries between secondary ticket buyers and
FIELD OF THE INVENTION
sellers. Most exchanges take 25% of the total transaction, or
[0002] The present invention relates to a ticket manage- $1.3 billion of estimated revenue in 2013. Although
ment platform, and more particularly, to forecasting and man- exchanges will have variances in their fee structure, it is often
agement systems and methods concerning ticket transactions a 15% seller fee and 10% buyer.
in multiple markets. [0008] The Sellers-Ticket brokers account for 60% of the
$10 billion in total secondary market supply. There are a
BACKGROUND OF THE INVENTION projected 3,000 ticket brokers competing in this marketplace.
The average broker holds $2 million worth of inventory (i.e.,
Ticket Industry Background: tickets previously purchased on the primary market for the
[0003] Tickets for events, such as sporting events and con- purpose of being resold on the secondary market). The aver-
certs, are typically sold first on a primary ticket market and age broker sells about 40,000 tickets per year and has an
often resold on a secondary ticket market. The primary mar- average 10,000 total listings. A listing can include one or
ket as described herein refers to the original ticket issuer(s)/ more tickets. Average listing, including downloading and
seller( s) ofa particular type of event ticket. For sports tickets, uploading tickets, takes approximately 1 minute. The average
purchasing from the primary market means buying tickets to broker spends about 166 hours per year on listing tickets
either a single game, a multi-game package, or season tickets, alone.
directly from the team. For concert and theatre tickets, pur- [0009] Presently there are no suitable options to enable
chasing tickets from the primary market means buying sellers in the secondary ticket market to determine which
directly from the artist or through a concert promoter. tickets to buy on the primary market, and to manage ticket
[0004] There are a number of primary ticket sellers, which inventory on the secondary market. Furthermore, there are no
together make up the primary ticket market. For example, suitable options for the management of ticket inventory on the
Ticketmaster® is the industry leader for selling primary mar- primary and secondary markets. It is with respect to these and
ket tickets. It has technology in place which allows teams, other considerations that the disclosure made herein is pre-
artists, and promoters to have their tickets listed and mar- sented.
keted. In 2010, Ticketmaster® owned an estimated 70% pri-
mary market share of the concert market. It is also the primary SUMMARY OF THE INVENTION
ticket seller for 27 of the 30 National Hockey League (NHL)
teams, 28 of 30 National Basketball Association (NBA) [0010] Technologies are presented here which describe
teams, and all 32 National Football League (NFL) teams. forecasting and management systems and methods concern-
Additional example primary market outlets include AEG ing ticket transactions in multiple markets.
(AXS.com), Tickets.com, Ticketfly, Eventbrite, Etix, Tele- [0011] According to a first salient aspect of the invention, a
charge, and Comcast Tix. method of managing ticket inventory on one or more ticket
[0005] By definition, the secondary ticket market com- exchanges is disclosed. The method is performed by a server
prises tickets that are for sale which have previously been having memory, a processor, and one or more code sets stored
purchased on the primary market. The secondary ticket mar- in the memory and executable in the processor. The method
ket has grown by an amazing 25%+ per year since 2002. This includes the steps of receiving, at the processor, a selection of
explosion in the market has taken the industry from annual first listing data relating to a first set of one or more tickets in
sales of $100 million in 2002 to an estimated $10 Billion in a user's ticket inventory; identifying, by the processor, based
2013. The secondary ticket market is roughly 22% of the $45 on the first listing data and one or more predefined user
billion per year primary ticket market (all sports, concert, and preferences, a set of available ticket listings listed on a first
theater tickets). With steady 10% growth, the secondary mar- ticket exchange representing a first relative market with
ket would account for $17 Billion in annual sales by 2017. which to compare the first listing data; determining, by the
[0006] Generally, there are two main categories of sellers processor, a current market price for the first relative market;
who resell tickets on the secondary market. The first category determining, by the processor, a future market price for the
comprises individuals who have season tickets and wish to first relative market; assessing, by the processor, whether the
sell seats for the games they cannot attend. The second cat- future market price exceeds the current market price; and
egory includes ticket brokers whose sole purpose in purchas- setting, by the processor, a first listing price for the first set of
ing tickets from the primary market is making a profit when one or more tickets on the first ticket exchange based on the
reselling them on the secondary ticket market, typically via assessing step.

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US 2015/0025918 Al Jan. 22, 2015


2

[0012] The method further includes setting the first listing [0018] FIG. 2 shows a broad flow diagram of a method of
price above the current market price when the future market forecasting and managing ticketing transactions in one or
price exceeds the current market price; and setting the first more markets according to at least one embodiment of the
listing price at or below the current market price when the invention;
future market price does not exceed the current market price. [0019] FIG. 3 shows a detailed flow diagram illustrating
Furthermore, the method includes setting the first listing price elements of a method for providing forecasting and manage-
equal to the future market price when the future market price ment systems and methods concerning ticket transactions in
exceeds the current market price, setting the first listing price multiple markets according to at least one embodiment of the
relative to a first reference price when the future market price invention;
does not exceed the current market price; monitoring the first [0020] FIG. 4 shows an example screenshot of the Broker-
reference price for any change in the first reference price; and Dash application described herein in accordance with at least
dynamically adjusting the first listing price as required to one embodiment of the invention; and
remain priced relative to the first reference price provided [0021] FIGS. SA and SB show example screenshots of
dynamically adjusting the first listing price would not cause ticket information retrieved from an exchange server, and a
the first listing price to be set outside a predetermined range. user input prompt for a user to enter listing criteria, respec-
[0013] Additionally, in some embodiments, the first refer- tively, according to at least one embodiment of the invention.
ence price is one of the current market price and one of the set
of available ticket listings representing the first relative mar- DETAILED DESCRIPTION
ket. In some embodiments, setting the first listing price rela-
tive to the first reference price further comprises setting the [0022] By way of overview and introduction, exemplary
first listing price with a predetermined price differential rela- embodiments of the systems and methods of the invention
tive to the reference price, the price differential being one of described herein are intended to automate the ticket manage-
a dollar amount and percentage amount. Furthermore, addi- ment process, including purchasing, listing, pricing, fulfill-
tional aspects of the method include sending an alert when ment, data entry, and accounting for sellers who list their
dynamically adjusting the first listing price would cause the tickets manually or via their Point of Sale (POS) infrastruc-
first listing price to be set outside the predetermined range. ture, and allows users to manage all of their electronic tickets
[0014] In some embodiments, the method further includes from one interface, including, for example, editing electronic
setting the first listing price relative to a second reference tickets and splitting them into different file types. The inven-
price when dynamically adjusting the first listing price would tion also uploads users' ticket listings seamlessly to multiple
cause the first listing price to be set outside a predetermined secondary ticket exchange servers and integrates with them in
range, wherein the second reference price is higher than the real time, so as to remove the risk of double-selling (selling
first reference price. In other embodiments, the method the same tickets on more than one exchange). The embodi-
includes setting a second listing price for the first set of one or ments of the systems and methods described herein can also
more tickets on a second ticket exchange of the one or more be used by sellers in the primary market (e.g., teams or con-
ticket exchanges based on a second relative market of the cert promoters selling tickets directly), and by purchasers
second ticket exchange; monitoring the first ticket exchange buying tickets on the primary and/or secondary markets, to
and the second ticket exchange for a purchase of the first set compare listings, automate selling and purchasing, and mini-
of one or more tickets; and removing the first set of one or mize costs, etc.
more tickets from the second ticket exchange when the first [0023] This is accomplished in accordance with several
set of one or more tickets are purchased on the first ticket aspects of embodiments of the invention as described below
exchange. by providing a network enabled system which allows users to
[OOlS] Furthermore, in accordance with additional aspects access sales data from previous ticket sales and enable the
of the method, the method receives by the processor, a selec- system to determine the best time and/or price point at which
tion of second listing data relating to a second set of one or to purchase/sell tickets, manage purchase ticket inventory,
more tickets in a user's ticket inventory; sets a second listing pricing, and selling, and account for profit and loss margins to
price forthe second set of one or more tickets on the first ticket enable future purchases. These concepts can be incorporated
exchange relative to the first listing price of the first set of one into the system as described below.
or more tickets; and dynamically adjusts the second listing [0024] Embodiments of the system include an application
price as required to remain priced relative to the first listing called Broker-Dash comprising instructions such as code
price. In some embodiments, setting the second listing price stored in memory of a server and executing in a processor of
relative to the first listing price further comprises setting the the server which communicates with the memory. The Bro-
first listing price with a predetermined price differential rela- ker-Dash application allows users to analyze millions of
tive to the reference price, the price differential being one of pieces of sales data in easy to digest charts and graphs. This
a dollar amount and percentage amount. helps brokers better price their inventory and make better
[0016] According to a second salient aspect of the inven- buys in the future. The system can likewise be used by pri-
tion, a system on which the methods described can be imple- mary market sellers to list and price tickets. The Broker-Dash
mented is also disclosed. These and other aspects, features application is configured to access sales data from each event
and advantages will be understood with reference to the fol- listed on one or more primary and/or secondary market ticket
lowing description of certain embodiments of the invention. exchange servers ("exchanges servers"), for example,
through an application program interface (API) associated
BRIEF DESCRIPTION OF THE FIGURES with a ticket exchange, etc., just before the event goes offline
[0017] FIG. 1 shows a high-level diagram illustrating an (typically the day after the event, when tickets are no longer
exemplary configuration of a forecasting and management being sold). This data is stored into a database for future
system for ticket transaction, according to at least one analysis. The data can include any information relevant to the
embodiment of the invention; listing including event name, date, zone, section, row, total

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3

sold, delivery method, date sold, artist name, team(s ), day of events to buy tickets for, how many to buy, when the most
the week, venue name, city, state, ticket splits (explained optimal time is to sell, and which areas of the stadium will
below), proximity to event, date range, etc. When the event is produce the highest margins.
a sports event, the data typically includes the home team and
the opposing team. [0031] The system further includes an Auto-Lister applica-
tion comprising code stored in memory of the server and
[0025] The Broker-Dash application is also configured to executing on the processor, which can access order history
access current and future events to retrieve market price (price data of primary market seller servers. After a user (ticket
ofunsold inventory) and sales data (transaction data for future seller) has made a purchase from a sports team, concert pro-
events), and show trends. In addition, the system can calculate moter, theater, or venue (for example, using the forecast
the most popular and sought-after artists and events by model program), the order details are typically stored on the
searching through a predetermined amount of future time, backend server of the ticket issuer. The system can be con-
such as the upcoming four months of events, and determine figured to use the user's login credentials and access the order
which events have the highest average sold ticket price, most history portion to extract and parse all the relevant informa-
tickets sold etc. These data points will allow a user to see how tion related to the user's purchase( s), including, for example,
the market is moving for a particular event in real time. the Event Name, Purchase Date, Order Cost, Venue, Event
[0026] The system also includes a forecast model applica- Date, Event Time, Section, Row, Seats, Quantity, Confirma-
tion comprising instructions such as code stored in memory tion Number, and ticket type (electronic, paperless, or hard
of the server and executing in the processor, which accesses tickets). If the tickets are electronic, the program can down-
concrete sales and market data and regresses the sales and load them (e.g., as pdffiles) onto the system server.
mark data based on social metrics, and generates a forecast
model based on the results. By determining which social [0032] The user can then log into the system and view the
metrics show direct correlation to ticket sales, the forecast user's ticket data (recently pulled ticket data). The user's
model is accurately able to predict which events (and within tickets are available there to download, split (e.g., ifthe user
them, zones and sections at events) will sell at the highest had 4 tickets and wanted to only download 2 of them), or edit
profit with a high degree of accuracy. (e.g., delete user's name and/or ticket list price). The user can
also select the criteria for the Auto-Lister application to list
[0027] The forecast model comprises many sets of data. the tickets on the one or more exchanges. The system can be
First, it relies on sales and market data accessed from one or configured by code executing in the processor to choose the
more exchange servers. Sales data from each event listed on correct section, as the program will take the section and
an exchange server is saved before it expires as described compare it to any section with that value (i.e. 401 can be upper
above. Additionally, the system aggregates transaction data 401 or lower 401) on each exchange server. The system can be
(sold tickets) and market data (unsold tickets) from all future configured to select the correct section, for example, by com-
events listed on the exchange servers, and the forecast model paring the specific specifications of each available option
program incorporates this data as well. The program can (e.g., seats per row, rows per section, etc.) and determining the
receive fresh data for the next six months of events, for proper match. As will be explained in detail below, the system
example, on a daily basis, or as desired. can then receive a selection from the user of how the user
[0028] The model relies on the fact that supply and demand would like to sell the tickets. For example, the system can
determine market price. To determine demand, the program employ a "make my ticket the cheapest" option which can
can weigh several sets of data including, for example, demo- compare the user's ticket listing to the corresponding listings
graphic and population data for each Designated MarketArea for that particular zone listed on exchange servers. The user
(DMA) in which an event is held, total capacity of the venue, has the flexibility to set tickets as the cheapest two-pack,
how many tickets were sold for comparable events, total three-pack, etc., in the entire zone or only in that section, for
social media popularity based on, for example, Twitter® example. The user can also select how to allow tickets to be
mentions, Twitter followers, Facebook® fans, Wikipedia hits, sold (i.e. to list his four-pack as "Sell my ticket all together,"
Google® searches, YouTube® and other video sharing hits, "Don't leave me with a single ticket," or "sell in splits of
total songs on the Billboard chart (by genre), or any other (1,2,3, etc.)." The user can also include any additional ticket
relevant social media metric and/or combination thereof. The features and/or required disclosures. A feature can be, for
data can all be weighed based on the DMA that the show is in. example, a parking pass, tailgate passes, in-seat wait service,
[0029] To measure supply in accordance with embodi- free drinks, etc. Required disclosures can include wheelchair
ments of the invention, the program can note how many only seat, obstructed view, etc. These can raise or lower the
tickets are available in each zone at a venue and how many value of the tickets.
tickets are available in total. The system then measures how [0033] Then, as explain below, the system can be config-
the demand would measure against the supply and if that ured to set listings at "market price" (based on the system
would result in tickets staying flat, increasing, or decreasing. algorithm) or set listings at a percentage or dollar amount
The program can run as many regression analyses as neces- above or below market price, depending on user preferences.
sary until it is able to accurately determine predictions based In some embodiments, the system can be configured to deter-
on all the criteria and available data. At this point, desired mine a market price by identifying the most expensive ticket
tickets can be purchased by the system. listings (the highest 50%, for example) within a specific zone
[0030] The main concept behind the forecast model is that or area and excluding those listings from the total set of
by gaging the social "tone" within a certain D MA, the system listings. The system can then be configured to take the
is able to accurately predict how much consumers are willing remaining ticket listings (e.g., the remaining 50%) and aver-
to pay for future events based on past similar trends. This, age the listing prices to get a current market price. In some
coupled with direct data on the supply side, provides a model embodiments, the system can be configured to use predeter-
that provides 90%+ accurate predictions regarding which mined user inputs. In some embodiments, the system can be

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configured to use machine learning to evaluate past user pref- date is a single date, or date is ranged. To determine the
erences and determine user preferences based on those past correct date, the system can then be configured to search for
user preferences. event name, for example by accessing a search engine, e.g. on
[0034] In accordance with further embodiments of the the Internet or a search engine of the actual exchange where
invention, the system can be prograrmned with an automatic tickets are listed and/or an API of the exchange, by entering
set-pricing on all listings. For example, the system can be the event name and date(s) and finding the correct event. The
configured to automatically ensure that a set of tickets will be system can then be configured to access the event on the
the cheapest two-pack in the user's zone or section, as well as desired exchange server, and upload the tickets. Ticket data
automatically managing ticket splits (i.e. "Don't leave me can also be received by parsing confirmation e-mails (e.g,
with a single ticket"). The system can receive inputs repre- accessing an e-mail client) and/or by extracting PDFs from
senting the user selections of the listings the user wants to be e-mail attachments and parsing the PDFs. Based on user
auto-listed (for example, the user can select all tickets, or preference, there are four (4) different delivery methods for
there may be a couple tickets the user does not want to be tickets: Tickets can be mailed via mail carrier, tickets can be
listed). The system can then be further configured by code in PDF format and user does not want to upload the PDF,
executing in the processor to upload all the listing specifica- ticket is in PDF and user wants to upload the PDF, or tickets
tions (including price) and associated files as listing data into can be listed for "local pickup." Based on user preferences,
the one or more exchange servers. In addition, the system can the system can upload the tickets to be listed in the desired
be configured to load ticket data into POS systems. Addition- manner.
ally, an Auto-Pricer application (described below) can be [0047] Brokers typically price their tickets in one of two
integrated with the Auto-Lister application. A user can ways: they either price high because they believe the market
employ the systems and methods described herein to select will go up, or they price at "market price" so that they can sell
auto pricing at the time the user lists the tickets. their tickets now at as high of a price as possible. When
[0035] Below is a brief overview of how the Auto-Lister brokers "price to sell," they determine "market price" based
lists tickets in accordance with embodiments of the invention: on comparable tickets that a buyer might be looking for. There
[0036] 1. User enters system account credentials. are several factors that brokers consider when they are trying
[0037] 2. The system sends an http request to the server to be within market range:
and confirms the login details.
[0038] 3. If authentication fails, a prompt message is [0048] 1. Their particular "zone" in the stadium. Each
shown to enter the details again. zone is generally comprised of several different sec-
[0039] 4. If credentials are correct the user will be able to tions. The zones are divided by location within a sta-
select the listings which the user wants to list on an dium. A basic example would be a stadium comprising
exchange server. three zones: Upper, Middle, and Lower.
[0040] 5. The system is configured to send a request to [0049] 2. Their section within that zone. For example,
the exchange server and query the data; the returned data Upper level sideline at a football stadium may contain
includes the user preferences for listing the tickets and sections that range anywhere from the 15 yard line to the
the ticket details, along with the preferences the desktop 50 yard line. Even though all these sections are the
app downloads the corresponding tickets. highest level in the stadium, buyers will generally pay a
[0041] Examples of the information returned from the premium for tickets closer to the 50 yard line. Therefore,
server is contained in the following tables: a seller would base the price off of a few similar sections
[0042] Events Database within that zone, but not the entire zone.

Account Event Purchase Order Venue Event Event Section Row Seats Quantity PDF
ID Name Date Cost Date Time File
ID

[0043] PDF Files Table [0050] 3. The ticket split. This refers to how many seats
the seller has together. The reason this is important is that
there are many times where there are many tickets in a
IPDF File ID I PDF File Binary particular area but the large majority are two-packs. If,
for example, a seller is the only four-pack in that section,
the seller's tickets may be worth 100% more than the
[0044] Preferences Table two-packs next to those tickets even in the same row.
[0051] 4. Row range. Typically, the lower the row the
higher the ticket price in that zone/section. Therefore, a
Event ID Upload Tickets Packs Criteria rice seller with row 1 tickets who wants to be the cheapest
two-pack within a specific range will not typically be
competing against another broker with row 15 tickets.
[0045] 6. The information is processed by the system and The seller may opt to be the cheapest in the first 5 rows,
the tickets are uploaded. for example.
[0046] The system can be further configured by the auto- [0052] 5. Delivery method. Electronic delivery and
lister application to check the date of the event, in which there instant download tickets are often priced higher than
are three possible conditions: date is not given (i.e., TBD), mail carrier ticket delivery. This is due to the fact that

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buyers can be impatient and would pay $20 more to have also decide which exchange or exchanges to price against. For
the tickets immediately, rather than to wait for them to example, a user who sells most of his or her inventory through
arrive via mail carrier. In addition, the cost for mail one exchange server could choose to auto price based on that
delivery can be upwards of $17, as opposed to $6 for exchange server market pricing and not another exchange
e-delivery. Therefore, a user (seller) may be pricing server. This program can also work to simply send notifica-
against all electronic tickets in an area but not all tickets tions/alerts in lieu of changing pricing. The system can be
(including mail carrier delivery). configured to send notifications based on a user's frequency
[0053] The system therefore further includes an Auto- preferences, letting the user know how many tickets are out of
Pricer application, comprising code stored in memory of the market range. The program can also notify the user separately
server and executing on the processor. The Auto-Pricer for every listing.
instructs the system to pull all of a seller's inventory data from [0056] In addition to alerts for price floors and ceilings,
either an exchange server's back end (database) or from the other alerts can be implemented, such as alerts which tell
seller's POS. The system can then be configured to filter the users they are either priced too high, too low, or that the
listings, for example, by date range and by artist/team. A market is trending closer or further away from the user's
user's imported listings include the event information such as target price. Particularly with regard to the forecast elements
artist, date, zone/section, row, seats, and quantity for each of the auto-pricer, if the future market price is the user's
event. When a user selects a listing, the user is able to choose target, that price can always fluctuate based on several factors.
which tickets or type of tickets to price against, as described Therefore, if the auto-pricer application had been set to price
above. The system receives a selection of either all delivery high initially based on the forecast telling the user that the
methods or only the specific delivery methods the user wants target price was three weeks away, and the price actually
to beat (e.g., instant download only). The system then trends down, the alert can inform the user to reset the criteria
receives a selection of the ticket split (e.g., if the user has a or could instruct the system to automatically adjust.
four-pack, the user can choose to be the cheapest two-pack or [0057] Once tickets are purchased, in accordance with
the cheapest four-pack). The Auto-Pricer application then embodiments ofthis invention, a ticket issuer on the primary
configures the system to pull all the zone information based market can either deliver tickets in a conventional manner, or
on the user criteria and displays current lowest price in each can use the systems and methods described herein to provide
area. The user can select the zone(s) the user wants to price an optional delivery system employing finger print recogni-
against and Auto-Pricer application moves the listings to tion technology that serves as a central Point of Sale to a team,
those sections, which also show the lowest pricing based on promoter, and/or Venue. Specifically, a purchaser creates an
the user's preset criteria. The user can either select all of the account with the ticket issuer and, using a smartphone or
sections or specific sections to be accounted for. Finally, after tablet, either uses a finger scanner or takes a picture of his or
choosing the sections, the program can display all the rows her right index finger to record a fingerprint. The purchaser's
with the selected criteria. The user selects the row range to be finger print is stored in a database and is associated with the
priced against. purchaser's account. When the purchaser purchases any seat
[0054] At this point, the user can determine whether to be from the issuer in the future (from any venue that has the
the cheapest, second-cheapest, or third-cheapest in that crite- issuer's POS installed) the purchaser simply goes to the sta-
ria, for example. The user can then choose whether to be dium and presses his/her finger on a fingerprint scanner at the
lower or higher than the lowest price by an amount (e.g., issuer's kiosk or at designated gates. The system can instantly
$0.03) or percentage. The user can then select a price floor, recognize the purchaser's identity and print the correspond-
which can indicate the point at which the Auto-Pricer appli- ing ticket (i.e Section 303, row D, seats 1-4), or indicates to a
cation will discontinue automatically adjusting ticket prices, gate attendant that the purchaser may enter. A purchaser that
and/or at which point the system will automatically notify the buys multiple tickets can scan one finger to provide entry for
user (e.g., via text message or e-mail) that the price floor has multiple additional guests. In some embodiments, the system
been reached. Likewise the user can select a price ceiling, can include a proprietary or standard merchant gateway
which effectively this creates a "price range" at the bound- which will also utilize the same technology. Purchasers can
aries of which the Auto-Pricer application would be triggered. also opt for electronic or hard tickets. Scanning devices at the
So if a price floor was $50 and a price ceiling was $100, the stadium will be capable of reading bar codes and fingerprints.
listings would only auto-adjust within that defined range. The [0058] Furthermore, the system described herein can be
system then can be configured to monitor all pricing in that used to provide ticket purchasers with an opportunity to pur-
preset value to ensure the user's tickets are always priced chase other goods and services, such as food items, souvenirs,
exactly where the user wants them. In some embodiments, the guest services, etc., prior to arriving at an event. Any goods or
program will only lower the user's set price until the set price services purchased before the event can be associated with the
reaches the price floor. At that point, an email or other noti- purchaser's user account. When the ticket purchaser arrives at
fication can be sent informing the user that the floor had been the event, the purchaser can use the fingerprint provided
reached and asking if the user wants to edit the selected earlier to access the other purchases via an express lane or
information. In some embodiments, e-mail notification can pick-up service, or have such purchases delivered directly to
be based on market volatility, e.g., many price changes in a the seat associated with the ticket a predetermined time or
short period of time. When the user logs back into the user when requested.
account, any overvalued inventory can be highlighted, for [0059] Finally, users need to keep track of inventory and
example, in red. profits & losses ("P & L"). The system therefore also includes
[0055] In accordance with embodiments of the invention, an Auto-Accountant application comprising code stored in
this program can also be integrated with POS's. The system memory of the server and executing on the processor, which
can be configured to send a new price file into the POS which can work in conjunction with the Auto-Lister application. The
contains the pricing based on the user's request. A user can system executes the application code to extract all a seller's

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data from the seller's back end system so that the system cuits, geolocation circuitry, touch sensitivity, among other
knows how much each listing cost the seller to purchase. The sensors. Non-limiting examples of typical MEDs are smart-
system can also extract all sales data from each exchange phones, personal digital assistants, tablet computers, and the
server back end and/or from email confirmations received by like, which can communicate over cellular, infrared, and/or
the seller. The sales data can then be manipulated to show the Wi-Fi networks or using a Bluetooth or other communication
total profit. In this way, the system is also configured to protocol. Typical input devices associated with conventional
determine how much unsold inventory a user has. Moreover, MEDs include, keyboards, microphones, accelerometers,
the system can take the current inventory and allow the user to touch screens, light meters, digital cameras, and the input
see what true market value is all-time or within a specific date jacks that enable attachment of further devices, etc.
range. The system does this by comparing the listings to [0065] The system server 110 can include a server proces-
exchange server listings and gives pricing, for example, based sor 125 which is operatively connected to various hardware
on the cheapest two-pack within the relevant section. While and software components that serve to enable operation of the
this is not exactly market price, it is a close indication. system 100. Server processor 125 serves to execute instruc-
[0060] These and other aspects, features and advantages tions such as code to perform various operations relating to
will be understood with reference to the following description ticket inventory management processing as will be described
of the figures with regards to certain embodiments of the in greater detail below. Server processor 125 can be a number
invention. of processors, a central processing unit CPU, a graphics pro-
[0061] Turning now to FIG.1, the schematic block diagram cessing unit GPU, a multi-processor core, or any other type of
illustrates a distributed network system 100 including net- processor, depending on the particular implementation. Sys-
work 105, which can comprise the Internet, one or more tem server 110 can be configured to communicate via a com-
telephony networks, one or more network segments including munication interface 130 with various other devices con-
local area networks (LAN) and wide area networks (WAN), nected to network 105. Preferably, communication interface
one or more wireless networks, or a combination thereof. 130 can include but is not limited to, a modem, a Network
System 100 also includes a system server 110 constructed in Interface Card (NI C), an integrated network interface, a radio
accordance with one or more implementations of the inven- frequency transmitter/receiver (e.g., Bluetooth, cellular,
tion. The system server 110 communicates over network 105 NFC), a satellite communication transmitter/receiver, an
with multiple other processing machines such as computers, infrared port, a USB connection, and/or any other such inter-
and more specifically stationary devices, mobile devices, and faces for connecting the system server 110 to other computing
computer servers (collectively, "computing devices"). Com- devices and/or communication networks such as private net-
munication with these computing devices can be either direct works and the Internet.
or indirect through further machines that are accessible to the [0066] In certain implementations, a server memory 135 is
network 105. accessible by server processor 125, thereby enabling server
[0062] The system server 110 can be practically any com- processor 125 to receive and execute instructions stored on
puting device and/or data processing apparatus capable of the memory and/or storage in the form of one or more server
communicating with computing devices, and other remote software modules 140. The server modules 140 can comprise
devices or computing networks, receiving, transmitting and one or more software programs or applications (collectively
storing electronic information and processing requests as fur- referred to as the "server application") having computer pro-
ther described herein. System server 110 is therefore intended gram code or a set of instructions executed in the processor
to represent various forms of digital computers, such as lap- 125 for carrying out operations for aspects of the systems and
tops, desktops, workstations, personal digital assistants, serv- methods disclosed herein, and can be written in any combi-
ers, blade servers, mainframes, and other appropriate com- nation of one or more programming languages. As shown in
puters and/or networked or cloud based computing systems FIG. 1, the exemplary software modules can include a com-
capable of employing the systems and methods described munication module 141, an authentication/account module
herein. 142, auto-listing module 143a, broker-dash module 144, a
[0063] Among the computing devices on the network 105 forecast model module 145, an auto-pricing module 146, a
are user devices which can include seller device 120 and notification module 147, a transaction module 148, and an
purchaser device 125. As understood herein, in accordance auto-accountant module 149. It should be noted that in accor-
with one or more embodiments, a computing device can be a dance with various embodiments of the invention, server
stationary computing device, such as a desktop computer, modules 140 can execute entirely on system server 110 as a
kiosk and/orother machine, each of which generally is under- stand-alone software package, partly on system server 110
stood in the art as having one or more processors configured and partly on the computing devices 115 and/or 120, or
to execute code to implement a variety of functions, a com- entirely on devices 115 and/or 120.
puter-readable memory, one or more input devices, one or [0067] Server memory 135 can be, for example, a random
more output devices, and a communication port for connect- access memory (RAM) or any other suitable volatile or non-
ing to the network 105. Typical input devices can include a volatile computer readable storage medium. Server memory
keyboard, pointing device (e.g., mouse or digitized stylus), a 130 can also include storage which can take various forms,
web-camera, and/or a touch-sensitive display, etc. depending on the particular implementation. For example,
[0064] Additionally or alternatively, a computing device the storage can contain one or more components or devices
can be a mobile electronic device ("MED"), which is gener- such as a hard drive, a flash memory, a rewritable optical disk,
ally understood in the art as having hardware components as a rewritable magnetic tape, or some combination of the
in the stationary device described above, and being capable of above. In addition, the memory and/or storage can be fixed or
embodying the systems and/or methods described herein, but removable. In addition, memory and/or storage can be local to
which may further include componentry such as wireless the system server 110 or located remotely. In accordance with
communications circuitry, gyroscopes, inertia detection cir- further embodiments of the invention, system server 110 can

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be connected to one or more system database(s) 150. System of further example, the electronic reader can also be a NFC-
database 150 can comprise any of the memory configurations enabled reader that can read data from a NFC enabled chip or
as described above, and is in direct communication with RFID tag of another device.
system server 110. [0072] The one or more device modules 127 comprise
[0068] As shown in FIG. 1, a typical computing device, for instructions such as code and are encoded in the memory 122
example seller device 120, includes various hardware and of the computing device. The software modules can comprise
software components that serve to enable operation of the one or more software programs or applications having com-
system 100, including one or more device processors 121, a puter program code or a set of instructions (collectively
device memory 122, a user interface 123, one or more input referred to as the "client application") executed in device
devices 124, a communication interface 125, one or more processor 121. Such computer program code or instructions
electronic readers 126, and one or more software modules configure device processor 121 to carry out operations of the
127. As with server processor 125, device processor 121 can systems and methods disclosed herein and can be written in
be a number of processors, a central processing unit CPU, a any combination of one or more programming languages. It
graphics processing unit GPU, a multi-processor core, or any should be noted that in accordance with embodiments of the
other type of processor, depending on the particular imple- invention, device modules 127 can execute entirely on com-
mentation. Likewise, device memory 122 is accessible by puting devices 120and/or125 as a stand-alone software pack-
device processor 121, thereby enabling the processor to age, partly on the computing device and partly on system
receive and execute instructions encoded in the memory so as server 110, or entirely on system server 110.
to cause the computing device and its various hardware com- [0073] It should also be noted that while in FIG. 1 the two
ponents to carry out operations for aspects of the exemplary computing devices 120 and 125 are designated as a "seller
systems and methods disclosed herein. Device memory 122 device" and a "purchaser device" respectively, the computing
can comprise one or more of the memory configurations as devices do not necessarily have to belong to the seller and/or
described above with reference to server memory 135. the purchaser; rather, these designations simply indicate the
[0069] The user interface 123 is also operatively connected respective user's ability to access and use the computing
to device processor 121. User interface 123 can comprise a device in accordance with embodiments of the invention.
display and/or graphical inputs displayed thereon, which can Furthermore, one device can be used for both selling and
serve to facilitate both the providing of information to a user purchasing of tickets, and therefore the designations of"seller
and as an input device, depending on the particular hardware device" and "purchaser device" should not be understood as
and software. Also connected to the device processor 121 is limiting. As used herein, a "user" can be understood as one
the one or more input and/or output device(s) 124, such as engaging with the system, as a seller and/or as a purchaser.
switch(es), button(s), key(s), a touch-screen, microphone, [0074] As stated above, system server 110 communicates
etc., as would be understood in the art of electronic computing over network 105 with multiple other computing devices such
devices. Input devices 124, which can be used in conjunction as servers. System 100 further includes one or more Primary
with user interface 123 or on their own, serve to capture Market seller servers 160, and/or one or more Secondary
commands and/or actions from the user such as on-off com- Market exchange servers 170. As explained in detail above,
mands, user-provided information, settings adjustments, and/ Primary Market seller servers 160 can include, for example,
or any relevant user interaction with the computing device the ticket management systems of one or more primary mar-
related to operation of the system 100. ket ticket exchanges which sell tickets on behalf of sports
[0070] Communication interface 125 is also operatively teams, concert promoters, etc., or can represent the ticket
connected to the device processor 121 and can be any inter- management systems of the actual entities themselves pro-
face that enables communication between the computing viding the tickets directly to purchasers. Likewise, Secondary
device and external devices, machines and/or elements. As Market exchange servers 170 can include, for example, the
with the server communication interface 130, the device com- ticket management systems of one or more secondary market
munication interface 125 can include but is not limited to, a exchanges which enable the buying and selling of tickets
modem, a Network Interface Card (NIC), an integrated net- previously purchased in the primary market. Secure server
work interface, a radio frequency transmitter/receiver (e.g., 110 can communicate over network 105 with these servers for
Bluetooth, cellular, NFC), a satellite communication trans- purposes of facilitating ticket purchases and sales on the
mitter/receiver, an infrared port, a USB connection, and/or various exchanges, as well as for retrieving (downloading)
any other such interfaces for connecting the computing and sending (uploading) ticket inventory data to and from
device to communication interface 130 of system server 110 these exchanges as required.
and/or other computing devices and/or communication net- [0075] Additionally, system 100 includes one or more POS
works such as private networks and the Internet. Such con- (s) 180. System server 110 can communicate directly with a
nections can include a wired connection and/or a wireless ticket broker's POS 180 via network 105, to enable sellers to
connection (e.g., using the 802.11 standard), though it should easily manage inventory being sold via the POS 180. Finally,
be understood that the communication interface can be prac- system 100 includes one or more Public/Social Network
tically any interface that enables communication to/from the Database(s) 190, which can include, for example, Social
computing device. Media (e.g, Facebook, Twitter, etc.), Ratings Sites (e.g., Bill-
[0071] The one or more electronic readers 126 can be board), Team Websites, etc. System server 110 is configured
operatively connected to the device processor 121. The elec- to communicate with the various Public/Social Network
tronic reader can serve to facilitate the capture of electronic Database(s) 190 to retrieve real-time and archived informa-
information from tickets. For example, in the context of a tion (data) which can be used by the system server 110 to
mobile point of sale (MPOS) transaction, seller device 120 determine which tickets to purchase, at what price to list
can be equipped with a camera or other scanner for capturing tickets, and when to sell tickets and replenish inventory as
a digital image of, or data from, a bar-code on a ticket. By way described above.

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[0076] Turning now to FIG. 2, a broad flow diagram of a [0079] As explained above, ticketing information can
method 200 of forecasting and managing ticketing transac- optionally include, for example, one or more of the following:
tions in one or more markets is briefly described in accor- the Event Name, Purchase Date, Order Cost, Venue, Event
dance with embodiments of the invention. Method 200 begins Date, Event Time, Section, Row, Seats, Quantity, Confirma-
at step 210, when a user is provided with a log in window on tion Number, and ticket type (electronic, paperless, or hard
seller device llS and enters account credentials for authenti- tickets). If the tickets are electronic, system server 110 is
cation purposes. Once authenticated, at step 220 a user can configured by code represented by communication module
access the Broker-Dash application and/or the Forecasting 141 and executing in system processor 12S to download them
Model application and input user-provided criteria (e.g., gen- (e.g., as .pdf files) into system database lSO. System server
110 can be configured to retrieve ticket information using, for
eral location, genre, budget, etc.) to enable the system 100 to
example, Optical Character Recognition (OCR) software
predict (determine) which tickets to purchase. At step 230, the
and/or by querying the exchange server from which ticket
system 100 can be configured to purchase the ticket(s) deter-
information is being retrieved for specific data or data types.
mined to comply with the user-provided criteria. At step 240,
system 100 can execute the Auto-Lister application to access [0080] As explained in detail above, in some embodiments,
the ticket data on exchange at which the tickets were pur- system server 110 can be configured to determine the best
chased, retrieve the ticket data, and determine the correspond- match for ticketing information listing purposes (e.g., by
ing event and location of the seats represented by the ticket querying the relevant ticket exchange server or the Internet),
data. or the user can be prompted to provide such information in the
event the system cannot accurately determine the proper list-
[0077] At step 2SO, the system 100 can determine the opti- ing criteria forthe ticket information. Turning briefly to FIGS.
mal preferences for listing the previously purchased tickets SA and SB, example screenshots of ticket information
based on one or more of the broker-dash information, forecast retrieved from an exchange server and uploaded to system
model information, predefined user inputs for these tickets, server 110, as well as a user input prompt for a user to enter
and/or machine learning of previous listings. At step 260, listing criteria are shown respectively. As noted above, in
system 100 can be configured to list the tickets in the proper some embodiments such listing criteria can be predefined
location on each of one or more exchanges, and can execute and/or intuitively learned by the system server 110 over time
the Auto-Pricer application to adjust ticket prices and/or list- using machine learning functionality.
ings as required within each exchange and/or across [0081] Returning to FIG. 3, at step 304 server processor 12S
exchanges (as explained in further detail below). At step 270, executes instructions such as code from server memory 13S
system 100 can be configured to manage sales of tickets listed that communicates with server processor 12S represented by
on various exchanges, and can further be configured to auto- communication module 141 to receive a selection of one or
matically replenish inventory as required, based on pre- more particular listings to be priced from among the ticket
defined user preferences. Finally, at step 280, system 200 can inventory available in system database lSO. In some embodi-
execute the Auto-Accountant application to manage profits ments a selection can be initiated by a user, while in other
and losses, as well as to assist in inventory replenishment, and embodiments a selection can be automatically made by sys-
the method ends. tem server 110 based on predefined priority criteria such as,
[0078] Turning now to FIG. 3, a detailed flow diagram for example, the date of an event, the initial purchase price of
illustrating elements of a method for providing forecasting a ticket, social tone (described above), location, etc. Then, at
and management systems and methods concerning ticket step 306, server processor 12S executes instructions such as
transactions in multiple markets according to embodiments code from server memory 13S that communicates with server
of the invention is provided. Generally, Method 300 describes processor 12S represented by communication module 141 to
the steps for pricing, listing, and managing ticket inventory on receive user-defined preferences for listing purposes. This
one or more ticket exchanges, for example, using system 100. can include, for example, a listing differential (i.e., a pre-set
Method 300 starts at step 302 when system server 110, using difference in dollar amount or percentage amount between a
server processor 12S which is configured by executing one or ticket to be listed and one or more reference prices, such as
more server modules 140, including, preferably, communica- those of other similar tickets currently listed on one or more
tion module 141, retrieves a set of ticket information related exchanges), a price floor (and/or price ceiling), allowed splits
to one or more tickets or sets of tickets. As explained above, (e.g., "don't leave me with one ticket" or only even groupings
such tickets may have been purchased by the user on either the of tickets), etc. As explained below, a reference price can be
primary market or the secondary market, or may be original dynamic (changing as market prices change) or static (con-
tickets generated by a vendor (e.g., a primary market stant regardless of market fluctuation), and can refer to par-
exchange seller, a sports franchise, a concert promoter, etc.). ticular listings and their corresponding prices (e.g., specific
In some implementations, the ticketing information is gener- tickets listed on an exchange) or can refer to a ranking/loca-
ated or provided by one or more of Primary Market seller tion in a hierarchy (e.g., lowest presently listed ticket in the
servers 160, and/or one or more Secondary Market exchange same section or second-cheapest listed two-pack in the same
servers 170, and is communicated over network lOS to system zone).
server 110. In order to access and retrieve ticket information [0082] At step 308, system server 110 using server proces-
(inventory) from Primary Market seller servers 160 and/or sor 12S which is configured by executing one or more server
Secondary Market exchange servers 170, server processor modules 140, including, preferably, Auto-Listing module
12S can be configured to execute instructions such as code 143, can identify a relative market against which the selection
from server memory 13S that communicates with server pro- of one or more particular listings are to be priced. In some
cessor 12S represented by authentication/account module embodiments, a relative market can comprise a group of one
142, to provide user login information necessary for access- or more comparable listings listed on the same exchange,
ing the desired information on such servers. which can include, for example, other tickets in the same

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general v1c1mty (e.g., same, row, same section, etc.) or enable the system to determine at which point in time and at
equivalent seats at another location at the venue (e.g., gallery what price point to list the remaining listings, as explained
seating on opposite sides for a theatre). Furthermore, a rela- below.
tive market can comprise a group of comparable listings listed [0085] At step 314, system server 110 using server proces-
on other exchanges, in addition to, or in place of, comparable sor 125 which is configured by executing one or more server
listings on the same exchange. Additionally, a relative market modules 140, including, preferably, Auto-Listing module
can comprise similar and/or the same ticket listing(s) listed on 143, can use the CMP and FMP, calculated in steps 310 and
a different but relatively similar date or at different time on the 312 respectively, to determine whether to begin pricing the
same date (e.g., when there are multiple showings of an event remaining listings "to sell" (i.e., at a competitive price point),
throughout the day). or whether to intentionally price the listings out of market
[0083] At step 310, system server 110 using server proces- range for the time being, e.g., at a predetermined price point
sor 125 which is configured by executing one or more server or percentage about the CMP. If the CMP is less that the FMP
modules 140, including, preferably, Auto-Listing module (i.e., CMP is not greater than or equal to FMP), this indicates
143, can determine a Current Market Price (CMP) for the that the tickets have not yet reached their highest potential
relative market against which the selection of one or more selling value point (earning potential). In this case, the
particular listings are to be priced. This can be accomplished, method continues at step 316, wherein the system is config-
in accordance with some embodiments of the invention, using ured to set the listing price at a predefined price or percentage
a multi-step process. First, any listings which have not yet above the CMP. The CMP and FMP can thereafter be recal-
been "priced to sell" (e.g., tickets temporarily listed with culated periodically or constantly (i.e., in "real-time") until
prices that are intentionally inflated well above their market the system determines that the tickets should be priced to sell.
value and out of market range, until the owner is ready to sell However, if (at step 314) the CMP is determined to be greater
the tickets at a competitive price) are identified and removed than or equal to the FMP, indicating it is the peak time to
from consideration. As explained above, in some embodi- competitively price the tickets, then at step 318, system server
ments, for example, a percentage of the highest priced tickets 110 using server processor 125 which is configured by
can be removed. In other embodiments, any tickets with executing one or more server modules 140, including, pref-
prices set outside a predefined range can be removed. For erably, Auto-Pricing module 146, can set the listing price of
example, the upper sideline area of a stadium, (which can the tickets at a price relative to a first reference price (e.g., at,
include, for example, 12 or more sections) may have 10 below, or above the CMP) based on user-defined preferences
listings, with the bottom five ranging from $100-$150, and as described below.
the top five all listed at $500+. In this example, the top five [0086] A reference price, as understood herein in accor-
listings will not be considered part of market range, as they dance with various embodiments of the invention, is any
may have been posted at an intentionally high price so that predefined price point (e.g., dollar value) against which the
they do not sell (e.g., if the broker is not ready to sell, but price of a user's listing can be calculated/defined. As
would like to have them listed nonetheless), or they may have described above, a reference price can be dynamic (changing
been inadvertently overpriced. Regardless, once the over- as market prices change) or static (constant regardless of
priced tickets have been removed from consideration, an market fluctuation), and can refer to particular listings and
average of the remaining listings can then be calculated in their corresponding price points (e.g., specific tickets listed
order to determine the CMP. on an exchange) or can refer to a ranking/location in a hier-
[0084] At step 312, system server 110 using server proces- archy (e.g., lowest presently listed ticket in the same section
sor 125, which is configured by executing one or more server or second-cheapest listed two-pack in the same zone). In
modules 140, including, preferably, broker-dash module 144 some embodiments, this can include a price point calculated
and forecast model module 145, can determine a Future Mar- based on a plurality of listings (e.g., an average of the three
ket Price (FMP), such as the maximum estimated FMP, for the lowest comparable listings). In some embodiments the refer-
remaining listings. As explained above, broker-dash module ence point can be, for example, the CMP. In some embodi-
144 is configured to access information relating to current and ments, users can be direct to select a first (primary) reference
future events to retrieve market price data (price of unsold price, and second (alternative) reference price. In the event
inventory) and sales data (transaction data for future events), that the first reference price is no longer relevant, the system
and identify trends. Briefly, a screenshot of the broker-dash can default to the second reference price, as described below.
application represented by broker-dash module 144 is shown [0087] Once a first reference point has been defined, at step
in FIG. 4. In some embodiments server processor 125 can 318 the system can be configured to determine a listing price
execute broker-dash module 144 to determine which way the for the selection of one or more particular listings based on the
market is moving (trending) for a particular event in real time first reference price. For example, a listing differential (i.e., a
based on these identified trends. Likewise, in some embodi- pre-set difference in dollar amount or percentage amount
ments server processor 125 can execute forecast model mod- between a ticket to be listed and one or more reference prices,
ule 145, which accesses concrete sales and market data, such as those of other similar tickets currently listed on an
regresses the sales and mark data based on social metrics, and exchange) can be used. A user may desire, for example, to
generates a forecast model based on the results. By determin- have a listing priced at 250 above the lowest priced compa-
ing which social metrics show direct and/or indirect correla- rable listing at all times, at $1 below the lowest comparable
tion to ticket sales, the forecast model is accurately able to listing, subject to a price floor (as described below), or may
predict which events (and within them, seats, rows, zones, and desire to have a listing priced 3% cheaper than the CMP. Of
sections, etc., at events) will sell at the highest profit with a course, more complex pricing rules can also be implemented,
high degree of accuracy. Broker-dash module 144 and/or such as alternative pricing. In some embodiments, a user can
forecast model module 145 can thus be used by system server use the system to define more than one reference price. For
110 to determine the FMP for the remaining listings, and example, as discussed further below with reference to step

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334, a user can create one or more alternate (e.g., second, one or more particular listings, system server 110 is config-
third, etc.) reference prices which can be used by the system ured to determine whether the price floor would be reached by
in the event a first reference price becomes ineffectual or adjusting the listing price as required. By setting a price floor,
otherwise unusable for the user based on, for example, chang- a user can ensure that listing prices are not inadvertently set
ing market prices. below the user's lowest acceptable selling price.
[0088] At step 320, once listing prices have been set for the [0092] Provided the user's predefined listing preferences
selection of one or more particular listings, system server 110 would not be violated (e.g., the price floor is not reached),
using server processor 125 which is configured by executing then, at step 326, the listing price is adjusted by the system as
one or more server modules 140, including, preferably, Auto- required, and monitoring of the relative market continues at
Pricing module 146, is configured to monitor the relative step 320. If, however, adjusting the listing price would cause
market (identified in step 308) against which the selection of the user-defined preferences to be violated, then, in accor-
one or more particular listings was priced for any material dance with some embodiments of the invention, at step 328,
change in the relative market. Monitoring can be performed in system server 110, using server processor 125 which is con-
"real-time" or can be intermittent. As understood herein, a figured by executing one or more server modules 140, includ-
material change is any change that would materially affect the ing, preferably, notification module 147, can be configured to
calculation of the CMP, the FMP, and/or the listing price of notify/alert the user that the user-defined preferences must be
the selection of one or more particular listings such that a user modified if the selection oflistings is to remain priced as the
might be inclined to a modify the set listing price of the user desires in relation to the relative market. For example,
selection. Of course, it will be readily understood by those system server 110 can be configured to inform the user via any
skilled in the arts that there can be a certain level of tolerance standard digital notification/communication system, such as
for changes in the relative market that would be considered via e-mail, text message, Instant Message, automated voice-
immaterial, for example, when all tickets in the relative mar- mail, pop-up notification, etc., that a price floor has been
ket fluctuate at the same rate relative to one another. There- reached for a particular listing or for a set of listings. Addi-
fore, in some embodiments, users can be prompted to set tionally, the system can be configured to provide suggested
and/or adjust the sensitivity of the monitoring as desired modifications, such as a suggested adjusted price floor.
based on market fluctuation, sales of tickets, etc. [0093] Furthermore, in some embodiments, the user can be
[0089] It should be noted that, in some embodiments, if, requested to provide guidance to the system in the form of a
during the monitoring of the selection ofone or more particu- response. For example, at step 330 system server 110 can be
lar listings and the relative market, any tickets from the rela- configured to determine whether an instruction has been
tive market are purchased, system 100 can be configured to received from the user to adjust the price floor to an indicated
automatically revert to step 308 to identify a new relative or predetermined amount (e.g., $10 lower than the previous
market and recalculate the CMP and FMP, etc. Likewise, price floor), thereby allowing the system to adjust the listing
system 100 can be configured to monitor new listings which price accordingly. If an instruction has been received or if, for
qualify as being part of the identified relative market when example, an alternative price floor has been provided previ-
posted. In various embodiments, such a new listing may ously, then at step 332 the price floor is adjusted and at step
replace a previously incorporated listing or may be consid- 326 the listing price is adjusted, and monitoring continues. If,
ered in conjunction with all previously identified listings in however, no instruction is received regarding adjustment of
the relative market. the price floor (e.g., in a predetermined period of time), at step
[0090] At step 322, in response to the monitoring of step 334 the system can be configure to determine if a second
320, system server 110 using server processor 125 which is (alternative) reference price has been previously provided
configured by executing one or more server modules 140, with the user-defined preferences in step 318. Alternatively,
including, preferably, Auto-Pricing module 146, is config- the user can be requested to provide a second reference price
ured to determine whether adjustment to the set listing price via the notification of step 328. In either situation, if system
of the selection of one or more particular listings is required. server 110 can identify a second reference price, then at step
As discussed above, fluctuation in the relative market may or 326 system server 110 can be configured to adjust the listing
may not necessitate adjusting the set listing price. For price to a price relative to the second (alternative) reference
example, if changes to listings in the relative market do not price, without adjusting the price floor, presuming one has
impact the location of the user's listings in the pricing hier- been provided by the user at step 318.
archy, no adjustment may be necessary. If no adjustment in [0094] In some embodiments, if no alternative price floor is
the listing price is necessary, the system will continue to provided and no alternative reference point is provided, then
monitor the selection of listings for any sales (as explained the selection of one or more listings will remain at the original
below at step 336), as well as any changes in the relative price point. In some embodiments, the price point of the
market. listings can be adjusted to the first price floor, and will remain
[0091] If the system determines that an adjustment of the there unless the user provides input or the relative market
listing price is required in order for the selection oflistings to raises enough to affect the listing price. Finally, in some
remain relatively priced with regard to the first reference embodiments, the system server 110 can be configured to
price, then at step 324 system server 110, using server pro- reset the tickets to a price above the CMP or pull the listings
cessor 125 which is configured by executing one or more entirely from the server. This may be the case, for instance,
server modules 140, including, preferably, Auto-Pricing when ticket prices of the relative market are falling on one
module 146, is configured to first determine whether adjust- ticket exchange, but remain higher on another exchange. In
ing the listing price would be a violation of the user's pre- such a situation, system server 110 using server processor 125
defined listing preferences (see step 318). For example, in which is configured by executing one or more server modules
embodiments wherein the user has previously defined a price 140, including, preferably, Auto-Listing module 143, can
floor (i.e., a lowest allowable listing price) for the selection of remove the selection of one or more particular listings from

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the falling market (or raise the price above the CMP) and list ability to automatically issue tickets (i.e. release inventory) at
them on the higher market. In some embodiments, such as different times and in different quantities based on data in the
wherein tickets are listed on multiple exchanges simulta- forecast model etc. The issuer's POS system can include all
neously, the system can be configured to monitor all facets of ticketing for a team and can also include data ana-
exchanges (and the relative market of each), and adjust listing lytics to help stabilize and control the market. In addition, the
prices accordingly, thus enabling the system to capitalize on data analytics (including social analytics) can help artists and
the best market. teams determine the correct market price for a particular
[0095] At step 336, system server 110 using server proces- event or group of events.
sor 125 which is configured by executing one or more server [0100] In some embodiments, the systems and methods
modules 140, including, preferably, transaction module 148, described herein can further include a Group-Auto-Pricer
is configured to monitor the selection of one or more tickets application. The Group-Auto-Pricer application configures
on each market on which the tickets are listed to determine if the system to select a lowest ranked ticket (least valuable, e.g.,
they have been purchased. In embodiments where the user is based on face value of the ticket) in the user's inventory and
the ticket issuer, purchased tickets can be processed and set it using the Auto-Pricer application. Next, the system can
delivered to the buyer in the manner selected by the purchaser select any additional listing for the same event to be part of a
(e.g., via mail, e-mail, will-call, etc.). group based on predefined criteria. The system can then be
[0096] Once the system detects that the tickets have been configured to rank the tickets from worst to best (e.g., five,
purchased on one exchange, at step 338 the system server 110 four, three, two, one), and set incremental pricing for each
is configured to remove any duplicate listings from other (e.g., $10, $1, etc.). Once the tickets are listed, the group of
exchanges where the tickets have been listed to avoid any ticket listings can be auto-priced to move up or down follow-
possibility of double-selling (inadvertently selling the same ing the lowest ranked listing as the basis. alternatively, the
tickets to multiple purchasers via different ticket exchanges). user can select to have tickets listed at different percentages
Finally, at step 340, system server 110 using server processor above or below higher or lower ranked tickets (e.g., listing
125 which is configured by executing one or more server four is 5% higher than listing five and listing one is 30%
modules 140, including, preferably, Auto-Accountant mod- higher than listing two, etc.).
ule 149, can update the Auto-Accountant application (de- [0101] In some embodiments, using the season pricer
scribed in detail above), and the system ends. application, a user can apply the auto-pricer and/or group-
[0097] Of course, the systems and methods described auto-pricer to multiple games. Additionally, a user can select
herein can include additional features in order for the user to which games are "premium" games and auto-price those
maximize profitability and minimize on time spend managing games at a higher range, and lower interest games at a lower
inventory. For example, a Season Pricer application can be range. Each group can have different price floors/ceilings and
incorporated which allows users to select a group of seats, other rules, etc., based on user-preferences. In some embodi-
select the criteria for the entire season, and then choose dif- ments, the rules can be set up once by the user and applied to
ferent floors for different tier games (premium games would multiple games throughout the season. Furthermore, user
have a higher floor and so on). settings can be auto-saved and applied to other events and/or
[0098] It should be noted that while the present application tickets at a later time.
primarily describes features of the various embodiments from [0102] At this juncture, it should be noted that although
the perspective of the seller, those of ordinary skill in the arts much of the foregoing description has been directed to pro-
will recognize that the systems and methods described herein viding forecasting and management systems and methods
can be used forthe benefit of purchasers as well. For example, concerning ticket transactions in multiple markets, the sys-
the systems and methods described herein can be used by a tems and methods disclosed herein can be similarly deployed
purchaser, who can automate when the system should buy and/or implemented in scenarios, situations, and settings far
tickets and automatically buy them. In addition, the systems beyond the referenced scenarios. It is to be understood that
and methods described herein can monitor multiple like numerals in the drawings represent like elements through
exchanges and incorporate an arbitrage between markets in the several figures, and that not all components and/or steps
which if comparable seats are selling at a lower price on one described and illustrated with reference to the figures are
exchange and a higher price on another exchange, the system required for all embodiments or arrangements.
can automatically purchase those tickets and list them on the [0103] Thus, illustrative embodiments and arrangements of
higher exchange. the present systems and methods provide a computer imple-
[0099] Similarly, using the systems and methods described mented method, computer system, and computer program
herein, sellers such as teams and concert promoters can price product for managing ticket transactions in multiple markets.
tickets on both the primary and secondary markets. By incor- The flowchart and block diagrams in the figures illustrate the
porating the auto-pricer and the forecasting model (which architecture, functionality, and operation of possible imple-
includes all the data currently available in the broker-dash mentations of systems, methods and computer program prod-
application as well as non-economic and social data) sellers ucts according to various embodiments and arrangements. In
can create dynamic price rules that automatically change this regard, each block in the flowchart or block diagrams can
based on factors like demand (i.e. social "buzz"), total represent a module, segment, or portion of code, which com-
remaining inventory, type of remaining inventory (e.g., prises one or more executable instructions for implementing
2-packs have a different value than 3-packs ), total "primary" the specified logical function(s ). It should also be noted that,
market tickets versus "secondary" market tickets, rate at in some alternative implementations, the functions noted in
which tickets are selling, past sales data, and other data the block may occur out of the order noted in the figures. For
points. In some embodiments, the systems and methods example, two blocks shown in succession may, in fact, be
described herein can be used by a ticket issuer (e.g., a primary executed substantially concurrently, or the blocks may some-
market exchange which releases inventory) to provide the times be executed in the reverse order, depending upon the

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functionality involved. It will also be noted that each block of [0108] Similarly, while operations are depicted in the draw-
the block diagrams and/or flowchart illustration, and combi- ings in a particular order, this should not be understood as
nations of blocks in the block diagrams and/or flowchart requiring that such operations be performed in the particular
illustration, can be implemented by special purpose hard- order shown or in sequential order, or that all illustrated
ware-based systems that perform the specified functions or operations be performed, to achieve desirable results. In cer-
acts, or combinations of special purpose hardware and com- tain circumstances, multitasking and parallel processing may
puter instructions. be advantageous. Moreover, the separation of various system
[0104] The functions describe herein can be implemented components in the embodiments described above should not
by hardware and or hardware executing code (also known as be understood as requiring such separation in all embodi-
programs, software, or software applications) which include ments, and it should be understood that the described program
machine instructions for a prograrmnable processor, and can components and systems can generally be integrated together
be implemented in a high-level procedural and/or object- in a single software product or packaged into multiple soft-
oriented prograrmning language, and/or in assembly/ma- ware products.
chine language. As used herein, the terms machine-readable [0109] The terminology used herein is for the purpose of
storage medium and computer-readable storage medium describing particular embodiments only and is not intended to
refer to any computer program product, apparatus and/or be limiting of the invention. As used herein, the singular
device (e.g., magnetic discs, optical disks, memory, Program- forms "a", "an" and "the" are intended to include the plural
mable Logic Devices (PLDs)) used to provide machine forms as well, unless the context clearly indicates otherwise.
instructions and/or data to a programmable processor, includ- It will be further understood that the terms "comprises" and/
ing a machine-readable storage medium that receives or "comprising", when used in this specification, specify the
machine instructions as a machine-readable signal. The term presence of stated features, integers, steps, operations, ele-
machine-readable signal refers to any signal used to provide ments, and/or components, but do not preclude the presence
machine instructions and/or data to a prograrmnable proces- or addition of one or more other features integers steps
sor. A machine-readable storage medium does not include a operations, elements, components, and/or ~oups the;eof. '
machine-readable signal. [0110] It should be noted that use of ordinal terms such as
"first," "second," "third," etc., in the claims to modify a claim
[0105] The systems and techniques described here can be
element does not by itself connote any priority, precedence, or
implemented in a computing system that includes a back end
order of one claim element over another or the temporal order
component (e.g., as a data server), or that includes a middle-
in which acts of a method are performed, but are used merely
ware component (e.g., an application server), or that includes
as labels to distinguish one claim element having a certain
a front end component (e.g., a client computer having a
name from another element having a same name (but for use
graphical user interface or a Web browser through which a
of the ordinal term) to distinguish the claim elements.
user can interact with an implementation of the systems and
techniques described here), or any combination of such back [0111] Also, the phraseology and terminology used herein
end, middleware, or front end components. The components is for the purpose of description and should not be regarded as
of the system can be interconnected by any form or medium limiting. The use of "including," "comprising," or "having,"
of digital data communication (e.g., a communication net- "containing," "involving," and variations thereof herein, is
work). Examples of communication networks include a local meant to encompass the items listed thereafter and equiva-
area network (LAN), a wide area network (WAN), and the lents thereof as well as additional items.
Internet. A wireless network can include both wired and wire- [0112] Particular embodiments of the subject matter
less connections. described in this specification have been described. Other
embodiments are within the scope of the following claims.
[0106] The computing system can include clients and serv- For example, the actions recited in the claims can be per-
ers. A client and server are generally remote from each other formed in a different order and still achieve desirable results.
and typically interact through a communication network. The As one example, the processes depicted in the accompanying
relationship of client and server arises by virtue of computer figures do not necessarily require the particular order shown,
programs running on the respective computers and having a or sequential order, to achieve desirable results. In certain
client-server relationship to each other. implementations, multitasking and parallel processing may
[0107] While this specification contains many specific be advantageous.
implementation details, these should not be construed as limi- What is claimed is:
tations on the scope of any implementation or of what may be
1. A method of managing ticket inventory on one or more
claimed, but rather as descriptions of features that may be
ticket exchanges performed by a server having memory, a
specific to particular embodiments of particular implementa-
processor, and one or more code sets stored in the memory
tions. Certain features that are described in this specification
and executable in the processor, the method comprising:
in the context of separate embodiments can also be imple-
mented in combination in a single embodiment. Conversely, receiving, by the processor, a selection of first listing data
various features that are described in the context of a single relating to a first set of one or more tickets in a user's
embodiment can also be implemented in multiple embodi- ticket inventory;
ments separately or in any suitable subcombination. More- identifying, by the processor, based on the first listing data
over, although features may be described above as acting in and one or more predefined user preferences, a set of
certain combinations and even initially claimed as such, one available ticket listings listed on a first ticket exchange
or more features from a claimed combination can in some representing a first relative market with which to com-
cases be excised from the combination, and the claimed com- pare the first listing data;
bination may be directed to a subcombination or variation of determining, by the processor, a current market price for
a subcombination. the first relative market;

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determining, by the processor, a future market price for the setting a second listing price for the second set of one or
first relative market; more tickets on the first ticket exchange relative to the
assessing, by the processor, whether the future market first listing price of the first set of one or more tickets;
price exceeds the current market price; and and
setting, by the processor, a first listing price for the first set dynamically adjusting the second listing price as required
of one or more tickets on the first ticket exchange based to remain priced relative to the first listing price.
on the assessing step. 11. The method as in claim 10, wherein setting the second
2. The method as in claim 1, wherein the setting step further listing price relative to the first listing price further comprises
comprises: setting the first listing price with a predetermined price dif-
setting the first listing price above the current market price ferential relative to the reference price, the price differential
when the future market price exceeds the current market being one of a dollar amount and percentage amount.
price; and 12. A system in support of managing ticket inventory on
setting the first listing price at or below the current market one or more ticket exchanges comprising:
price when the future market price does not exceed the a server having a processor and memory;
current market price. a plurality of code sets stored in the memory and execut-
3. The method as in claim 2, further comprising setting the able in the processor which, when executed, configure
first listing price equal to the future market price when the the processor to:
future market price exceeds the current market price. receive a selection of first listing data relating to a first set
4. The method as in claim 1, further comprising: of one or more tickets in a user's ticket inventory;
setting the first listing price relative to a first reference price identify, based on the first listing data and one or more
when the future market price does not exceed the current predefined user preferences, a set of available ticket
market price; listings listed on a first ticket exchange representing a
monitoring the first reference price for any change in the first relative market with which to compare the first
first reference price; and listing data;
dynamically adjusting the first listing price as required to determine a current market price for the first relative
remain priced relative to the first reference price pro- market;
vided dynamically adjusting the first listing price would determine a future market price for the first relative
not cause the first listing price to be set outside a prede- market;
termined range. assess whether the future market price exceeds the cur-
5. The method as in claim 4, wherein the first reference rent market price; and
price is one of the current market price and one of the set of set a first listing price for the first set of one or more
available ticket listings representing the first relative market. tickets on the first ticket exchange based on the assess-
6. The method as in claim 4, wherein setting the first listing ing step.
price relative to the first reference price further comprises 13. The system as in claim 12, further configured to:
setting the first listing price with a predetermined price dif- set the first listing price above the current market price
ferential relative to the reference price, the price differential when the future market price exceeds the current market
being one of a dollar amount and percentage amount. price; and
7. The method as in claim 4, further comprising sending an set the first listing price at or below the current market price
alert when dynamically adjusting the first listing price would when the future market price does not exceed the current
cause the first listing price to be set outside the predetermined market price.
range. 14. The system as in claim 13, further configured to set the
8. The method as in claim 4, further comprising setting the first listing price equal to the future market price when the
first listing price relative to a second reference price when future market price exceeds the current market price.
dynamically adjusting the first listing price would cause the 15. The system as in claim 12, further configured to:
first listing price to be set outside a predetermined range, set the first listing price relative to a first reference price
wherein the second reference price is higher than the first when the future market price does not exceed the current
reference price. market price;
9. The method as in claim 1, further comprising: monitor the first reference price for any change in the first
setting a second listing price for the first set of one or more reference price; and
tickets on a second ticket exchange of the one or more dynamically adjust the first listing price as required to
ticket exchanges based on a second relative market of the remain priced relative to the first reference price pro-
second ticket exchange; vided dynamically adjusting the first listing price would
monitoring the first ticket exchange and the second ticket not cause the first listing price to be set outside a prede-
exchange for a purchase of the first set of one or more termined range.
tickets; and 16. The system as in claim 15, wherein the first reference
removing the first set of one or more tickets from the price is one of the current market price and one of the set of
second ticket exchange when the first set of one or more available ticket listings representing the first relative market.
tickets are purchased on the first ticket exchange. 17. The system as in claim 15, wherein setting the first
10. The method as in claim 1, further comprising: listing price relative to the first reference price further com-
receiving, by the processor, a selection of second listing prises setting the first listing price with a predetermined price
data relating to a second set of one or more tickets in a differential relative to the reference price, the price differen-
user's ticket inventory; tial being one of a dollar amount and percentage amount.

A-322
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page34 of 98

US 2015/0025918 Al Jan. 22, 2015


14

18. The system as in claim 15, further configured to send an remove the first set of one or more tickets from the second
alert when dynamically adjusting the first listing price would ticket exchange when the first set of one or more tickets
cause the first listing price to be set outside the predetermined are purchased on the first ticket exchange.
range. 21. The system as in claim 12, further configured to:
19. The system as in claim 15, further configured to set the
first listing price relative to a second reference price when receive a selection of second listing data relating to a sec-
dynamically adjusting the first listing price would cause the ond set of one or more tickets in a user's ticket inventory;
first listing price to be set outside a predetermined range, set a second listing price for the second set of one or more
wherein the second reference price is higher than the first tickets on the first ticket exchange relative to the first
reference price. listing price of the first set of one or more tickets; and
20. The system as in claim 12, further configured to: dynamically adjust the second listing price as required to
set a second listing price for the first set of one or more remain priced relative to the first listing price.
tickets on a second ticket exchange of the one or more
ticket exchanges based on a second relative market of the 22. The system as in claim 21, further configured to set the
second ticket exchange; first listing price with a predetermined price differential rela-
monitor the first ticket exchange and the second ticket tive to the reference price, the price differential being one of
exchange for a purchase of the first set of one or more a dollar amount and percentage amount.
tickets; and * * * * *

A-323
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page35 of 98

From: Drew Gainor drew@seatscouts.com


Subject: Re: CommandCenter Feedback
Date: November 3, 2017 at 4:40 PM
To: Lew & Dowski Capital lewanddowskiticketutils@gmail.com
Cc: Brendan O'donoghue brendan@seatscouts.com

I believe we just pushed up an update so you should even be able to click out of the fields and they will save. Just refresh our screen and
feel free to give it a shot.
Thanks

Best Regards,

Drew Gainor
Owner at Seat Scouts

Direct 919-670-0697 Phone 919-670-3569 Email drew@seatscouts.com


Website http://www.seatscouts.com/

Automate Your Everyday

On Nov 3, 2017, at 3:35 PM, Drew Gainor <drew@seatscouts.com> wrote:

Awesome! We are lady put a quick fix in (not yet deployed to production) to also save it if you click out. I am comfortable with that since we
already warn users if the change is more than 25% up or down.

Please let us know if you see anything else. Look forward to catching up with you soon on al of your feedback. Sorry, this week has been
crazy for us as everyone is starting to see the app.

Best Regards,

Drew Gainor
Owner at Seat Scouts

Direct 919-670-0697 Phone 919-670-3569 Email drew@seatscouts.com


Website http://www.seatscouts.com/

Automate Your Everyday

On Nov 3, 2017, at 3:33 PM, Lew & Dowski Capital <lewanddowskiticketutils@gmail.com> wrote:

Yes, confirmed. Works great. Thanks!

On Fri, Nov 3, 2017 at 6:33 PM, Lew & Dowski Capital <lewanddowskiticketutils@gmail.com> wrote:
Thanks, I will check that. Maybe that is just a slight thing that changed, because the click-out is what I was doing before with success.
I will confirm if the enter and/or tab out works later today. If so, then no issues, that's probably better to ensure no typos. Thanks for
the speedy feedback!

On Fri, Nov 3, 2017 at 1:54 PM, Drew Gainor <drew@seatscouts.com> wrote:


Hi John,
I think I know whats happening. I think the problem is you are clicking out of the floor field instead of tabbing out or hitting enter first
so its not saving. We are going to make that field smarter over the next few days so you can click out but in the meantime, please
give that a shot and let me know if that was the issue.
Thanks so much!

Best Regards,

Drew Gainor
Owner at Seat Scouts

Direct 919-670-0697 Phone 919-670-3569 Email drew@seatscouts.com


Website http://www.seatscouts.com/

CONFIDENTIAL - ATTORNEYS' EYES ONLY A-324 BG-SS000004692


Case 19-440, Document 59-1, 08/13/2019, 2631502, Page36 of 98

Website http://www.seatscouts.com/

Automate Your Everyday

On Nov 3, 2017, at 12:41 PM, Lew & Dowski Capital <lewanddowskiticketutils@gmail.com> wrote:

Yes, see this quick 30 second video I took and am attaching quickly. Thanks!

Floor Update.mov

On Fri, Nov 3, 2017 at 12:38 PM, Brendan O'Donoghue <brendan@seatscouts.com> wrote:


Are you saying that you aren’t able to update the floor directly in the list of your tickets when viewing an event? Drew, can you
work with John to clarify this and make sure we understand if there’s an issue because you should still be able to do that and
update the floor easily from that view.

Brendan O'Donoghue
Director of Operations at Seat Scouts

Direct 919-295-9044 Phone 919-670-3569 Email brendan@seatscouts.com


Website http://www.seatscouts.com/

Automate Your Everyday

On Nov 3, 2017, at 11:28 AM, Lew & Dowski Capital <lewanddowskiticketutils@gmail.com> wrote:

Thanks, let me take some time this weekend to review and see what's left from above.

One thing I did see change recently with the new update is that you aren't able to update the floor from the event page (it
reverts back to the preset floor). I'd be surprised if most users wouldn't want to be able to quickly tab through all of those
listings like before and update the floors lower, however I may be overestimating that because we haven't yet gotten deep
into the group pricing, which may make it a moot point.

Will organize my other thoughts soon.

On Fri, Nov 3, 2017 at 12:13 PM, Brendan O'Donoghue <brendan@seatscouts.com> wrote:


Hey John,

I’ve included answers to all your previous feedback below. Let me know if you want to schedule some time to catch up
next week on anything new as I know we didn’t get a chance to catch up this week.

Short-term

I think it would really benefit from some indication on the front page whether an event has rules associated with it
or it doesn't, or being able to filter between stuff that is on CC or not set up on CC. I know Broker Genius has this,
and I'd say this is the one area that we've had internal frustration with because we thought we put something on
CC and then maybe we merge or split it and so it loses it's rules and we come back a few days later and go into
the event and see the listings and realize that there's no rules. In summary, events that have and don't have rules
look the same, and it's only stuff at floor or no comparables that gets the needs attention banner.

The ability to especially see and also possibly filter events based on whether they are fully priced (All Rules), partially
priced (Some Rules), or not priced (No Rules). We’re going to add in basic indicators over the next 2 weeks and we do
have in our backlog to add the ability to filter by that indication as well.

One thing that would be really beneficial is if the site was at least able to used on a mobile device. It doesn't need
to be dynamic or responsive or even look pretty, we just need to be able to change the most critical parameters
and hit the pricing/rule button. This may parlay into a lower request where you can edit some other key info from
the main listing screen for an event. The use-case here is when we have stuff all set up but maybe we are
between locations and just need to change the splits or floor or actually deactivate it from our phone. Right now
we are basically helpless if we go on the road and it's on CC and so usually this is a good thing, but other times
when we are basically fighting it every 5 minutes because we can't the rules off until we get back to our computer
haha. This was a big problem with Broker Genius, so I think this would be a big feature. Again, just has to be
functional where we can hit the button. Right now we can see most of the information but since on the desktop it
slides out from the right side, we can't quite hit the view tickets and hit the buttons on the phone.

Request for Mobile Compatibility especially for basic price updates and updating floors. We’ve already discussed various
approaches to this so we’ll be doing more around this over the next 1-2 months. We want to make sure that over that time

CONFIDENTIAL - ATTORNEYS' EYES ONLY A-325 BG-SS000004693


Case 19-440, Document 59-1, 08/13/2019, 2631502, Page37 of 98

approaches to this so we’ll be doing more around this over the next 1-2 months. We want to make sure that over that time
we can at least make the basic system functions possible on a mobile device so you can make some of those basic price
updates.

I think it would be really beneficial to be able to bulk select zone and then de-select from there, I think this should
be doable with the StubHub API using their designations for zones as the default until you get the venue
templates and ranks in place. For places that have really small or hundreds of sections (suites, VIP boxes, floor
tables, basically anything that has tons of sections with very few seats in it that are all basically equivalent from a
pricing standpoint), if you are able to quickly grab the whole StubHub zone and then work backwards or just use
the zone that is preferred. Otherwise, it's actually a pretty time intensive process to make sure you get everything.

Ability to select Zones on a seating chart instead of just individual sections. - CURRENTLY SUPPORTED

Something that I really like that other autopricers besides you had an issue with is setting up comparables for
sections that don't currently have any listings in them. This is especially important for small theaters or niche
events that have a lot of orchestra and floor sections but only a few listings on StubHub altogether. Being able to
select all the floor sections so that if any floor popped up we could still price against it in the future is awesome.
Please don't lose this feature. This would be made even better by allowing the bulk zone selection requested
above.

Ability to select sections that don’t currently have tickets but will recognize new listings if they appear on stub hub. Thanks
for liking this aspect and we won’t lose it! - CURRENTLY SUPPORTED

I think being able to edit the outlier percentage from the main screen like you are able to with the floors would be
useful. If you are tracking an event closely, sometimes this is critical (we've seen this during the last day when
you are trying to get everything sold). The problem currently is that when you go into adjust the outlier then it
reverts the floor back to the default. So sometimes there's this constant battle between floors and outliers and
forgetting to change each of them during the update.

Please Clarify - I believe giving the user the ability to see their current outlier % on a listing and if it is excluding a listing on
the main listings view for an event and allow them to update it.

We've seen some issues with the comparables loading fast enough to actually be able to select a price. I know
this is probably the delay due to the API, but there may be a way to help avoid setting up a listing with no
comparables just because the tickets didn't get loaded properly. The use-case here is usually just a slight update
to the split or something so a super fast Update Pricing click and then the stuff isn't on the next page when you
immediately want to click Update Rule. Pretty nit-picky here but

We’ve made some updates to the way we load Stubhub data so we’ll now wipe clean any data tables and add loading
icons so you won’t see any partial/bad data before the correct data comes back. This shouldn’t be an issue anymore but
let me know if you see these types of things still happening.

For the GA events, I think you could redo the rows a little bit on the first page. Rather than grouping by row which
isn't that useful for GA since they are all the same, I think this should be replaced by just a straight price
distribution of the GA. This would save a lot of going back and forth between the pricing and rule screen for GA
because we are constantly checking what splits and disclosures get us in at the right price comparable. On that
note too, what I do really like is that I've realized the total GA listed on StubHub is basically found using the
section number below the row, so definitely don't get rid of that, it's very useful.

For GA Events, would it be useful to automatically select all splits and uncheck exclusions? Basically you would like the
data on the first page to show cheapest listings by split instead of row because all rows are equal in that they’re all GA?

With the rise of mobile transfer and flash seats, it would be potentially also useful to have these disclosures (with
them de-selected by default like the other common stock types) but I understand if there are limitations there to
what the StubHub

Add Mobile Transfer and Flash Seats disclosures or delivery methods to be able to use in pricing a rule.

Note that sometimes the stage is also selectable on the map, and while this isn't a huge issue when you are
trying to select a ton of floor sections and accidentally hit it, then it has a SH API error because it's not a section
and you have to start over. Not a priority, but something to note.

We can make sure that the concert stage is not selectable on an interactive chart because it causes a SH API error.

Without getting super complicated and ahead of ourselves, I think being able to designate the number of listings
that can be included in the outliers would be helpful. This can obviously be fixed with some in-depth parameters
but really the only problem that we are trying to avoid here is like when we choose enough sections to be
competitive and there just happens to be two really low listings instead of only one. The default number of outliers
can still be one, but for some events we have had to mess around with the settings and floor to get around this,
only to need to update it again later once one of those outliers finally sold so that it was back functional.

Advanced functionality around being able to properly exclude more valid outliers. We’re adding in advanced outlier logic
over the next 2 weeks that should help you achieve this.

It looks like you have some room to work with on the listings page, so if you already have most of the parameters
on the front that you can see in bulk, it might just be helpful to show split quantity and row comparison on the
front page too next to the section, just so as you browse through you can see if anything is set incorrectly. This
may be fixed just by the group listing though because then you would know everything has the same parameters
by nature.

Way to see on the listings view of an event exactly what the section, split and row parameters are for a rule on that listing
so a user can quickly verify that rules are setup correctly.

CONFIDENTIAL - ATTORNEYS' EYES ONLY A-326 BG-SS000004694


Case 19-440, Document 59-1, 08/13/2019, 2631502, Page38 of 98

so a user can quickly verify that rules are setup correctly.

Long-term

I know Brendan mentioned on the phone you guys are working on the template and ranking stuff, so I'll hold off
feedback or feature requests for that until it's operational.

Templates will be available in the next 1-2 months. Please clarify what you mean by “ranking”.

Same goes for season ticket pricing and group pricing.

Let me know what season ticket pricing and group pricing feedback you have, but we are adding additional functionality to
both of those. I just want to make sure we’ll cover everything for you.

Brendan O'Donoghue
Director of Operations at Seat Scouts

Direct 919-295-9044 Phone 919-670-3569 Email brendan@seatscouts.com


Website http://www.seatscouts.com/

Automate Your Everyday

On Oct 7, 2017, at 2:44 PM, Lew & Dowski Capital <lewanddowskiticketutils@gmail.com> wrote:

Drew,

Here's some feedback that we've assembled over the last few weeks of using the system. Overall, it's the best we've
seen so far by a long-shot. It actually works. We really haven't had any fundamental functional issues at all, which is
pretty unique haha.

To help with this long list I put them in order of highest priority first (the first couple are exponentially more important than
the rest of them actually)

Short-term

I think it would really benefit from some indication on the front page whether an event has rules associated with
it or it doesn't, or being able to filter between stuff that is on CC or not set up on CC. I know Broker Genius has
this, and I'd say this is the one area that we've had internal frustration with because we thought we put
something on CC and then maybe we merge or split it and so it loses it's rules and we come back a few days
later and go into the event and see the listings and realize that there's no rules. In summary, events that have
and don't have rules look the same, and it's only stuff at floor or no comparables that gets the needs attention
banner.
One thing that would be really beneficial is if the site was at least able to used on a mobile device. It doesn't
need to be dynamic or responsive or even look pretty, we just need to be able to change the most critical
parameters and hit the pricing/rule button. This may parlay into a lower request where you can edit some other
key info from the main listing screen for an event. The use-case here is when we have stuff all set up but
maybe we are between locations and just need to change the splits or floor or actually deactivate it from our
phone. Right now we are basically helpless if we go on the road and it's on CC and so usually this is a good
thing, but other times when we are basically fighting it every 5 minutes because we can't the rules off until we
get back to our computer haha. This was a big problem with Broker Genius, so I think this would be a big
feature. Again, just has to be functional where we can hit the button. Right now we can see most of the
information but since on the desktop it slides out from the right side, we can't quite hit the view tickets and hit
the buttons on the phone.
I think it would be really beneficial to be able to bulk select zone and then de-select from there, I think this
should be doable with the StubHub API using their designations for zones as the default until you get the venue
templates and ranks in place. For places that have really small or hundreds of sections (suites, VIP boxes, floor
tables, basically anything that has tons of sections with very few seats in it that are all basically equivalent from
a pricing standpoint), if you are able to quickly grab the whole StubHub zone and then work backwards or just
use the zone that is preferred. Otherwise, it's actually a pretty time intensive process to make sure you get
everything.
Something that I really like that other autopricers besides you had an issue with is setting up comparables for
sections that don't currently have any listings in them. This is especially important for small theaters or niche
events that have a lot of orchestra and floor sections but only a few listings on StubHub altogether. Being able
to select all the floor sections so that if any floor popped up we could still price against it in the future is
awesome. Please don't lose this feature. This would be made even better by allowing the bulk zone selection
requested above.
I think being able to edit the outlier percentage from the main screen like you are able to with the floors would
be useful. If you are tracking an event closely, sometimes this is critical (we've seen this during the last day
when you are trying to get everything sold). The problem currently is that when you go into adjust the outlier
then it reverts the floor back to the default. So sometimes there's this constant battle between floors and
outliers and forgetting to change each of them during the update.
We've seen some issues with the comparables loading fast enough to actually be able to select a price. I know
this is probably the delay due to the API, but there may be a way to help avoid setting up a listing with no
comparables just because the tickets didn't get loaded properly. The use-case here is usually just a slight
update to the split or something so a super fast Update Pricing click and then the stuff isn't on the next page
when you immediately want to click Update Rule. Pretty nit-picky here but

CONFIDENTIAL - ATTORNEYS' EYES ONLY A-327 BG-SS000004695


Case 19-440, Document 59-1, 08/13/2019, 2631502, Page39 of 98

when you immediately want to click Update Rule. Pretty nit-picky here but
For the GA events, I think you could redo the rows a little bit on the first page. Rather than grouping by row
which isn't that useful for GA since they are all the same, I think this should be replaced by just a straight price
distribution of the GA. This would save a lot of going back and forth between the pricing and rule screen for GA
because we are constantly checking what splits and disclosures get us in at the right price comparable. On that
note too, what I do really like is that I've realized the total GA listed on StubHub is basically found using the
section number below the row, so definitely don't get rid of that, it's very useful.
With the rise of mobile transfer and flash seats, it would be potentially also useful to have these disclosures
(with them de-selected by default like the other common stock types) but I understand if there are limitations
there to what the StubHub
Note that sometimes the stage is also selectable on the map, and while this isn't a huge issue when you are
trying to select a ton of floor sections and accidentally hit it, then it has a SH API error because it's not a section
and you have to start over. Not a priority, but something to note.
Without getting super complicated and ahead of ourselves, I think being able to designate the number of
listings that can be included in the outliers would be helpful. This can obviously be fixed with some in-depth
parameters but really the only problem that we are trying to avoid here is like when we choose enough sections
to be competitive and there just happens to be two really low listings instead of only one. The default number of
outliers can still be one, but for some events we have had to mess around with the settings and floor to get
around this, only to need to update it again later once one of those outliers finally sold so that it was back
functional.
It looks like you have some room to work with on the listings page, so if you already have most of the
parameters on the front that you can see in bulk, it might just be helpful to show split quantity and row
comparison on the front page too next to the section, just so as you browse through you can see if anything is
set incorrectly. This may be fixed just by the group listing though because then you would know everything has
the same parameters by nature.

Long-term

I know Brendan mentioned on the phone you guys are working on the template and ranking stuff, so I'll hold off
feedback or feature requests for that until it's operational.
Same goes for season ticket pricing and group pricing.
I'll just leave all of the long-term stuff for later, I think it's premature to go into it right now.

Thanks,

John

CONFIDENTIAL - ATTORNEYS' EYES ONLY A-328 BG-SS000004696


• 0 . < ITI © " portal.stagefronttickets.com c i!J 01
Ticket Rack v Ticket Evolution v Personal v Shows On Sale Wake SPCA ... t ion Center All ister North Hills Boat-ed.com Maximizing ... ncome Report AmazonSm ile

Auto Pricer - Portal - Stage Front Tickets Pricing - Portal - Stage Front Tickets Billy Joel San Francisco Tickets - Billy Joel 09/05/201 ... Search For Presale Concert Events & Tickets +
;-=s

SJHGE~FROHT Pricing ... Reports... Sales• Purchasing• Support• Drew.TicketRack•


CONSIGIMEBT

Filters « Events
-
ID Headliner Event Name Date • Day Time Venue Section Row Quantity Seats
Choose category v I ,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,- -,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,-,
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
807545 Billy Joel Billy Joel 09/05/2015 Saturday 8:00 PM AT&T Park FLO 5 21 2 19 - 20
Billy Joel v J (Concert)
···················································-··························································-··························································-··························································-················································-····························
AT&T Park (Concert) v J
807552 Billy Joel Billy Joel 09/05/2015 Saturday 8:00 PM AT&T Park FLO 5 15 2 27 - 28
(Concert)
Choose Event v J 807543 Billy Joel Billy Joel 09/05/2015 Saturday 8:00 PM AT&T Park FLD 1 9 2 19 - 20
(Concert)
~rt~~ I~
End Date IE3J

Section I
~w I
Minimum Quantity I
Choose User IvJ
Auto Priced: ( ) OFF )

A-329
At Floor: ( ) OFF )
. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

No Comparables: ( ) OFF ) x
[ Saved Rules Jf Comparables ll Rules
In Error: ( ) OFF )

Settings
Zones J Sections Rows
[ Reset Filter [{] Instant Download
J View Seating Chart I[ ~ +j~ Next + l [Start RanQeJI End Range ID All Rows
- --
I{] LMS
Na ... Min Price #l [] Na... Min Price # Listings #l [] Na... Min Price # Listings
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page40 of 98

D
Lowest Comparables rt) UPS -
$197.29 4
o· - 131 No sections were fou'ld for this event No rows were found for this event
Price: $165.80 SH Price: $178.00 Splits: EJ 1 ~2 LJ Club $178.88 86
.............................-................................................-.........
E] 3 E] 4 Ll] Floor $168.50 527
..............................-................................................-............
E) 5 E) G D Lo... $161.25 480 131
Status E) 7 E) B [] View $61.61 552 26~
~: Loading... ]
~ Last Activity: March 12th 2015,
EJ 9 E) 10
2:35:54 pm
Exclude Traits: [{] ~ [{] ~ [t]
Monthly Stats: 191

Enabled: «·U•) Start Configuration

Confidential--Attorney's Eyes Only SS79572


• 0 . < ITI © " portal.stagefronttickets.com c i!J 01
Ticket Rack v Ticket Evolution v Personal v Shows On Sale Wake SPCA ... t ion Center All ister North Hills Boat-ed.com Maximizing ... ncome Report AmazonSm ile

Auto Pricer - Portal - Stage Front Tickets Luke Bryan Cincinnati Tickets - Luke Bryan 07/18/2015 Paul Brown Stadium ... Pricing - Portal - Stage Front Tickets +
_ _.,~· --

STHGE~FROHT Pricing ... Reports... Sales• Purchasing• Support• Drew.TicketRack•


CONSIGIMEBT

Filters « Events

ID Headliner Event Name Date • Day Time Venue Section Row Quantity Seats
Choose category v I
831243 Luke Bryan Luke Bryan 07/ 18/ 2015 Saturday 4:30 PM Paul Brown FLOORD 30 2 3-4
Luke Bryan v J Stadium (End
Stage)
Paul Brown Stadium (End Stage) v J ······································-················································-················································-················································-················
831244 Luke Bryan Luke Bryan 07/18/2015 Saturday 4:30 PM Paul Brown FLOORA 17 2 17 - 18
Stadium (End
Choose Event v J
Stage)

~rt~~ I~
End Date IE3J
Section I
~w I
Minimum Quantity I
Choose User Iv J

Auto Priced: ( ) OFF )

A-330
At Floor: ( ) OFF )
. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

No Comparables: ( ) OFF ) x
[ Saved Rules Jf Comparables ll Rules
In Error: ( ) OFF )

Settings
Zones Sections
[ Reset Filter [{] Instant Download
J View Seating Chart I Next + j x I End Range ID All Rows J
I{] LMS [] Name Min Price #Li!.
Name • Min Price # Listings [] Na ... Min Price # Listings
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page41 of 98

D
WiiiWO I I I t---
Lowest Comparables rt) UPS ---
D Club $138.99 67 rt] Field A $155.95 52 [J 15 $503.26 1
Splits: ··········r··································································-················································-············1
Price: $162.97 SH Price: $175.00 EJ 1 ~2 I [{] Field D Field B $196.23 28 [J 16 $180.00 8
. .tf r·Fi~·ici E·~·ci z~~~
.. . . . . . . . . . . . . . . . . . . . . .$143.23
. . .$.0.:aa. _. a350
.............
E] 3 E] 4 [] Field C $195.00 36 ~ 17 $187.75 5
E) S E) G D Field Sideline $0.00 O [] Field D $195.00 29 [] 18 $171.85 5
Status E) 7 E) B [] Lower $137.93 388 ~ 19 $179.01 8
,q . J....~~:!.~. .~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~.~.~.~.:?.?.. _. ~~.
EJ 9 E) 10 D Middle $146.41 7 [] 20 $256.65 2
~ Last Activity: March 12th 2015, . .['.l] r·Fi~·ici .i4a·:aa. -..31i2'. .
tf Field. c;F...........................................................................$$160.19
11:12:00 pm D Middle Corner $0.00 O D 23 $223.79 2
Exclude Traits: [{] ~ [{] ~ [t]
Monthly Stats: 269 [] Middle End Zone $0.00 O [] Field H $154.89 21 ~ 24 $161.25 4
[] Party Deck $0.00 O [!] Field J $151.71 31 D 25 $155.95 14
Enabled: «•WI ) Start Configuration <l-""1A""1 ")C ") r.1 c;,.1~ v d-1A'J ")'J t::1 r.i ")t:: d-1 "'7"'7 A""1 1
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Confidential--Attorney's Eyes Only SS79573


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• T icket Rack" T ic ket Evolution" Persona " Shows On Sale Wake SPCA ... l ion Center Allister North Hills Boat- cd.com Maximiz ng ... ncomc Report Amazo nSmilc

Auto Pricer - Porta - Stage Front Tickets Kelly Clarkson San Oiego Tickets - Kelly Cl. .. Pricing - Portal - Stage Front Tickets 1Ticket.com

Filters l« J Events

lvl J nt Name Date ..... Day Time Venue Section Row Quantity Seats Cost Price
IOmose category
y Oarkson 08/ 12/2015 Wednesday 8;00 PM Key Arena (End 127 13 4 5-8 $124.76 $334.90
Kelly Clarkson lvl Stage)

Iv111 Y Oarkson 08/ 12/2015 Wednesday 8;00 PM Key Arena (End 115 13 4 9- 12 $124.76 $334.90
IOmose Venue Stage)
Choose Event Iv1 y Clarkson 08/ 12/2015 Wednesd ay 8:00 PM Key Arena (End 115 13 2 15 - 16 $124.76 $162.97
Stage)
Start Date [3
y Oarkson 08/ 16/2015 Sunday 8;00 PM Viejas Arena (End CCC 2 2 9- 10 $126.86 $342.73
Stage)
End Date ~
y Oarkson 08/ 16/2015 Sunday 8;00 PM Viejas Arena (End CCC 4 2 5-6 $126.86 $940.33
Section I Stage)
• ·• ·• ·• ·• ·••·• ·• ·• ·• ·• ·• ·• ·• ·• ·• ·• ·• ·• ·• ·• ·••·• ·•

y Clarkson 08/16/2015 Sunday 8:00 PM Viejas Arena (Elld Q 6 6 1-6 $126.86 $940.33
~w I Stage)
Minimum Quantity I y Oarkson 08/ 16/2015 Sunday 8;00 PM Viejas Arena (End Q 8 4 1-4 $126.86 $940.33
Stage)
Choose User Iv J
y Oarkson 08/ 16/2015 Sunday 8;00 PM Viejas Arena (End G 6 4 9- 12 $126.86 $940.33
Auto Priced: c) OFF ) Stage)
y Oarkson 08/ 16/2015 Sunday 8;00 PM Viejas Arena (End CCC 5 2 5-6 $126.86 $940.33
At Floor: ~j OFF Stage)

No Com pa rabies: l ) OFF

In Error: () OFF )

A-331
Reset
x
Saved Rules 11 Comparables II Rules
Lowest Comparables
Settings
Price: $940.33 SH Price: $999.00 Sections
Match All: OFF
I Next .. x 6 I~ Al l Rows A-Z AA-lZ Next +
'-
r-
Delivery Methods: rt] Electronic Min Price If. Listings Name Min Price # Li! Na ... Min Price # Listings # Tackets
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page42 of 98

...._ ri
r-
[1] Instant Download $100.65 11 '--
Elevated A $99.00 9 El 7 $229.09 2 8
r:-
[1] LMS $76.45 21 '--
Elevated B $188.56 2 L1 8 $188.81 1 6
.................................................-.............................. r-

[{] UPS $99.00 25 ...._ Elevated C $123.97 1 ri 9 $171.85 2 8


r-

Splits: El l [11 2 $155.95 35 '--


Elevated F $200.00 2 IC1 10 $176.09 2 10
7 Elevated G $171.85 6 LI 12 $169.73 1 6
El 3 El 4 -............
................................................................................................................................. ..
'"]_ Elevated Q $169.73 4 E1 22 $220.00 1 6
EI S El 6 ................................................................................................................................-.............
= Elevated U $148.00 1 ri 23 $210.00 1 6
El 7 EI B
El 9 El 10
Exclude Traits: [1] ~ rt] ,« [1]
~ Last Activity: March 15th 2015,
3:12:25 pm
Monthly Stats: 291

Enabled: «.n1 ) t<eset Configuration

Confidential--Attorney's Eyes Only SS79574


STRGEofRONT Pricing • Reparts. Sales· Purchasing. Support. Drew.TicketRack·
COK Sl;MN!Nl

Filters « Events I Inventory StubHub

O\oo"' category Events Arlana Grande Tulsa Tickets· Ariaia Grande BOK o
~
Ari.:1n:> Gr:>nj c Event Dav Date . Time Venue Coen Re!o>rved Sold 10/07/2015 O:JO PM
4riana Grande Tuesday 09/ 22/201S 7:30 PM Bridgestone Arena (End stage) 2 0 12
OlOO~ \.in ,.. Rters
<lriana Grande Thursday 09/ 21/ 201S 7:30 PM PNC Arena (End Stage) 2 0 1
09/ 17/2015 [] ·····································································································-··- · .. .
<lriana Grande Wednesday 10/07/201S 7:30 PM BOK Ceit... (End stage) 30 0 11
Listings Siieo a...u
<lriana Grande Sunday 10/l l/201S 7:30 PM Ametical Ai~inesCent.,. (Eid Stage) 6 0 12
-13
Section
- StubHub Tickets
Row 2661.istings 1915 Todtets ~ El E!I E
Mmimum ~ntJty S<ctioi Raw Qty

Lower 1.-' 103 s 2


~ ... Slnee Wt Updote I
Lower 1.-' 103 IV 2
Lower Level I 03 u 2
Re-..et Tickets
t.ower Level 1Qt, v l
._j r.a Mark Ewnt RevieY.ed + Add Tockets $ View Sales Lower Level 106 v 2
~leet saved ~rcn v Qty S:<tion • Row Scot. Price SI Pric.c: Cost Properties Int.... Cxt... Spl:its Lower Lovol 101 Q 2

A-332
Q IHI f1l I")lj 8 Ill H 12 . 1g $111.91 $133.18 $89.13 e-ti... Default Lower Level 108 D 2
I'.! .4 nm
--- Lower Level 102 F 2
Delete Save Q IHI
~I ")II 5 111 12 . 16 ~107.47 ~127.99 $89.13 e-tl... oerautt
--- --· ~ Lower Level 107 R 2
[cy] 2 111 A 17 • 18 $143.38 $170.00 $89.13 Default
"" ltl~ Lower Level 104 Q 2
' !Iii 2 111 8 IB • 1g $107.47 $127.99 $89 .13 e-ti... Default
• Lower Level 108
R:R Rll P.! ~ 1~ D 2
---
!Ill 2 111 : 14 • IS $107.47 $127.99 $89 .13 e-ti... Default Lower Level 108 D 2
Fmrm P.! ~ 1im
--- Luwi.::r l.t::vi:I 103 N
Q !Ill ~ w. 3 111 K 12 • 14 $107.47 $127.99 $89 .13 e-ti... Default •
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page43 of 98

- - -· P.! - 1im Lower Level 108 Q 4


Q IHI ~ ~ 2 111 c 14 • IS $107.47 $127.99 $89.13 e-ti... Default
P.! - 1im I nw~r I ~11 0~ r. 7
Q 4 Fl c I •1 $0.00 $0.00 $83.?3 I'.! #~ 25-... Default
Upper ~ l 326 Q 8
Q 2 Fl 8 11 • 12 $0.00 $0.00 $83.?3 I'.! #~ 25-... Default Fl00<I H 2
Lower 1.-' 108 D 2
Roor '! H 4
Lower 1.-' 105 G 2
Lower 1.-' 104 L 2
Aoor : 2 H 2
Confidential--Attorney's Eyes Only SS79578
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--=--
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C OKS ICKN !!l

Filters (( Events R Inventory Marketp lace (»).


,- Event StubHub U Tid<etsNow
Events Show Sold: ( J OFF )
Cl'oose category Red Hot Chili Peppers
~I Event Day Date • l Time Venue Cost Ope... Sold Unprice... Unshcr... Taos
Ked-flot Chlll l-'eppers t-naay UE/ l l { l Ul l . S: UU PM Mal fSOtl Square-:rarc:Jen $>1UU/ :-'ID 6 J '4 0 0 --~-----<
Red Hot Chili Peppers ~I 5/ 21/ 2017 8 :00 PM
Red Hot Chili Peppm Thursday 03/ 02/2017 7:00 PM Pepsi Center $13,070.05 35 86 0 0
Cl'oose Venue ~I - G nlters - - - - - - - - - - - - - - - - -
Red Hot Chili Peppm Sunday 03/ 05/ 2017 6:00 PM Val 1ey View casino Center $11,737.00 8 97 0 0
Slllrt Date !QI Red Hot Chili Peppm Tuesday 03/ 07/ 2017 7:30 PM Stoples Center (End Stage) $7,582.25 39 28 0 0
Listings Charts
El1d Date Red Hot Chili Peppm Wednesday 03/ 08/ 2017 7:30 PM Stoples Center (End Stage) $3,849.45 4 31 0 0
!QI Red Hot Chili Peppm Friday Stoples Center (End Stage)
03/ 10/ 2017 7:30 PM $18,080.75 26 129 0 0
261 Listinos I 726 Tickets Fetch
r Tickets -------------~ Ked Hot Ch1h 1-'eppers Sarurday 0~/ 1 3/20 1 / l liA Qu cken Loans Arena (Center $4,190.90 36 0 l~ 0
Stage) Secfun Row Qty Pri:e Traits
Section I Red Hot Chili Peppm Sunday 05/ 21/ 2017 TBA Sp1int Center (Center Stage) $11,615.75 97 0 97 0
··············································································································································································································································-····························································································································································- - - - - - Upper 203 8 1 p 2.05 11
Rem I EvP...11t.oe;: g I Cod: $92,R16.SR I Ope n : 258 I Snld: 6 56 I U npric:P.d: 11 2 I Un~hared: 0
I
Uµµt:r 204 9 •I $81.00 11
Minimum Quantity l$J Upper 230 11 2 $83.00 .;t,
05/21/2017 TBA I Red Hot Chil i Peppers I Sprint Center {Center St... Auto Pricer Groups: ( JOFF ) Group Inventory: f.Jll ) Show Sold: ( J OFF )
Days Since Last Update I - Upper 202 3 2 $83.oo 11
-
1-.i.i ~ Mark Event Reviewed E Event Summa ry + Add Tickets $ Vi&rN Sa les
I~
~. T T Upper 232 2 2 $83.00 .;t,
- G Advanc..i - - - - - - - - - Properties Sectior Jb\'I Seats Qt( Splits Price Cost In-Hand Updated Int. Note; Ext... Tag
Upper 230 14 4 $84.95 11
Q !! ~ < 107 2 1-5 5 Default $599.89 $119.75 Nov. <5 m 012-0105...
Upper 230 8 2 $88.00 .;t,

A-333
Reset Q !l ~lll < 107 2 13-15 3 Default $0.00 $119.75 Nov. Neve· 012-0105...
Upper 229 12 2 $89.00 .;t, Ell
, Q !! .-<' 11!1 < FLR2 16 1-7 7 Default $236.88 $119.75 Nov. <5 m 012-0105...
Upper 203 12 2 $92.00 11
16 Nov. Neve· 012-0105.. .
'
ISelect Saved Search bl Q B ~lll < FLR2 Upper 232 15 1 $93.oo 11
$ Change .,,.1c1ng {Advanc-ed)
Q 107 11 Nov. Neve· 012-0105.. .
!! & lff1< og Auto Prich g ~ Upper 203 9 2 $93.01 11
Save
Q B ? llll< 107 9 Nov. Neve· 012-0105... Upper 232 11 4 $93.01 11
~ Mark 1iclet Reviewed
Q !1 ~111 < 106 8 Nov. Neve· 0 12-010~... Upper 202 12 2 $94.99 11
<!/:> Hide Seats
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page44 of 98

Q !! ~lll o¢ FLRl 13 C Re-list Lis:ing Nov. Neve· 012-0105... Upper 232 6 2 $95.oo 11
Q !! -<> 11!1 < FLRl 9 Invoice Nov. <5 m 012-0105... Upper 202 3 4 $95.oo 11
;9· ' o¢ Edit Sharing Upper 232 5 4 $95.70 11
Nov. Neve· 012-0105...
.Q. . . . . . . . . . . . . . . . . . . . . . pj~iff.i ;;:; · FLRl ···················
o ·································· pj~ itii ;;:; · FLR:; ··················· ;5········· ~.s Upper 204 2 2 $96.oo
Spl ~ Listing Nov. Neve· 012-0105... 11
Change Internal Notes Upper 231 2 4 $96.oo 11
Q PJl ~lll < FLRJ ?9 @! Now N l:V~ · 0 12~ 1 05...

Olange External Notes Upper 201 8 2 $97.oo 11


o - !! .., 11!1< 107 - 14. II Nov. <5 m 012-0105...
Modify 6): Upper 232 5 2 $97.96 11
Q !! ~lll o¢ 107 14. l·l f$"J Nov. Neve· 012-0105...
Upper 231 3 1 $97.96 11
Listing Splits: !vii
Q FLR3 29. I Nov. <5 m 012-0105...
m~< Upper 202 3 2 $98.so 11
Ct' Edit Section/Row
Upper 204 1 4 $99.oo 11
~ Tag Listing
Upper 230 4 4 $99.79 11
lll1 Edit Cost
Upper 201 1 4 $99.99 11
~ View POFs
Upper 229 2 2 $100.00 11
)( Delete Inventory
Listings: 15 I Qty: 97 I Cost: $11,615.75 I Price: $6, f t Upper 232 12 4 $100.88 .;t,
· ~ Help
Confidential--Attorney's Eyes Only SS79579
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Ticket Rack v Ticket Evclution v Personal v Shows O n Sale Wake SPCA .. .tion :enter Allister North Hills Boat-Cd.com Ma>:imizing ... ncome Report AmazonSmile

Pricing - P:>rtal · Stage Front Tickets Find tickets for 'ed shee·an at Tickc:mast ... Ed Sheeran tickets - Ed Sheeran tour dat .. . https://wbillpay.vcrizonwiretess.com/vz . ..

Filters stubHub

IChoose category bl Events Maroon 5 Sunrise Tickets - Maroon 5 02/24/2015 BB&T center Tickets
on SrubHub!
IChoose Headliner bl ....~~.~.~ ~.~..........................~.~.~~.....................?~.~................... I Date ... ..... I Time ...................~~.~~ ............................. ?~~ ~~.~~ ~~~ ..... .... . . . ----
M;:iroon S M;:iroon S Ti 1P~c;ct ;:iy 07/ 74/ 7015 7:.10 Rv1 RAAT f'..Pnh"!r 7 O 40 Date 2/24! 2015 7:3 0 PM
IChoose Venue bl ......................................................................................................................................................................................................................................................................................................................
Bob Sege< Bob Sege< Wednesday 02/25/ 2015 7:30 PM Viejcs Arena 14 0 4 Secti•) O;
v (End stage)
Duke Blue Devils Duke Blue Saturday 02/28/ 2015 TBA cam ~ron Indoor 2 0 0 Row:
Start oate !QI Devilc V C .stad·um
Syracuse Min. Qty.:
End Date !QI Orange

Section Maroon S Maroon S Saturday 02/28/ 2015 7:30 PM Bankers Life 17 0 35


Fieldlouse SP.arch CIP.r.r
Row Alan :ad<son Ala n Saturday 02/28/ 2015 7:00 PM Ak-Cllin Pavilion 6 0 2
Jackson
Quantity I Listings [ Sales I Charts J
Bob Sege< Bob Sege< Tuesday 03/03/ 2015 7:30 PM Sleep Train 10 0 18
f'lay< Sine» I a<t llr>Oa!P ArP.m fFOO
stubHub Tickets
Tickets -
Tote! Listings: 92
../ Mark Event Reviewed
Reset Filter ~ Section
~ El E!I EI ~ El 00 ~
R.. Qty Price Trarts
St:t:l o n RLJw ... St:<1l s CUsl fd Lt PfiLt: 5; PriLt: E·T... ' I Upper 323 ll 2 $9 S.99
~
ISelect Saved Search bl Upper 330 1: 2 $96.05
~
Upper 330 B 2 $9 7. 37

A-334
~
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' O ub 31 6 2 $98.53
~
Upper 323 13 4 $98.53
~
Upper 323 14 4 $98.53
~
O ub 31 3 2 $101.17
~
O ub 31 2 2 $102.38
~
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page45 of 98

Lower 124 20 2 $103.59


~
I nwP.r 1 J4 1) ~ $10~.4Q
~
Lower 124 23 2 $112.45
~
Lower 129 ll 2 $1:4.77
~
Upper 333 6 I $118.19
~
Lower 129 IS 2 $1:8.25
~
Upper 331 10 3 $112.89
Lower 124 I: 2 $115.00
~
Lower 124 11 4 $116.37
~
Lower 129 IS 2 $119 .85
~
Upper 320 2 I $131.14

Confidential--Attorney's Eyes Only SS79580


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• " . <
Ticket Rack v Ticket Evolution v Fersonal v Shows O n Sale Wake SPCA .. .tion Center Allister North H lls Boat-Cd.com Maximizing .. . ncome Report AmazonSmilc

Pricing - Portal - Stage Front Tickets Fleetv1ood Mac Charlotte Tickets - Fleet\•1ood Mac 0~07/20 1 5 Time Warner Clble Alena Tickets on StubHub!

Filters stubHub

Choose category bl Events Dave Matthews Band Mansfield Tickets - Dave Matthews Band
06/13/2015 Xfinity Center Tickets on StubHub!
Headiner Event Day Date """ l me Venue Open Reserved Sold
Dave Matthews Band bl Theater Date: 6/13/2015 7:00 PM
Choose Venue EJI Dave Matthews Band Dave Sab.rday 06/13/ 2015 7:00 PM Xfinity 4 2 6
Matthews Center - Section:
Choose E\>ent bl Band MA
Row:
0212712015 !QI Dave Matthews Band Dave Friday 06/26/ 2015 7:00 PM Susqueha... 8 0 6
Matthews Bank
Min. Qty.:
End Date !QI Band Center
Dave Matthews Band Dave Sab.rday 07111/ 2015 7:00 PM Farm 74 0 0
Section
Matthews Bureau Live II SP.arch CIP.ar
Row
Dave Matthews Band :: liJesdav 0712 1120 15 TBA Molsan J n J J
Quantity Invoice Listi ng (X) ·• Listings Charts

f'lay< Sine» I a<t llr>Oa!P Selected Event For.,


stubHub Tickets
Tickets
Event: Delivery Type: @ None () Email El Physical Total Listings: 393
~ Commit Changes
Reset Filter Da.e Matthews Band
Seats: Section
~ El Ell IEI ~ IEI 00 ~
R.. Qty Pn:e Trarts
St:t:to11 ... Date: [Lawn GA 2 $80.65
Q SEC12 06/13/2015 Lawn 410 1 $&).65
ISelect Saved Search bl ·····························································!
Q Q SEC4 Time: • Seat s - Seats must be consecutive at t he beginning or end of p
Open Air 9 2 $81.81
7:00 PM listing

A-335
Lawn GA 4 $81.97
Save < Section: Open Air 9 N 2 $84.13
SEC 4 Open Air 15 K 3 $84.13
~
Row:
G
Ell
Open Air 9 E 2 $8;.29
Lawn GA 2 $8;.29
Open Air 9 Q 2 $1».45
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page46 of 98

Cancel Submit Lawn GA 20 $1».45


Open Air 9 B 2 $87.61
Lawn GA 6 $87.6 1
Lawn GA 2 $83.49
Lawn GA 8 $83.76
Lawn 27 2 $83.77
Open Air 9 B 2 $83.77
Open Air 9 Q 2 $83.77
l ;:iwn I .. ~ $IN.On
Lawn GA 1 $89.93
Lawn GA 2 $89.93
Lawn GA 3 $89.93
Lawn GA 4 $89.93
Open Air 15 M 2 $89.99
n .......... " :.. i c- , itn'.\ nn

Confidential--Attorney's Eyes Only SS79581


• 0 . < ITI <D " portal.stagefronttickets.com c r!J 01 0
Ticket Rack v Personal " Interesting Apps" Shows On Sale Wake SPCA ... t ion Center All ister North Hills Maximizing ... ncome Report
Pricing - Portal - Stage Front Tickets Auto Pricer - Portal - Stage Front ... Andrea Bocelli Washington [12/1 ... Search For Presale Concert Even ... Tickets I Andrea Bocelli - Washin ... 1Ticket.com +
-- ~ --

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CO"Sl,llMENT

Filters J Events l[ Inventory } StubHub »

Events Ed Sheeran Nashville Tickets - Ed Sheeran 09/13/2015 Bridgestone


Headliner Event Day Date ..... Time Venue Open Reserved Sold Arena Tickets on StubHub!
Ed Sheeran v
1,..cnu::::1 \,L.nu
Stage) Date: 9/13/2015 8:30 PM
v
Ed Sheeran Ed Sheeran Sunday 06/14/2015 7:30 PM Rexall Place 6 0 12
v Section:
Ed Sheeran Ed Sheeran Wednesday 06/17/2015 7:30 PM Scotiabank 2 0 0
[j Saddledo... Row:
(End Stage)
................................................................................
[jl • Ed Sheeran Ed Sheeran Sunday 09/13/2015 7:30 PM Bridgestone 2 0 0 • Min. Qty.:
~!:=======================================!
Arena (End
Stage GA
Pit)
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Ed Sheeran Ed Sheeran Wednesday 09/16/2015 7:00 PM First 12 0 0
Midwest
Bank r Listings l( Sales ] ( Charts ]
Amphithe...
StubHub Tickets
Mark Event Reviewed
Total Listings: 669 D 1[!J D I~ D 11)( D

A-336
Reset Qu... Section Row Seats Ext... Splits Cost Price SH Price Face E-T... Int.. .. D f"\h, [).,.;,..,.,, Tr-""'i-1-r
c"'~"""

Auto Pricer x
Lowest Comparables «J ( Saved Rules lJ Comparables ll Rules J
~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Settings Zones Sections Rows


Price: $906.36 SH Price: $1,044.56
Match All : U oFF )
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page47 of 98

Na... Min Price #Listings #1 Na... Min Price #Listings #1 Na... Min Price #Listings
Splits: E1 1 ~2
E1 3 E] 4 No rows were found for this event

E1 5 E] 6
• E1 7 E) B
E1 9 E) 10

Exclude Traits: rt] ~ ~ )( [t]

Start Configuration

Confidential--Attorney's Eyes Only SS79582


~ Pricing - Port al - Stage Frc x Q :arrie Undenvood T ic ke ts x ·. ~ AJto Price r - Portal - Sta g. x IJ;1> Account Sign In x ·. 4D UberConfcrcncc @ x I Drew J
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Filters « Marketplace (»)


r Event --------------~ StubHub U Tid<etsNow
Events Show Sold: ( ) OFF )
Ic~oose catego-y Iv. carrie Underwood Boston Tickets • carrie Underwood TD Garden
Event ... Day Verue Open Reserved Sold Tags
IC~oose Headlirer Iv. carrie Jnderwood Tuesday 02/23/2016 7:00 PM TD Garden {carrie Underwood) 2 0 6 2/ 23/20 16 7:00 PM

IC~oose Venue Iv, AC/ DC (Resclleduled from 02/ 29/2016) Sunday 02/28/2016 7:30 PM Sprnt Center (AC/DC) 4 0 0 - G Rlters - - - - - - - - - - - - - - - - - - -

10212212016 1~
Listings ( Sales ~ Charts
I0212912016 1~.
103 Listings I 233 Tickets Fetch
~ Tickets ------------,

Section RO\'/ Qty Price Traits


[Section
Balcony 324 14 8 $55.00 .;t,
[Row I
Balcony 317 15 2 $56.00 .;t,
IMn1mum Quanoty 1$" Balcony 325 13 4 $59.00 .;t,
Tickets Show Sold: ( ) OFF )
IDays Since LaS': Update Balcony 318 15 1 $59.00 .;t,
~ tt V Mark Event Reviewed E Event Summary + Add Tickets $ Vie\V Sales Balcony 322 10 5 $59.00 .;t,
Properties Section RO\\' Seats Qty Splits Cost Price A-1-P In-Hand Updated lr1t. Notes
Balcony 325 13 4 $60.00 .;t,
Reset
Q Pi! l*il"VI !! ~ IW~< LOGE13 1 11-12 2 Default $96. 13 $242.91 $291.56 Now 22 h 29-56807/NY2 (F".
--- Balcony 330 14 3 $61.00 .;t,
Q !!, ~ ~ PJl ~lllJJ e¢ LOGE12 4 9-10 2 Default $96. 13 $135.00 $163.15 Now 14 h 29-56818/NY2 (".
Bulcony 316 2 1 $66.oo

A-337
ISelect Saved Search bl II rai
Balcony 325 10 18 $67.00 .;t,
<
.Save
' Balcony 319 15 3 $68.00 .;t,
Balcony 322 9 5 $69.00 .;t,
Balcony 303 8 1 $70.00 .;t,
Balcony 324 13 6 $70.00 II
Balcony 324 13 2 $70.00
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page48 of 98

.;t,
Lo3e 20 14 1 $78.00 .;t,
Lo3e 20 19 1 $78.00 .;t,
Lo3e 15 24 1 $78.00 .;t,
Lo3e 17 9 1 $78.00 .;t,
Lo;ie 15 25 1 $78 .00 o1.
Lo3e 20 25 1 $78.00 .;t,
Lo3e 17 16 1 $78.00 .;t,
LOJe 9 22 l $78 .00 .;t,
Lo3e 20 22 1 $78.00 .;t,
Lo3e 15 21 1 $78.00 .;t,
Lo3e 20 22 1 $78.00 .;t,
Lo3e 16 11 1 $78.00 .;t,
Lo3e 16 16 1 $78.00 .;t,
Lo3e 15 26 1 $78.00 .;t,
Confidential--Attorney's Eyes Only SS79583
~ Pricing - Portal - Stage Frc X \ ,,.. Inventory x ~ Drew Gainer's autopric er-' x Money Grabber x . LJ [ Drew ]
• •
+- c-;' c ~ [ a https://portal.stagefronttickets.com/Pricing ~ ] ('b) © Ill e oil © m ~ --
: : : Apps CJ ETS CJ Ticket Rack ~ Persona l ~ Shows On Sa le Money Grabber f Event Watcher UI Conc ierge Live Iii The Pragmatic St ud II Ruby on Ra il s API ~ ID Life - J im Dowd » C:J Other Bookmarks

-- ~ --

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COMSl611MEllT

Filters « f Events l[ Inventory } Marketplace I»

Event ~~~~~~~~~~~~~~ II f StubHub [ TicketsNow J


Events Show Sold: ( J OFF )
Choose category IvI Event • Day Date • Time Venue I Cost Open... Reserve... Sold Unprice... Tags
Smokey Saturday - 09/03/20 f 0---7T30- PM Fiaa lers - -- -$ l,f04:-ro 8 0 - 2 0
Choose Headliner IvI Robinson with Green 1111- EJ Filters
The Colorado Amphitheatre
Choose Venue I...,. I Symphony
i<5. 1a7:·5. . . . . . . . -..5·~·~·ci·~;...................09/.o4/ia.i6. . . . .6.;oo. PM. . . . . . . . . Fi·ci·ci·i~~.............................$i77a·:55. . . . . . . . i8. . . . . . . . . . . . . Ci.. _................c;........................18. . . . . . . . . . . . .i111 f Listings [ Sales ] ( charts ]
0711s12016 IE3l
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End Date IE3 j Amphitheatre
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·····································-········································......................................................................................................................................................................................................-..................................................-......................1. I I0 Listings I OTickets
Bruce Wednesday 09/07/2016 7:30 PM Citizens Bank $8,448.00 72 0 0 72
Tickets -----------~ Springsteen Park Qty
Section Row Price Tra its
(Concert)
ISection I Drake and Wednesday 09/07/2016 6:30 PM Staples $3,250.00 52 0 2 20 II No Data Available
F11ti 1rP ('.pntPr (Fnrt
!Row I Events: 70 I Cost: $148,188.39 I Open:789 I Reserved: 4 I Sold: 558 I Unpriced: 273
IMinimum Quantity f$j
09/04/2016 6:00 PM I KS 107.5 Summer lam I Fiddlers Green A... Group Inventory: CeUM ) Show Sold: ( ) OFF)
IDays Since Last Update I

A-338
[3 Commit Changes ~ Cancel Chanaes ~ Mark Event Reviewed :I; Event Summary if Add Tickets $ View Sales
. 11 I I I I Properties 1 Splits Section • __l Row Seats Qty Cost I Price I A-1-P
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IC: Default 102 BBB 122-125 4 $153.76 $375.00 $433.50
1

Q Default 102 CCC 122-127 6 $154.23 $0.00 $0.00


Case 19-440, Document 59-1, 08/13/2019, 2631502, Page49 of 98

[ Save J P!< ''!WIC:

Listings: 4 I Qty: 27 I Cost: $4,158.65 I Price: $5,995.00 I A-1-P: $6,941.50

Confidential--Attorney's Eyes Only SS79584


• 0 • I I
I ~ Pricing Portal s x ., ~ Inventory x \ ~ Sold Inventory x \ ~ Drew Geinor's aut< x \ $ SeetMetrics x \ fJ Did Bridge Chemic x \ bJ Grabber I Live x \ mMy Account I Wix. x \ rn I Copper Compun< x = ~
f- C 0 I i https:f/port al.st agefronttickets.com/Pricing * I <b) <D Ill 8 .4 ~ m ( •=
: : : Apps Cl ETS Cl Ticket Rack CJ Personal '" Shows On Sal e JfJ Money Grabber Event Watch er l!J Concierge Live 1i3 The Pragmat ic St udi. .. II Ruby on Rails AP I ['.I ID Life· Jim Dowd O Wake SPCA Volunte... Cl Ot her Booknarks
--"~--

STRGE~FROHT Pricing • Reports • Sales• Purchasing. Support• Orew.ETS•


C OKS I CIN!!l

Filters « Event.; U Jnvenflory Marketplace ~


Event ------------~ StubHub U Tid<etsNow
Events Show Sold: ( J OFF)
Ic~oose category Iv. Bru:e Springsteen and the E Street Band Philadelphia Tickets • Bruce
Event Day Date .. Time V"'1ue Cost Ope... ReseN... Sold Unprice... Tags
Springsteen and the E Street Band Otizer<: Bank Parik
IC~oose Headlirer Iv. ProphetsofRage Wednesday 09/ 07/ 2016 7:00 PM Red RocksAmphi:heatre $883.50 3 0 7 0
..
·.................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 9/ 07/2016 7:30 PM
IC~oose Venue Iv, Bruce Springsteen Wednesday 09/ 07/2016 7:30 PM Oti,ens Bank Park (Concert) $e,448.00 24 O 48 24
Bonnie Raitt Thursdof 09/ 08/ 2016 7:30 PM Red Rocks Amphi:heatre $2,424.00 12 0 12 0 - G Rlters - - - - - - - - - - - - - - - - - -
IO<l,/On/701n Ir; Drake and Future Friday 09/ 09/ 2016 6:30 PM Staples C"'1ter (Eld Stage) $2,625.00 5 0 43 0
I0911512016 !~. Kacey Musgraves Wednesday 09/ 14/ 2016 7:30 PM Gre?k Theatre Lo; Angeles $1,087.50 6 0 9 0 ~ Li•tings [ Sales ~I Charts J
Tickets - - - - - - - - - - - - ,
0 l istings I 0 Tic<ets t-etch
[Section II Event Summary (X) Section Row Qty Price Traits
[Row Event Total
Events: 5 I Cost: $15,468.00 I Open: SO I I - fol> Data Available
IMn imum Quantity 1$" Bruce Spri ngsteen Tickets: /2
09/07/2016 7:30 PM I Bruce Springsteen I Ci Show Sold: ( JOFF )
Days
I Since Last Update ~ 09/07/2016 7:30 PM Cost: $5,271.22 -
~ t;t v MarkEve1 ldd Tickets $ View Sales
Citizens B.ank Park (Concert) Expocted $5,531.31
Prcperties I Splits ~ I Qty I sec Revenue: ated int. Notes E
Reset
I
I Sold Expected Net: ·$0.10
Tickctt.: 72

A-339
Expected ·U.UU %
ISelect Saved Search bl Margin:
Cost: $5,271.22 I
<
Open
Save
'I
Price: $5,531.31
Tickets: 0
Commission: $260.19
Cost: $0.00
Net: $5,271.12
Price; $0.00
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page50 of 98

Profit: ·$0.10
Position: $0.00
Profit Margin : ·0.00%
I Margin: 0.00 %
- I

Listing.s: 0 I Qty: 0 I Cost: $0.00 I Price: $0.00 I A·I· P: $0.00

Confidential--Attorney's Eyes Only SS79585


Pricing - P X '<A. Red Hot C X , ~ Auto Price X \ ~ https:/fp o X ', ~ Pollstar X ', '., Search Fo X ', ~ SiriusXM ~X ', e www.usa t X ', D 10.28. 16 X ", ~ Jingle Ball X \, l!J Drake The X ' ,• Thanks 10 1 X , You

~ i https:f/oortal.stagefronttickets.com/Prici~g
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: ; : .l \pps * Bookmarks C'.'.J Personal CJ Cred t Cards ~ Work Links ~ DirectTV mDecaptcha 1lmaget... Cl Eventlnven tory.com ... d Broker Exchange 4i1r My Drive - Google... :;: In tui t Busin~ss Serv .. » E:J Other Bookm ar k s

--=--
STRGE~FRONT Pricing. Reports. Sales· Pun:haslng· Support· Stuart.nc •
COKSIGMN!IT

Filters « Events Inventory M arketplace »


;=~~~-=;

I St ubHuh V Tidteb:Naw }
event ~ Events Sho"' SOid: ( J OFF '
ICtoose category _ I:::: 111 Red Hot Chili Peppers ~n'l!r Tioots - Red Hot Chili Peppers Pepsi
Event Day Date .... Time V"'1ue cost Ope... ReseN... Sold Unprice... Tags
_,....,9 '-J Certer
I C~oo:;c Headliner Iv1 1
Red Hot Chili Peppc<S Thu1'Sda'I 0 3/ 02/2017 7:00 PM Pepsi Center $813.05 5 0 4 0 3/ 02/ 2017 9 :00 PM
ICtoose Venue Iv1 1 Red Hot Chili Peppc<S Tuesday 03/ 07/ 2017 7:30 PM Staples C"'1ter (End Stlge) .$ 5EJ.25 2 0 3 0
Red Hot Chili Pcppcl'S 7:30 PM ~rop lcs Center {End !;tlgc) , rG Filters
I 1110112 016 IC3I • Friday 03/ 10/ 2017 $ 1 ,9~-5 . 72 6 0 12 0
Hamilton Ne-." Yo1k Tuesday 05/30/ 2017 7:00 PM Richard Rodgers Theatre $1,143.20 6 0 0 6 ISection· ~eraI ~
Iend oate IC31j
Hamilton Ne-." Yo1k \'lednesday 06/ 21/ 2017 2:00 PM Richard Rodgers Theatre .$ 7€3.20 4 0 0 4 RO\V:

Tickets =::::;"] Hamilton Ne-." Yo1k Sunday 07/ 02/2017 3:00 PM Richard Rodgers Theatre $1,143.20 6 0 0 6
Min. Qty.: L ____l$:J
Hamilton Ne-.·1 Yo1k Sunday 0 7/ 09/ 2017 3:00 PM Richard Rodgers Theatre $843.20 4 0 0 4
ISection 1
Evnnloe;: 46 I Co~t: $R0,393.13 I 011en: 395 I RAAervP..d: n I Sold : 194 I l Jnpric:P.d: 43 .!. II El 0 ~ IEl
_I [ ] Cear
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A-340
Lowest Comparables «I f Saved Rules ] Comparables .V Rules I
Allow Price 0
Your Price: $199.00 Increase:
Upper Balcony 348 $199.00
Auto RecalrulatQ 0
9 ( 3)
I Splits:
Upper Balcony 346 $350.96
6 (4) Cycle: Iis Minutes E-1
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page51 of 98

Amount Under: - 10.11 f$J


New Price: $199.00 ~
<
Price Floor: L f$J Notify Me: El

.l\uto Price & Save Rule


Confidential--Attorney's Eyes Only SS79591
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page52 of 98
From: Google Calendar <calendar-notification@google.com> on behalf of Zak Ellman <zak@brokergenius.com>
Sent: Wed, 5 Sep 2018 19:02:35 -0400 (EDT)
To: john.lucier@brokergenius.com; sam@brokergenius.com; paulo.kaiser@brokergenius.com
Subject: Invitation: Lava Seats Review@ Thu Sep 6, 2018 10:45am - 11:15am (EDT) (john.lucier@brokergenius.com)
Start Time: Thu, 6 Sep 2018 10:45:00 -0400 (EDT)
End Time: Thu, 6 Sep 2018 11:15:00 -0400 (EDT)
Attachments: invite.ics

more details»
Lava Seats Review
Review Lava Seats

-Initially went in with .99% month to month rate OR $15MM annual volume commitment at .7% with $10,000 goodwill credit amortized over the term.

-#1 concern is stability, Ryan would like to test side by side with competition, for the next two weeks free of charge foregoing the $10,000 credit over the term (risk point as he will probably still want this in two weeks)

-They are very opposed to contracts and want the ability to opt out (discuss penalty or shorter term contract with higher rate)

-Believe they have the ability to price $2MM per month increasing the opportunity size

-Comparison between our pricing and Ticket Logic pricing is "too far apart" according to them. (see email on breakdown of Ticket Logic's pricing

Carrot/Up sell Opportunity

-Ryan would love the ability to have 10-20 events that he can put into our 1 minute quue, this would help our negotiating position tremendously but of course is not a part of our standard product offering. Similar to Lance, we cat

Background of Customers

Signed annual $14MM volume commitment at 1.2% rate in February of 2017 ending in February of 2018

Left for Seat Scouts solely based on stability and have never returned. Ryan claims the days of instability caused such frustration that he was unwilling to come back for a long period of time

Moved to California from Texas to avoid taxes

28 years of age, very friendly with Zak, spent the weekend together in New York, Austin and hung out in Vegas
Wien Thu Sep 6. 2018 10:45am -11:15am Eastern Time- New York
Joining info meet.gooo le.com/cns-scuc-oth
Or dial: +1 567-236-0153 PIN: 590645847#
Calendar john.lucier@brokergenius.com
Vvtlo •Zak Ellman - creator
• john.lucier@brokergenius.com
• sam@brokergenius.com
• paulo.kaiser@brokergenius.com
Going? Yes - May be - NQ more ootions »

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A-341
CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 196793
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page53 of 98

From: brokergenius .com_nrffn0c67j72b1uc3dld32kjek@group. cal endar.google. com


Sent: Wed, 5 Sep 2018 19:02:35 -0400 (EDT)
To: jolm.lucier@brokergenius.com; zak@brokergenius.com; sam@brokergenius.com; paulo.kaiser@brokergenius.com
Subject: Lava Seats Review
Start Time: Thu, 6 Sep 2018 10:45:00 -0400 (EDT)
End Time: Thu, 6 Sep 2018 11:15:00 -0400 (EDT)

<b>Review Lava Seats&nbsp;<1b><br><br>-Initially went in with .99% month to month rate OR $15MM annual volume commitment at .7% with $10,000 goodwill credit
amortized over the term.<br><br>-#1 concern is stability, Ryan would like to test side by side with competition, for the next two weeks free of charge foregoing the $10,000
credit over the term (risk point as he will probably still want this in two weeks )<br><br>-They are very opposed to contracts and want the ability to opt out (discuss penalty or
shorter term contract with higher rate )<br><br>-Believe they have the ability to price $2MM per month increasing the opportunity size<br><br>-Comparison between our
pricing and Ticket Logic pricing is "too far apart" according to them. (see email on breakdown of Ticket Logic's pricing&nbsp;<br><br><b>Carrot/Up
sell&nbsp;Opportunity&nbsp;</b><br><b><br></b><br>-Ryan would love the ability to have 10-20 events that he can put into our 1 minute quue, this would help our
negotiating position tremendously but of course is not a part of our standard product offering. Similar to Lance, we can price out this service, break it down for him and
bundle it into the rate if we feel like it is worthwhile.&nbsp; They claim they do not do onsales so the 60 second cycle speed does not help them. This would be a huge
advantage for them. <br><br><b>Background of Customers</b><br><b><br><1b><br>Signed annual $14MM volume commitment at 1.2% rate in February of 2017 ending
in February of 2018<br><br>Left for Seat Scouts solely based on stability and have never retumed.&nbsp; Ryan claims the days of instability caused such frustration that he
was unwilling to come back for a long period oftime<br><br>Moved to California from Texas to avoid taxes<br><br>28 years of age, very friendly with Zak, spent the
weekend together in New York, Austin and hung out in Vegas

Please do not edit this section of the description.

This event has a video call.


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action~VIEW&eid~MTblbzdhNDVpa2Y3MmNwcjZwMmVpcmMlaXIgam9obi5sdWNpZXJAYnJva2VyZ2VuaXVzLmNvbQ&tok~NjkjYnJva2VyZ2VuaXVzLmNvbV9m
2FNew York&h!~en&eFl.

A-342
CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 196794
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page54 of 98

@
JANUARY 12, 2018
Broker Genius

A-343 1
CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 197939
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page55 of 98

AGENDA

+ 2017 Recap

+ Situation Update

+ Go-Forward Strategy
./ How do we win in 2018
./ Strategic Initiatives
./ Financial Projections

@ Confidential

A-344 2
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Case 19-440, Document 59-1, 08/13/2019, 2631502, Page56 of 98

2017 RECAP

A-345 3
CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 197941
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page57 of 98

OPERATIONAL ACHIEVEMENTS

+ Expanded coverage in Barcelona and Reno


./ Ba rcelona moved into new office in Octobe r and is taking over development and maintenance of UpTick
New Dev Ops techs x 2 to help enhance security and deployments
New Frontend Team x 4 (2 started and 2 coming on in Jan .) to improve frontend of application, an area we are
historically very weak
New Backend Dev x 4 (1 starting in Jan.) to begin taking over V4 and improving quality of code base
New DB Engineer x 2 (1 starting in Jan.) to begin cleaning and standard izing data for all departments and streamlining
how we ingest and store data
./ Reno office opened on October 1 to add prici ng and support coverage
9 pricing analysts and 1 support tech

+ Improved onboarding process with better customer communication


./ Created and rolled out on boa rd packs for Full Service and Li cense that set expectations for perfo rmance

+ New website completed and will be live in January 2018


+ Migrated 31 customers to Uptick in Q4
./ Skybox, Ticket Networ k and Ti cke t Utils int egrations are finished
./ Ticket Technology and El Box are pending (Should be complet e before Jan 30'")
./ Key new fea tures include :
CP Graph in V4
Excluding Outlier and Custom C·price functionality
Improved UI with more than 3x event data shown at any time
Heat maps

@ Confidential

A-346 8
CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 197946
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page58 of 98

SITUATION UPDATE

A-347 9

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 19794 7


Case 19-440, Document 59-1, 08/13/2019, 2631502, Page59 of 98

SITUATION UPDATE - EXECUTIVE SUMMARY

Market Developments, including competition, are significantly impacting our business

Full Service renewals are taking longer than originally estimated while conversions
remain roughly on track

License performance in Q4 was weak, with churn and cannibalization more than
offsetting revenue from new customers {also resources constrained by renewals)

Tech delays have slowed the rollout of version 4 and delayed the implementation of the
cache and MasterDash

Review of litigation strategy

What are the key business issues facing license and full service going in to 2018

@ Confidential 10

A-348 10
CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 197948
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page60 of 98

II MARKET DEVELOPMENTS
+ Competition is significantly impacting pipeline, trial conversion, retention rates, and fee %
v' Weak license pipeline begin ning in December, full service has some backlog
v' Feeling rate compression across the boa rd
v' Th ough thi s is ou r first opportunity to roll legacy customers into new contracts, process to renew is
significantly harder than expected
;;;. To offer competitive value proposition, we need to improve offering or reevaluate our fees
• Primary teams, artists and venues continue to aggressively seek pricing solutions
v' Consolidation deals are taking inventory away from our customers, threatening their long term viability
v' Despite this, our data shows legacy customers have grown - 11% in 20 17 on average
;;;. We are in discussions with FC Barcelona to assess how our technology could be leveraged in the
Primary market directly in a way that does not cut out our customers

+ Broker sensitivity on use of data seems to have relaxed


v' Other ticket technology providers may be selli ng data
l> Assuming this trend continues, we need to think about how we can use our data strategically to
enhance our product or monetize as a stand alone revenue stream

+ Exchanges appear more willing to work with software providers directly


v' We are negotiating with tickmaster for access to their feed and Stub Hub has sent us a fe w leads di rectly
v' Vivi dSeats appears to be recommending brokers use Seat Scouts for pricing technology
l> We need to rethink our strategy in dealing with exchanges directly

+ Skybox (VividSeats) is winning the Point of Sale war


v' Ofour 160 customers, 61 are Skybox users (38"/o)
19 switched to Skybox in 2017 from other POS systems

@ Confidential 11

A-349 11
CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 197949
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page61 of 98

II Q4 LICENSE RESULTS

# of Avg fee
Brokers ($(00s)

New Conversion 17 39,850 25.8


On Hold 5 6,250
Failed to Convert 10 11 ,300

Churn 74,121 29.0


To Full Se IV ice 31,500 15.0

Increased Usage 14,119 7.4

Net
Adjusted for canibalized

+ In Q4, we replaced 8 brokers that churned with 20 new brokers, resulting in a net increase in
revenue of $4.3k per month on license
./ Loss of Big W ill Ticket s ($S k) and Any Ticket s ($1Sk) heavily skew t he dat a
Big Will went to competitor and Any Tickets built their own tech

+ Approximately $1Sk in monthly revenue was shifted to Full Service

@ Confidential 15

A-350 15
CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 197953
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page62 of 98

II VERSION 4 UPDATE

Why1t's lat e What We've Changed

• BCN train ing and code reviews to increase quality and speed
Lack of consistency in Pakistan development
of Pakistan development team
process resulted in additiona l t ime for QA
• Transitioning BCN resources to UpTick through Dec, complete
and bug fix ing
Jan 19th

Increase in customizations for Full Service • Dedicated resources from Tier 3 Support to han dle Full
thinned out resources Service customizations going forward

large number of all-han ds-on-deck • StubHub has given sepa rate resources to us, caching effort in
disruptions due to StubHub an d TicketUt ils Ql isolates us from StubHub issues
instability • Throttling Ticket Utils mitigates impact on our servers

+ NewTimetable
v' Already deployed t o 15% of cust omers. Many more st aged, j ust managing flow t o preve nt overwhelming
support team
v' 90% of deployment s complet e by Feb 20. Remaining 10% due t o customer cust omizations or ot he r
cust omer delays, not outsta nding t ech issues

+ Why we are confident it will work this time


v' Deploy ments well underway; nearly all deploymenttech blocks removed, have been adding features
and improvement s fo r over a mont h

@ Confidential 16

A-351 16
CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 197954
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page63 of 98

II MASTER DASH AND CACHE


POS CACHING FOR FEATURES, SPEED, STABILITY
Late OS: Engaged Milestone s
11: Prototype moved
TopTai, to address date: version POS
to DevOps
ASC rebate / load
times 01/15: V3 TT/TN
12/ 11: ASC Live demo
02/01: V3 VS
06: Cut ASC 02/15: V4 TT/TN/VS
07: Added BCN
03/01: V4 TU
03/15: V4 El

Solution: more complex resource management/timing


- add Zone information
10: Upscope for deployment:
08: BlockTechnical debt higher - on-prem needed different
for other POS's than ASC's. configuration

09: Scaling I: Mass edits of listings causes Actions I Chances


changes greater than measured. 1- One major project at a time per team
Solution: Refactor, create on-prem component 2- 1 employee on PIP
3- e liminated 2 of 3 contractors
09: Upscope monitors/ alerts/errors
4- smaller teams with different time horizons
- now had to expose bridge between
5- implementing new time tracking process
on -prem and central DB
6- more thorough breakdowns to identify
more risk points early

@ Confidential 17

A-352 17
CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 197955
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page64 of 98

II LITIGATION STRATEGY

+ Tick Pricer
./ Filed TRO on Ma rch 10th, 20 17
./ Pl hea ring on Ma rch 15th, 2017
,/ Settled and permanently enj oined on Decembe r 21, 20 17
Potentially will recover $225k ($120k upfront payment and $3Sk per year for 3 years)
./ Est imated $1.1MM of spend on legal f ees

+ Price Meister
./ Filed TRO on Oct ober 18th, 2017
./ Settled and permanently enj oined on November 16th, 2017
./ $50k of spend on legal fees

+ Ongoing SS
./ Preli mina ry injunct ion hea ring has finished, waiting on closing briefings only
./ Est imated $800k of spend incurred thus fa r

@ Confidential ,.

A-353 18
CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 197956
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page65 of 98

II SITUATION UPDATE - KEY BUSINESS ISSUES

'!ii License (v3) Full Service

-• We are offering an inferior value


proposition to our customers
Our price is up to lOx more and
lacks some features brokers
perceive as valuable

This has resulted in the license



Full Service Pricing is not
scaling efficiently
Demand is strong, but average
volume under management per
pricer is not increasing

Inability to onboard new accounts


pipeline being at historic lows,

• -
with many customers in trial • Difficulty servicing existing
accounts efficiently (credits, client
dropping off to try cheaper
dissatisfaction, etc.)
alternatives

• Release V4
• Changes to Full Service leadership
and management structure
• Consider 2 t ier pricing
./ Basic V4 at lower price point and
full features at higher price point
• Release MasterDash

• Consider 2 tier pricing


• Consider lower rates and
eliminating minimums • Consider lower rates

19

A-354 19
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Go FORWARD STRATEGY

A-355 20

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Case 19-440, Document 59-1, 08/13/2019, 2631502, Page67 of 98

How Do WE WIN IN 2018


Go FORWARD STRATEGY

A-356 21
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Case 19-440, Document 59-1, 08/13/2019, 2631502, Page68 of 98

How Do WE WIN IN 2018?


HOW DO WE OFFER A SUPERIOR VALUE PROPOSITION TO OUR CUSTOMERS WHILE ENABLING
FULL SERVICE PRICING TO SCALE

Continue rollout of version 4


./ Despite delays and struggles, ea rly feedback from brokers suggests v4 offers a superior customer
experience to Seat Scouts

Retool full service and complete I implement BG Flash and Master Dash to enable rapid
scaling of full service pricing
./ BG Flash will improve Broker Genius' speed and stability for both full service and license
./ Master Dash provides much needed efficiency gains to scale full service and allow us to maintain
profitability while taking on customers at lower rates

Create account management effort to effectively communicate value proposition to


customers and hold other departments accountable

Capitalize on our competitive advantage by providing brokers data to price more


effectively and additional services to become more integral to their operations
,/ Integrate data dashboa rd into softwa re to improve decision making process
Monetize data by selling 150 data reports by end of Q2 2018
Experiment with offering fulfillment to expand value proposition of Full Service

Separate from competition through continued innovation


./ Venue Maps, faster cycle times, imp roved data visualiza tion, autosetting criteria

@ Confidential 22

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II CONTINUE ROLLOUT OF VERSION 4


~ll:Z!l9:Z9Z!9~~llll!9ll.!9m9llllmlll!!Slllll9
0
Complete 90% of v4 m1grat1ons for all POS' by 2/20
0 t WNS4%H,1.111§'¥*€H
• To beat competition, v4 must be better, faster and • A stripped down version will allow us to offer an extremely
more stable then v3 affordable product in the market (without data tools) so we can
• Software to reach nearly 90% of customers is sweep up more of the market to power the data lake
done, tech work is on setting up on-prem servers. • If v4 is released on time, rolling out lite version will be simple

Why we are Optimistic about version 4


• Despite slow start, rollout is picking up speed
./ Four up until October, 6 in November, 21 in December

• Userfeedback has been posit ive thus far


./ Choice Tickets of Tampa Bay and Ticket Tumble both have positive feedback on V4 even in the face of experiencing bugs
during early beta
./ Despite a strong negative reception of V4, the pricing team is beginning to speak positively about V4 and prefer it to V3.
Having experienced similar sentiments from our customers when migrating from V2to V3 and we are preparing customers
better this time around by doing in depth t rainings and allowing them to adjust in a staging environment before migration

• Penetration data suggests customers will use version 4 on greater percentage of their inventory
.I' Penetration rates appear to have increased roughly 6-8% on the same clients after switching although the sample size is
small, the early results are encouraging

• Ability to add new features and improve product quickly


./ V4 is architected to allow featu res to be a dded and removed more easily without breaking the frontend
Built to supportmultipleexchange feeds, Broker Gen ius venue maps and profiles
Will support multiple user logins to show clients detailed performance tabs on invoices that give extremely granular incite into
the performance of thei r pricing team similarto how we monitor our own pricers

@ Confidential 23

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II REORGANIZE AND RETOOL FULL SERVICE

Master Dash on most POS' by beginning of Q2

• Caching service that allows us to store data to • MasterDash will help full service scale by making small and
improve products speed and stability (prerequisite medium sized clients more efficient to manage so they are
for Master Dash) profitable (open up the pipeline to more prospects)

Restructure Full Service


+ We have two main goals in Full Service: (1) Improve returns by deriving better prices, and (2) Enable pricers to
manage more inventory (by pricing more efficiently) so we can on board more clients

+ (1) Deriving better prices


./ Restructuring pods (Jan)
./ More structure surroun ding buckets and benchmarking (weekly schedules) (Jan)
./ Emphasis on training for pricers here more then 6 months (Jan/Feb)
./ Utilize data tools to better analyze markets Analyzing markets more {Mar}
./ Provide more frequent feedback

• (2) Manage more inventory


./ Defining expectations more clearly for clients (01)-See next slide for breakdown
./ KPls need to be well defined and displayed publicly (01)
./ Evaluating paying out bonuses quarterly instead of at the end of the year
./ limit discounted license usage for hybrid clients - significantly less efficient (01)
./ Adding automation to pricing alerts to adjust floors and ceilings without human intervention will increase the amount of
inventory under management most dramatically (04)

@ Confidential 24

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Case 19-440, Document 59-1, 08/13/2019, 2631502, Page71 of 98

II REORGANIZE AND RETOOL FULL SERVICE - Two TIER OFFERING


Silver Service Level Gold Service Level

-
Ei'f'i
• Anchor pricing using only the Stubhub market feed

• One weekly check in/strategy call per week


• Anchor pricing using only the Stubhub market
feed, but will manually price to other markets to
the best of our ability if client requests

• Frequency of daily check in/strategy calls


determined by client within reason

II
• Primary point of communication is email. Emails • Two methods of communication will be provided;
will be answered within 6 business hours if not email and slack. Emails and Slack will be answered
sooner if sent during hours of operation. within 2 business hours or sooner if sent during
• Dedicated account lead hours of operation.
• Dedicated account lead and managerial oversight

• Inventory added for events within 2 weeks will be • Inventory added for events within 2 weeks will be
priced within 12-24 business hours or sooner priced within 6-12 business hours or sooner
depending position size. For events outside of 2 depending position size. For events outside of 2
weeks, inventory will be priced within 24-48 hours weeks, inventory will be priced within 12-24 hours
or sooner depending on position size. or sooner depending on position size.
• Best effort to review the entire portfolio every 2 • Best effort to review the entire portfolio every
weeks if not sooner. week if not sooner.

-
• Minimum of 1 data report per week. • Minimum of 2 data reports per week.

• Hours of operation are 9:00am-10:30pm EST • Hours of operation are 8:30am-10:30pm EST
• Call hours for emergencies from 7:30-9:00AM and
10:30PM-1:30AM

WWW 2.25% - 3. 75% 3.75%-5.50%

@ Confidential 25

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II ACCOUNT MANAGEMENT BUTZ


r:lllZ!l9ll!l9Z!9~~lllll!l9ll.!9m9:llllmll!!!9llll9
+w1.;;,,1;;•emwwm
1
• Requires someone with experience dealing with
w1;;;+"'',.f!,f!MA€H
• In the short term, the AM team will focus mainly on license and
clients and who understands operational FSP managers will act as account managers for full seivice while
constraints the AM team restructures and trains more team members

New Account Management Team


+ The new goal of account management is to help facilitate solutions for customers
./ Their goal is to hold other departments accountable and to keep clients in the loop while support, billing, sales or full service work
on permanent solutions to client issues
./ This will allow us to maximizethe impact of a small but elite team until we can grow it out further
+ Key responsibilities for members of the AM team are as follows
./ Serve as the sole point of contact fo r most clients on major issues
./ Onboarding new clients (including contracts) and facilitating rene.vals
./ Publicly displaying and disseminating important metrics and trends
./ Owning the customer relationships immediately after a sale is made and handling contracts and rene wals
./ Holding sales accountable for updating SF and keeping it updated at all times, holding all other departments accountable for
./ Providing higher level t raining during on boarding process for license and more on site visits for large brokers

+ How do we communicate value?


./ Automating reporting that goes out with every invoice to show sales velocity, market outperformance and time savings
./ Quarterly report on positions highlighting performance and making recommendations on strategy byQ3
./ Reporting will be centered around why BG is workingfor them already and which specific positions they should use us for to
further improve margins
+ Success will be measured by
./ Short term -client satisfaction and setting up criteria on larger portion of portfolio
./ Long term- sustainable improvements in retention, conversions and customer satisfaction, penetrabon above 65%

@ Confidential 26

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Case 19-440, Document 59-1, 08/13/2019, 2631502, Page73 of 98

II INTEGRATE DATA TO CAPITALIZE ON OUR COMPETITIVE ADVANTAGE

• Buil ding Broker Analytics tool into v4 (complete by • We have created manual templates fo r evaluating season
March) tickets, which we believe brokers will consider extremely
• Data dashboard to improve decision making valuable {April beta reports, revenue stream by May)

Data: Our Competitive Advantage


+ We will continue to separate ourselves from competition by arming our clients with more data in a
manner that's easily digestible so resellers can continue sourcing more inventory and deriving better
prices
./ The more inventory our clients can acquire, the more tickets they will sell using our tool, which creates a positive
feedback loop
./ Unlike other companies selling granular data, which brokers perceive as threatening to their business, Broker Genius
intends to sell data insights that don't expose client positions in the aggregate
./ As more clients use Up Tick, our data lake will continue to grow, enabling us to provide clients with information they
need that is not dependent on data dumps from exchanges and other external sources
..!' Features we will be able to offer clients with our data sources include:
The ability toexpand FSP comp exc lusion to license clients to fac il itate coll usion on the market and improve mar1ins for a ll BG customers
The ability to show c lients the achange distribution of where tickets a re selli ngforthatevent so they can broadcast accord ingly
Broker Gen ius venue maps will be able to show important metrics down to the section level directly on the map, makinjvisualizinjdatato
price qu ickly and effic iently much easier
..!' Data science will be able to use our existing data sources to advance our technology by:
Opti mize venue profiles to ensure criteria is auto set optima lly
Programmatically setrowranges and exclude outl iers with minima l human effort
Create soph isticated alerts and warning for brokers when they are sellingtooquickly or slowly and in ca2s where they are likely to be very
accurate. automatically makingpriceadjustments hi&her or lower fo r the customers without human intervention

@ Confidential 27

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II DISTINGUISH OURSELVES THROUGH CONTINUED INNOVATION


~~]1!9--~~lllll!l9Z!!la~llllmlll!!Slllll9

e·nHe w:1-
• Important for centralized
mapping service and easily
• Integration with Ticket
Evolution or Tick Pick to
comping against multiple
enable customers to buy
market feeds
directly in the BG platform
• Proof of concept complete
• Already staged for Ticket Eva
• Will include top 150 T
successfully, although we Integrate more Exchanges feeds
venues (all sports and most
likely wish to change vendor into product byQ3
popular concert venues)
partners here to TickPick
• Implement two more exchange
0 Complete Venue Profiles (Complete T
Mobile App for UpT1ck feeds to address existential threats
by:Q2) and improve penetration
(Completed by Ticket Summit}
• Top prospect is Ticketmaster feed
• Ability to auto apply criteria will
• Frequent customer request (Feb?)
significantly enhance pricer
and promised last year at • Vivid Seats can be used internally
productivity (by reducing set up
conference for FSP potentially
time) and customer satisfaction (by
getting new buys priced faster) and T
ultimately improve returns Trial Handling Fulfillment in
License Vacation Mode
Q3 for Q4 revenue stream
• Hitting this deadline depends
• Introduce ability for license
largely on us completing the Venue • Integrating outsourced
customers to opt in to full service
Map project in 01 as it is a fulfillment services alongside
with click of a button
dependency full service pricing makes our
offering significantly more
sticky

@ Confidential

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Case 19-440, Document 59-1, 08/13/2019, 2631502, Page75 of 98

BLOCKING AND TACKLING


Near Term

+ Cut non performing personnel and wean + Reevaluate pricing for license offering
off outsourced resources
+ Sign Lease for new space and coordinate
+ Finalizing billing policies and rate changes move by Feb 2018
for 2018 -' Settled into permanent corporate
headquarters by Q2 2018
+ Update Terms of Use with new language for
v4 + Fill critical positions

+ Operations Inc. HR audit for NYC and BCN -' Ql QA Aut omation engineer (BCN) Jan 20 17
to ensure 100% compliance -' Ql Controller (NYC)
-' Ql Account Manager (NYC)
+ Reorganization of Full Service and Account
-' Ql Reporting Analyst (NYC)
Management
-' Ql Tier 2 suppo rt late shift (NYC)
+ Spain taking over V4 by Jan. 20th -' Ql Lead DB Engineer (BCN)
-' We are not generating ent er prise level code -' Ql Senior Software Engineer (BCN)
out of PK and need Spain to take over
developing and maintaining UpTick -' Q2 Di rect or of Operations (NYC)

-' Executing on short term tech roadmap (next 6 -' Q2 Senior Front end Engineer (NYC)
months) is crucial and we need t o continue -' Q2 Di rect or of Data (NYC)
investing into Barcelona (both in t erm s of -' Q2 Backend Devs x 3 (BCN) Feb 2017
hi ring, but also spending our time there) to
make sure we succeed in tech

@ Confidential 29

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LONG TERM WISHLIST


M@&§i§@MM,!114 :§Mjiiiltiij.ji+.m@eea:§tj"§M§IM
H2 2018 H2 2019

Lending Arm Arbitrage Arm Options Trading Platform Exchange

• Brokers are desperate • Allows us to profit from all • Company believes there are • Once company achieves
for capital to grow their inefficiently priced inventory huge opportunities to short critical mass (>60% market
operations and an options market would penetration, launching an
• Broker Genius Lending give us the opportunity exchange is fairly easy and
BG Credit Cards
coul d provi de fuel for potentially extremely
growth while • Private label credit card for our lucrat ive
ma intaining control in customers to purchase tickets • Cons
full service • Our customer base represents )- Puts us in competition
• In process on revolver, $2.0BN in purchases or $4-0MM in with our current vendor
• Currently no autonomous
cannot move forward Am ex fees. 10% share of this is partners
POS' remaining in the market
without additional $4.0MM of EBITDA per year
• Gives us the ability to create > Requires a huge infusion
capacity • Can use credit ca rds for exclusive of capital in order to
a one stop shop (Pricing,
onsales to further transition market effectively
POS, Processing) we call BG
transition to buying
office

Processing
• Integ rate tech stack to offer processing technology
• May involve purchasing (i) software provider or (ii)
technology from broker

NONE OF THIS IS BUDGETED BUT WE BELIEVE MAY REPRESENT


MATERIAL OPPORTUNITIES
@ Confidential 30

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Case 19-440, Document 59-1, 08/13/2019, 2631502, Page77 of 98

FC BARCELONA OPPORTUNITY

+ Three game trial in Jan-Feb '18


./ Sales are down given the political situation, so there is an immediate and urgent need .
./ FC Barcelona is trying dynamic pricing for the first time with once daily updates, or less often, so this is
far less resou rce intensive than our US ma rket offering .
./ Currently feeling pain points--they use a manually intensive process to generate and type in prices.

+ Ideal entrance into Primary Market pricing


./ Doesn't threaten the profit ability of any of ou r cu rrent US cust ome rs .
./ Secondary market is over a decade behind in Eu rope and doesn't represent as serious a competitive
threat.
,/ Teams handle the resale of games fo r season ticket holders, so th e teams effect ively run their own
secondary market, and split proceeds between fans and team.

+ Ideal entrance into the European market


./ #4 most valuable sports team in the world, but just beginning to try manual price opt imization .
./ Potential millions in upside per year forthe team if not more .
./ Unfamiliar with even basic US practices, such as managing splits, select ive broadcast ing, et c .
./ Views Broker Genius fa vorably for having a Barcelona office.

+ Cooperative partner providing lots of value to us


./ Al ready gave us 10 yea rs of historical data .
./ Will need technology, possibly allowing us to be first-t o-ma rket w ith tools in Europe .
./ Motivated and wo rk ing aggressively-data sent on Jan 2, first game is Jan 25 .

@ Confidential 1. hnps://wwwJorbes.corry'sites/kurtbildenhausen/2017/07/ l2/full -ht -th ..world.s.50most-va lu ible-sporn:-teams-2017/flllldf7895~5 31

A-366 31
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DATA SCIENCE & Bl INITIATIVES

+ Data Science lead hired


+ FC Barcelona pricing
./ Historical pricing model, break from non-comp mode l
./ Analyzing roughly 10 years of historical data

+ ID Rosetta Stone
./ Create centralized, fully accessible, single source of truth for data mapping across the company
./ POS event, listing, section, row, zone and ticket IDs
./ Exchange event, listing, section, row, zone and ticket IDs

+ Populating Venue Map with historical data


./ Reduce inventory set-up pain point by suggesting default values from previous setups

+ Intri nsic Ticket Value (ITV)


./ Estimate ITV for primary pricing basis
comparison against market for trials
pricer performance
tracking of industry trends

+ Inventory Management
./ Report and alerts for frequency of inventory management to Pod Leaders I Managers to identify distressed inventory earlier

+ Higher Frequency Calculated Price logging/ tracking


../ More granula r tracking of market dynamics, notification to customers of price changes

+ Develop non comp based pricing model

@ Confidential 32

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WHERE ARE GAPS IN PERSONNEL

+ VP Finance/ Controllerfull time


./ Currently both accounts payable and receivable are in the midst of a large overhaul to improve long-term efficiency
./ In the process of phasing out external accountants (EisnerAmper) to bring accounting in house

+ Director of Operations
./ As operations begins expanding into distribution, monitoring support and the fulfillment teams is going to be a full time
job
./ Coordinating with overseas teams and ensuring all departments are in sync with one another is time consuming and
requires a permanent facilitator

+ VP of Data
./ A strong VP of data will be able to take over leadership of business intelligence, data science and database engineering
teams
./ Currently Jim is overseeing both the backend and frontend application teams and the aforementioned data teams
Giving them a strong leader who can give those three teams their undivided attention will improve both application
development by freeing up a lot of Jim's time and get data products to market faster

+ VP Business development
./ We in the process of vetting and potentially launching 5·6 product lines over the next 18~ 24 months
./ A strong VP of business development will dramatically increase the likelihood these product launches are successful by
ensuring:
there are proper business plans
each product is appropriately staffed
most importa nt ly that the market wants and will pay for these new products

@ Confidential 33

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BUDGET
Go FORWARD STRATEGY

A-369 34

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Case 19-440, Document 59-1, 08/13/2019, 2631502, Page81 of 98

NY STATE SALES TAX

+ Our 2017 quality of earnings report as part of the Volition investment process raised paying
sales tax to New York State as a potential liability for the Company
v' Previously, ou r accountants EisnerAmper took the position that NY sales tax might only be an issue on
license contracts with fixed fee agreements. As the majority of our revenue is a percentage of sales,
EisnerAmpe r did not believe this was an issue
+ As we have been interviewing auditors for the 2017 audit, the sales tax issue has again come
up. We are working w ith Marcum to resolve the issue.
+ Marcum's latest view is that sales tax will apply to NY state revenue earned to date for license
v' This is $534k for 2016and $802k fo r 2017.
v' Applying the 8.875% sales tax resu lts in an $118,658 liability
We are still calculating 2015, but that may add $25k of liability
v' Marcum is recommending we "volunta rily" disclose the amount to avoid interest and limit penalties
+ More extreme interpretations of sales tax could suggest paying double, but we do not think
there is serious risk of this
+ We have been advised that the state could seek payment from the board or management
team if sales tax is unpaid

@ Confidential 35

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OTHER NOTES

Mitigating Business Risk Mitigating Personnel Risk Mitigating Financing Risk

ticketmaster Feed Insurance Silicon Valley Bank

• We are in the process of negotiating • O&O insurance finalized in Q4 • We expect to have revolver finalized
an agreement with ticketmaster to • Key man I disability for Sam being by the end of February, potentially
access their secondary market finalized, still waiting on binder sooner - Likely $2MM or $3MM line
inventory feed • SVB will provide additional letters of
• Offering this alongside the StubHub Relocating Office credit for our secu rity deposit shoul d
significantly improves our value
• Relocating is important for our
proposition while mitigating risk
workforce and will help recruiting
especially in data science and
Renewed Software E&O Pohcy
business intelligence
• $5MM in coverage

• Audit
./ We interviewed 5 firms for our 20 17 audit- Deloitte, EY, PWC, BOO, M FA
./ We plan to move forward with MFA
They are knowledgeable of the business from Quality of Earnings as part of the Volition investment
Attractive price point at $27k (they have to do less work to get up to speed)
./ All auditors have alerted us that they w ill require us to capitalized a significant portion of development
spend in 2017 -We estimate a minimum of $2. 7MM will be recla ssified in 20 17
./ We are waiting on one rema ining proposal and will come to the board for approval once we confi rm our
recommendation

@ Confidential 36

A-371 36
CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 197974
Case 19-440, Document 59-1, 08/13/2019, 2631502, Page83 of 98 c.o
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AGENDA I EXECUTIVE SUMMARY
+ Uptick rollout struggles have greatly impacted our progress

+ 2018 has been a struggle for Broker Genius

Case 19-440, Document 59-1, 08/13/2019, 2631502, Page84 of 98


../ Self-inflicted issues - Full Service growth and scale
../ External Challenges - Competition and consolidation

+ Our business has been negatively impacted by these headwinds


../ Resulting in increased churn, unhappy customers, and delayed advancements of our product
A-373

+ We have responded and will continue to respond to the challenges


../ Reducing cost and delaying future hires
../ Outside assessment of tech organization and reevaluating full service processes

+ Until the business stabilizes, we will operate expenses according to our downside plan which
assumes only $12.SMM in revenue (down from $20MM budget)
../ We believe we can manage through this, however it will require access to revolver in late Q2 I early Q3

+ Despite our challenges year to date, we are optimistic about several developments
../ Progress in tech, key strategic partnerships, deals with largest players in industry, providing additional
non-tech services to our customers

@ Confidential 2

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198007


Case 19-440, Document 59-1, 08/13/2019, 2631502, Page85 of 98
BG-SSOOO 198008
CONFIDENTIAL - ATTORNEYS' EYES ONLY
A-374
SELF-INFLICTED: TECH STRUGGLES WORSE THAN WE EXPECTED
UPTICK ROLLOUT DISASTER 70 0
Bugs Created
0

60 0 0

• Projections were off, didn't account for sales push


so
40 0
0
Plot Area
0

I I

Case 19-440, Document 59-1, 08/13/2019, 2631502, Page86 of 98


../ We expected PK team to produce inferior code, but it was 130 0 0

I
20 0 0
inferior to v3. 10 0 • . 0

0
../ Resource allocation was far off model, based on recent history: 2017-12 2018-01 2018-02 2018-03 2018-04 2018-05

• actual • projected
• Expected 15% bugfixes, 25% missing v3 features, 60% new features.
• Actual 45% bugfixes, 50% missing v3 features/ redesign, skeleton crews on BG-Flash.
• Closed 131 major bugs

../ 77 new clients/trials during migrations -taxed migration team


• 48% increase in customer count
A-375

• Increased migration team FTEs from 3 to 5-6.


• Pulled dev resources for customizations/onboarding/automation

../ 15 clients awaiting migration, 6 are tech blocked (various reasons)


../ Frequently pulled resources for 3rd-party issues (next slide)
../ Misconfiguration of core technology (ElastiCache) led to outages, security issues, diverted resources .
../ Newness of team caused slippage on initial releases & self-inflicted outages during deploy. 100%
resolved in last 4 releases .
../ No system-wide outages, performance degradations, etc. in 8 weeks for any reasons. (Excluding TU's
self-inflicted issues.)

+ All tech resources sucked into UpTick, creating delays and issues elsewhere
../ Lack of new features (e.g. alerts still not ready), delay in tech roadmap (e.g. master dash was targeted for
end of Ql release, has not been touched in months), billing issues continue

@ Confidential 4

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198009


EXTERNAL CHALLENGES: 3RD PARTY PARTNERS HAVEN'T BEEN GOOD PARTNERS

+ Skybox (Vivid) throttling our access


../ VividSeats anchoring had to be removed at their insistence (#1 requested feature at Vegas last year, and

Case 19-440, Document 59-1, 08/13/2019, 2631502, Page87 of 98


a significant commitment of tech resources)
../ SkyBox throttled price updates by 98.7% without warning--requiring major changes.
• Disrupted larger customers-REPS, Lavaseats, Divekar, KP3
• Situation seems to have cooled off.
../ Vivid accused us of causing issues with their exchange. They later buried this as an issue with our test
account, which we've diverted resources to fix.
A-376

+ TicketUtils (StubHub) constant issues


../ Support tickets we file with them up 250% this year:
'17 Q4 '18 Jan-Apr
• StubHub 7 22
• Ticket Utils 6 19

../ Disruptive: Causes outages, requires hotfixes, pulls resources


../ Market data 30-60 minutes behind StubHub.com causes lost revenue (e.g., Ticketaria on-sales)
../ Unnanounced API changes break product, billing .
../ At least 2 FTE on StubHub/TU specific issues at all times.

UNEXPECTED COMPLICATIONS FROM OUR POS PARTNERS HAS CAUSE MATERIAL


HARM TO OUR CUSTOMERS USER EXPERIENCE
@ Confidential 5

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198010


FORWARD LOOKING
IMPACT ON CORE BUSINESS: IMPACT ON 2018 ROADMAP
WHAT WILL WE BE ADDING/ROLLING OUT BY VEGAS- JULY 16, 2018

+ MAJOR IMPACT
../ BG-Flash (June 1-15)

Case 19-440, Document 59-1, 08/13/2019, 2631502, Page88 of 98


• The massive caching machine that greatly improves speed and functionality (like search) while serving as the
foundation of Master-Dash
../ Faster price cycle speeds 2 to 10 minutes (June 15- July 1)
• Seat Scouts copied our cycle times of 5, 30, and 60 minute intervals based on proximity to event
../ Sales Alerts (July 1- 15)
• Alerts in the Ul/text when users are selling out of a position too fast or when they are not selling fast enough
../ Master Dash Phase 1(July1- 15)
A-377

• 3-4 accounts that are being tested live in Master Dash (managing inventory in 1 UI)
../ Brand New Billing Architecture (June 15-30)

+ Moderate Impact
../ New event trend graphs for price and supply (June 1-15)
../ Event level Sales data (opt out) (June 15-30)
../ 100% migration to Uptick - eliminate v3 servers (July 1- 15)
../ Collapsible groups (big workflow improvement for large clients) (May 15-May 31)

+ Wish List
../ 1) Ticketmaster feed integration 2) Ticket Network feed integration 3) Trade Desk 4) POS NEXT 5)
Streaming user level sales data (all sales as the come in) 6) Basic Uptick App

@ Confidential 6

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198011


How WE'VE RESPONDED: FIXING OUR TECH

+ Cut all PK for main product dev, BCN took over Jan 15.

Case 19-440, Document 59-1, 08/13/2019, 2631502, Page89 of 98


+ Independent Tech Audit

+ Personnel changes
../ Cut DevOps Manager over security issue
../ Moved Data Engineering to BCN
../ Cut low-performing dev
../ HR cut in QA, one loss to attrition, hired automation specialist
A-378

../ New data science in NY (first BG pricing model built, March '18)

+ Improving partner relationships


../ High- and low-level calls with StubHub I TU frequently
../ Improved relations with TN, direct chat-line with TN devs, want to co-market tech

+ Automating QA to improve speed-#1 bottleneck for shipping more product


../ Strategic hiring moved bottlenecks from Development--> DevOps -->QA.

+ Automated Deployment-#1 risk for on-time release


../ 85% of on-prem UpTick clients I 100% Saas update automatically.

+ Increased presence in BCN-Richard 100% time, Product Owner 50%

@ Confidential 7

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198012


WHAT WE'RE
EXCITED ABOUT: WE BELIEVE THE TECH PENDULUM IS SWINGING
THINGS ARE STARTING TRENDING IN THE RIGHT DIRECTION

+ Over the past 6 weeks, we have started to increase the amount of new features we are able
to release in each 2 week sprint.

Case 19-440, Document 59-1, 08/13/2019, 2631502, Page90 of 98


+ To highlight this shift, monthly Support tickets dropped from 1,319 to 854, to projected 678-
inline with pre-UpTick levels, despite increase in installed client base.
+ First live version of Broker Genius Flash on UpTick in beta
+ We have added event level transactional data for our full service customers and we are
adding for our license customers by end of June (opt out)
A-379

+ We have added market level graphs and trends for full service and will be available for license
customers by June 15th
+ We will have long awaited sales alerts that indicate if an event is selling too fast or slow by
the conference
+ We will have completed integration on the 2 new web POS's (POS NEXT and Trade Desk) by
the show
+ We will have 2 minute event cycle speeds across all events by the conference (Seat Scouts
currently has 5, 30, 60). Currently grab all 19,000+ events -~ket<Upnl '""( <ed,,dA'g "'Age fay»byYe.,•ndMonlh
e T1cke1sO~n e T1cke1sClosed e Avg Ticket Age (days)

from StubHub once per minute. '°


1000 IS
e6a 1 • es4

10

500

·~~,~~,~,~~~~~~,~~
:\ \-t.~ '-t'-'O\ '\~ i:;;,'1 r;:,"1 ~'" 'l,o"1 1 \'-~ ~-...it; 1 o<Y ,J.e~ (ji"ef' ,.,,~ "'""O\ ro~ '<::!"" 1:::1''0
i..o'
1.i:;;,''\ ,,"l' i: i: i: 0

0 1P''O 'J,a''O ,,'\l' i: i:


,,e:i',,<J,1 '>" ,,o' i.<J'1 ~ ,. ,1

@ Confidential 8

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198013


Case 19-440, Document 59-1, 08/13/2019, 2631502, Page91 of 98
A-380

Full Service is not scaling Competition causing real problems


Full Service is not growing Sports brokers are nervous about inv.

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198014


SELF-INFLICTED: FULL SERVICE PRICING IS NOT GROWING
FSP HINDERED BY CHURN COMBINED WITH SLOWER GROWTH FROM NEW
CUSTOMERS
+ Unprecedented customer churn in Full

Case 19-440, Document 59-1, 08/13/2019, 2631502, Page92 of 98


Key FSP Churn
Service When BG Avg Mon Rev H2 2017 ($k)

../ Four of top five customers from H2 2017 have Aware Active Churn %
churned (80% of group) 1 KP3 Endeavors Q417 103.3
2 Sean Divekar Q218 80.8
../ Six of top 10 customers from H2 2017 have 3 Ticket Machine 72.5
churned (67% of group) 4 ASC Tickets Q218 63.1
5 Y & S Tickets Q417 58.0 80.8%
../ 10 of top 20 customers from H2 2017 have 6 CAA* Q417 40.8
churned (57% of group) 7 Venue Kings 40.8
A-381

8 Ticket King (WI) 40.7


9 Ticket City* Q417 40.3
10 Ticket King (MN) 40.1 66.6%
+ In 2018, we have NOT been able to land 11 The Ticket Group 29.4
12 Dicks Tickets 28.0
large new accounts the way we did last year
13 No Fee Seats 26.2
../ Last year we added "'2 large customers (>$40k 14 Section 2/Maxim Q417 23.7
per month) per quarter, but we have been 15 Goodys Tickets 23.3
16 Red Zone Tickets 17.9
unable to land one this year despite scheduling
17 Roman Trociuk/RTK 14.9
three for trials 18 Prominent Tickets Q218 14.7
• All Shows ($30MM) requires ticketmaster feed 19 DAF Entertainment Ql 18 14.2
20 Lets Talk Tickets Ql 18 10.6 57.4%
• Ticket Finders ($40MM) will be a much longer --


sales cycle
Viwa ($100MM) opted to start with license
* conv to license
Active Customers
Churned Customers
10
10
333.7 -
449.4

STABILIZING THE FULL SERVICE PRICING CUSTOMER BASE AND INCREASING


DEPARTMENT PROFITABILITY IS CRITICAL
@ Confidential 10

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198015


SELF-INFLICTED: FULL SERVICE PRICING IS NOT SCALING

+ Our Reno experiment has failed


../ We moved one of our top performing pricers to Reno in September 2017 to head up the Reno office (to

Case 19-440, Document 59-1, 08/13/2019, 2631502, Page93 of 98


capitalize on the cheaper labor costs and pacific time zone)
../ The Reno manager turned out to be the wrong person - failed as a leader to train staff and manage the
operation efficiently. Despite a more experienced workforce (life experience not pricing) and better
work ethic, the output per pricer in Reno was roughly half of pricers in NY

+ Average volume per pricer well behind where it needs to be

Annualized Volume per Pricer ($MM) FSP Gross Margin (assumes $7 .Sk FB per pricer I mon)
7.4 65% 62%64%
A-382

Jan Feb Mar


'------.:.
Apr May Jun
Jan Feb Mar Apr May Jun
I Volume/Pricer- 2018 Actual • Volume/Pricer- 2018 Budget • Volume/Pricer- 2017 • FSP GMo/o- 2018 • FSP GMo/o- 2018 Budget • FSP GMo/o- PY

+ Quality of pricing is not where it needs to be to justify the cost our customers pay
../ For our team to provide lasting value to our customers, they need to be able to analyze the data to make
better decisions
../ Without advancements in tech (e.g. real time alerts, improved access to data, specialization, and focus
on high value inventory), we will continue to struggle

STABILIZING THE FULL SERVICE PRICING CUSTOMER BASE AND INCREASING


DEPARTMENT PROFITABILITY IS CRITICAL
@ Confidential 11

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198016


EXTERNAL CHALLENGES: COMPETITION CAUSING REAL PROBLEMS

Total Monthly Revenue Impact 268.2


+ By creating a derivative product, Seat Scouts has Customers Lost

brought a functional product to the market in a Avg Monthly

Case 19-440, Document 59-1, 08/13/2019, 2631502, Page94 of 98


Revenue

very short time despite a very small tech team Customer Name ($000s)
Lava Seats 16.0

+ They are pricing their software more than 75%


Prominent Tickets
Section 2
FSP
FSP
13.0
70.0
Big Will 5.0
to 80% less than our license offering (also free Alec Robinson 1.0
one month trial) DAF FSP 20.0
Rolling Seats 8.0
../ At these prices, our customers feel obligation to Goodman Ventures 4.0
AFS 2.0
explore their options REPs 30.0
KP3 FSP 78.0
A-383

+ We can attribute "'$275k of monthly revenue Total 247.0


Failed Conversion
lost to or impacted by competition, with more Annual Est Monthly

than half coming from Full Service Opportunity Revenue


Customer Name ($000s) Rate ($000s)
Ticket Mules {trial} 400.0 1.50% 0.5
+ We cannot speculate on their cost structure, Fat Cat Tickets 6,000.0 1.25% 6.3
MJ Hospitality 6,000.0 1.25% 6.3
however we question whether their business Total 13.0

model will be sustainable at their current price Decreased Usage or Forced to Decrease Prices
Avg Monthly Avg Monthly
levels Rev Before Rev After Change
Customer Name ($000s) ($000s) ($000s)
../ Industry chatter has indicated they have Ticket Mamzer 3.5 0.8 2.7
approached several brokers in the market to raise Ticket Tumble 2.0 1.0 1.0
All American Tickets 3.0 1.0 2.0
money Worldwide 10.0 9.0 1.0
Topstar 15.0 13.5 1.5
Total 8.2

AS LONG AS THEY ARE IN THE MARKET, WE BELIEVE INCREASED CHURN, DOWNWARD


PRICING PRESSURE, AND LONGER SALES CYCLES WILL CONTINUE
@ Confidential 12

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198017


EXTERNAL CHALLENGES: CAN SPORTS BROKERS RETAIN THEIR POSITIONS?

+ In January, the Dodgers announced an $8SMM deal with Eventellect that consolidated all
secondary ticket sales under one broker

Case 19-440, Document 59-1, 08/13/2019, 2631502, Page95 of 98


../ Dodgers accounted for $41MM volume (7% of 2017 criteria sales) and "'$750k revenue in 2017 for
Broker Genius
../ Many legacy brokers are left with smaller portfolios and no plan to stay relevant (e.g. Ticket Machine)

+ Incumbent sports focused brokers are starting to bleed


../ In May, the Redskins took back a major position from long time Broker Genius customer ASC. ASC's
reaction is to reevaluate their partnership and cut costs (BG full service)
A-384

../ Ticket City left full service in December due to poor profitability and the need to cut costs. Now, market
chatter indicates their staff is starting to bail

+ Brokers are nervous about exchanges selling their data to primary resulting in brokers losing
their positions
../ For example, for the NFL, many brokers are only listing their inventory on Vivid (which the industry
believes does not do this). As Broker Genius comps off of StubHub, this limits our effectiveness on those
accounts

MANY OF OUR KEV CUSTOMERS ARE BEING NEGATIVELY IMPACTED BY THIS TREND,
AND THEY DON'T SEEM TO HAVE A BACKUP PLAN FOR HOW TO REMAIN RELEVANT IN
THE RAPIDLY CHANGING LANDSCAPE
@ Confidential 13

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198018


Case 19-440, Document 59-1, 08/13/2019, 2631502, Page96 of 98 0)
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IMPACT ON CORE BUSINESS: MIGRATIONS STATUS UPDATE
WE HAVE COMPLETED 253 NEW UPTICK INSTALLS AND V3 MIGRATIONS, 15 REMAIN

+ 9 Blocked for tech reasons:


../ El Migration issue of duplicate listings should be resolved by week of June

Case 19-440, Document 59-1, 08/13/2019, 2631502, Page98 of 98


2nd

• Ticket Boat, All Shows, Great Place to Sit,


../ V4 missing features or customization needed
• Stubworld, Oklahoma, Primetime Stubs, Front Row
../ TU latency issues
• Michael Jeary, Ticket Escape

+ 4 Blocked by unresponsive or uncooperative clients


A-387

../ Unresponsive
• Ticket Group
../ Uncooperative I Scheduling difficulty
• Cheapseats, Ace, DoG Tickets

+ 2 Scheduled and in process


../ Drew's Tickets, Ticket Galaxy

EVERY MONTH THAT V3 REMAINS ACTIVE WILL COST US "'$20K IN SERVER COSTS IN
ADDITION TO THE DRAIN ON RESOURCES TO SUPPORT TWO PRODUCTS
@ Confidential 16

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198021


IMPACT ON CORE BUSINESS: CHURN DISCUSSION
"'$SOOK OR 50% OF MONTHLY REVENUE FROM THE TOP 35 CUSTOMERS IN H2 2017
HAS CHURNED OR WILL CHURN When Avg Monthly Revenue
BG ($000s avg from H2 17)


Aware Note Active Churn
While we were aware of some churn at the end of Q4

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page1 of 89


1 KP3 Endeavors Q417 103.3
2 Sean Divekar Q218 80.8
-
2017, the churn thus far in Q2 has been significantly 3 Ticket Machine Above avg 72.5
4 ASC Tickets Q218 63.1
more than we expected 5 Y & S Tickets
- Q417
- 58.0
6 Ticket Galaxy 42.9
../ $180k from customers that found our full service pricing 7 CAA Q4 17 Conv. License 40.8
8 Venue Kings 40.8
offering ineffective 9 Ticket King (WI) 40.7
10 Ticket City Q4 17 Conv. License 40.3
../ $166k switched off to competition 11 Ticket King (MN) 40.1
12 The Ticket Group 29.4
../ $103k due to changes in the market (lost positions) or cost 13 Dicks Tickets 28.0
cutting (need to cut their largest expense -7 BG FSP) 14 No Fee Seats 26.2
A-388

15 Section 2/Maxim Q417 Paid Trial


- 23.7
../ $36k from tech failures associated with v4 not updating 16 Goodys Tickets 23.3
17 Stubworld 20.4
prices as frequently as it should 18 REPS Q218 20.0
19 Red Zone Tickets 17.9

• In addition to the losses above, the rows in yellow are


at risk if our tech does not improve
20
21
22
23
Ticketaria
Lava Seats
RTK
Prominent Tickets
Q218
Q218

Q218
at risk 16.7

14.9
16.0

14.7
24 DAF Entertainment Ql 18 14.2
25 AnyTickets Q4 17 Discussions 12.1
26 Barry's Tickets 11.6
Churn by Monthly Revenue Category (top 35) 27 Salem Seats Q218 at risk 11.4
28 Choice Tickets 10.8
200.0 100% 29 Day of Game Tickets 10.8
_c
...... 80% 30 Lets Talk Tickets Ql 18 Reduced 10.6
c 150.0
0 31 Rolling Seats Q218 10.4
E 60% 32 Ticket Boat Q218 8.9
~ 100.0 33 Worldwide Tickets Q218 Credits 8.8
Vl 40%
0 34 Precision SEM 8.5
0 50.0 36.0 35 Top Star Tickets Q218 Credits 7.4
0 20%
<.!).
12.1 10.6 Top 35 Total 492.0 507.9
0% % ofTotal 49.2% 50.8%
Competition Tech related Consignment
Ineffective pricing Market I cost... Built own tech

@ Confidential 17

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198022


IMPACT ON CORE BUSINESS: REVIEW OF APRIL ESTIMATES
LICENSE VS BUDGET APRIL
4/30/2018 •uem• Emmw Variance

- -
Apr-18 Apr-18 (amt) (%)

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page2 of 89


AutoPricer - Revenue from Existing Brokers
#of Brokers 117 115 2 1.4%
Total All Sales 88.7 107.0 (18.3) (17.1%)
Penetration Rate 39.7% 42.5% (2.8%) (6.7%)
Total Criteria Sales 35.2 45.5 (10.3) (22.6%)
Average Fee (%of criteria sales) 1.0% 1.0% 0.0% 0.2%
Gross Revenue 336.0 433.2 (97.2) (22.4%)
Discounts 7.3 13.8 (6.5) (47.3%)
Net Revenue 328.7 419.4 (90.7) (21.6%)

- -
Average Revenue per Broker 2.8 3.6 (0.8) (22.7%)
A-389

AutoPricer - Revenue from New Brokers


#of Brokers 14 31 (17) (54.3%)
Total All Sales 2.5 8.3 (5.8) (70.3%)
Penetration Rate 40.9% 48.2% (7.3%) (15.2%)
Total Criteria Sales 1.0 4.0 (3.0) (74.8%)
Average Fee (%of criteria sales) 1.6% 1.0% 0.6% 62.1%
Gross Revenue 16.3 39.8 (23.6) (59.2%)
Discounts 2.3 1.3 1.0 79.2%
Net Revenue 14.0 38.6 (24.6) (63.7%)
Average Revenue per Broker 0.6 1.3 (0.6) (49.1%)

LICENSE - TOTAL
#of Brokers
Total All Sales
Penetration Rate
Total Criteria Sales
- - 131
91.2
39.7%
36.2
146
115.3
42.9%
--
49.5
(15)
(24.1)
(3.2%)
(13.3)
(10.3%)
(20.9%)
(7.5%)
(26.8%)
Average Fee (%of criteria sales) 1.0% 1.0% 0.0% 1.8%
Gross Revenue 352.3 473.1 (120.8) (25.5%)
-
Discounts 9.6 15.1 (5.5) (36.7%)
Net Revenue 342.7 458.0 (115.3) (25.2%)
Average Revenue per Broker 2.6 3.1 (0.5) (16.6%)

@ Confidential 18

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198023


IMPACT ON CORE BUSINESS: REVIEW OF APRIL ESTIMATES
FULL SERVICE VS BUDGET APRIL
4/30/2018 •uem• Emmw Variance

- -
Apr-18 Apr-18 (amt) (%)

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page3 of 89


FSP - Revenue from Existing Brokers
#of Brokers 26 26 0 1.3%
Total All Sales 17.7 46.6 (29.0) (62.1%)
Penetration Rate 68.5% 41.6% 26.8% 64.5%
Total Criteria Sales 12.1 19.4 (7.3) (37.7%)
Average Fee (%of criteria sales) 3.6% 3.6% 0.0% 0.5%
Gross Revenue 435.9 696.2 (260.3) (37.4%)
Discounts 9.4 29.1 (19.7) (67.6%)
Net Revenue 426.5 667.1 (240.6) (36.1%)

- -
Average Revenue per Broker 16.4 26.0 (9.6) (36.8%)
A-390

FSP - Revenue from New Brokers


#of Brokers 12 11 1 9.2%
Total All Sales 16.3 6.2 10.1 162.4%
Penetration Rate 13.0% 55.7% (42.7%) (76.6%)
Total Criteria Sales 2.1 3.5 (1.3) (38.7%)
Average Fee (%of criteria sales) 3.8% 3.3% 0.5% 15.4%
Gross Revenue 80.2 113.3 (33.1) (29.2%)
Discounts 0.3 3.6 (3.3) (91.7%)
Net Revenue 79.9 109.7 (29.8) (27.2%)
Average Revenue per Broker 5.8 10.0 (4.2) (42.2%)

FSPTOTAL
#of Brokers
Total All Sales
Penetration Rate
Total Criteria Sales
- - 38
33.9
41.9%
14.2
37
52.8
43.3%
--
22.9
(18.9)
(1.4%)
(8.7)
1 3.6%
(35.8%)
(3.2%)
(37.9%)
Average Fee (%of criteria sales) 3.6% 3.5% 0.1% 2.6%
Gross Revenue 516.1 809.5 (293.4) (36.2%)
-
Discounts 9.7 32.7 (23.0) (70.3%)
Net Revenue 506.4 776.8 (270.4) (34.8%)
Average Revenue per Broker 13.3 21.2 (7.9) (37.1%)

@ Confidential 19

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198024


FORWARD LOOKING
IMPACT ON CORE BUSINESS: DOWNSIDE Q2 REVENUE BRIDGE vs BUDGET
Q2 Revenue Bridge vs Budget


-
4,500
Q2 revenue variance to

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page4 of 89


·-
4,083
4,000
14 13 budget miss driven by reduce
3,500 (385) criteria sales on license and
~
0
0
0
V)

'1\.
3,000

2,500

2,000

1,500
•(1,308)
40 66

-. 2,524
full service
./

./
License slightly lower due to
increased churn
Full service lower from churn
of large accounts and smaller
1,000
than expected customers
A-391

500 on boarded
License Vol License Credits FSP AvgFee Q2 Forecast
Q2 Budget License AvgFee FSP Volume FSP Credits

Q2 Revenue Bridge vs Prior Year

-
3,500
307

VI
0
0
0
~
3,000

2,500

2,000
-2,864
(194) {16)

(659)
191 31 2,524
• YoY revenue is lower in Q2
due mainly due lower FSP
volume

1,500

1,000

500
License Vol License Credits FSP AvgFee Q2 Forecast
02 2017 License AvgFee FSP Volume FSP Credits

@ Confidential 20

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198025


FORWARD LOOKING
IMPACT ON CORE BUSINESS: DOWNSIDE H2 2018 REV BRIDGE vs BUDGET
H2 Revenue Bridge vs Budget

-12,803

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page5 of 89


13,000
20
-110
-
+ Majority of variance to budget 11,000
(848)

due to large reduction in full

-- -
9,000
service volume VJ
0
0
0
</\- 7,000
(5,447)
109
- 176 6,923

5,000

3,000
A-392

1,000 --- ---


License Vol License Credits FSP AvgFee H2 Forecast
H2 Budget License AvgFee FSP Volume FSP Credits

H2 Revenue Bridge vs Prior Year


10,000

• H2 revenue slightly less than


prior year due to variance in Full
Service volume VJ
0
0
0
</\-
9,000
8,000
7,000
6,000
5,000
• -
7,755
988

(373)
26

-(1,291)
(357) - 175 6,923

4,000
3,000
2,000
1,000 --
License Vol License Credits FSP AvgFee H2 Forecast
H2 2017 License AvgFee FSP Volume FSP Credits

@ Confidential 21

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198026


Case 19-440, Document 59-2, 08/13/2019, 2631502, Page6 of 89 r--
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How WE'VE RESPONDED: COST REDUCTIONS
NEW REDUCTIONS/ NEW ELIMINATIONS OF NEW HIRES POST FEBRUARY 2018

• Satellite offices closed Position Location Date Q2 Q3 Q4

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page7 of 89


../ Eliminated Reno and India Post Feb Reductions
Full Service Pricing - NY NY Jun-18 7.4 22.3 22.3
../ Streamlined PK Full Service Pricing - NY NY Jun-18 6.2 18.7 18.7
Full Service Pricing - NY NY May-18 14.3 21.5 21.5

• US and Spain reductions


../ Additional 15 pricers eliminated due to lower
Full Service Pricing - NY
Full Service Pricing - NY
Full Service Pricing - NY
NY
NY
NY
May-18
Jun-18
May-18
13.0
5.8
10.9
19.5
17.3
16.3
19.5
17.3
16.3
Full Service Pricing - NY NY Jun-18 5.4 16.2 16.2
volume Full Service Pricing - Reno Reno May-18 13.7 20.6 20.6
../ Churn and eliminations in other departments Full Service Pricing - Reno Reno Jun-18 5.1 15.4 15.4
Full Service Pricing - Reno Reno Jun-18 4.7 14.1 14.1


A-394

Full Service Pricing - Reno Reno Jun-18 5.6 16.7 16.7


New reductions in Q2 eliminated $170k of Full Service Pricing - Reno Reno Jun-18 5.4 16.1 16.1
monthly spend Full Service Pricing - Reno Reno Jun-18 5.0 14.9 14.9
Full Service Pricing - Reno Reno Apr-18 15.4 15.4 15.4

• Estimated 23 additional reductions by end


of July
Full Service Pricing - Reno
Quality Assurance
Operations Manager
Technical Support Analyst
Reno
Spain
us
us
Apr-18
May-18
Apr-18
Jun-18
14.1
8.8
15.7
6.5
14.1
26.4
23.6
19.6
14.1
26.4
23.6
19.6

..
30
Post Feb Elimination of Positions

-.. ..
Reductions after Feb 2018
21
23 FP&A us May-18 23.4 35.0 35.0

20
Sales Rep us Jul-18 40.9 40.9
Account Manager us Jul-18 32.7 32.7
Director of Customer Suppc us Sep-18 10.9 32.7
10
10
Data Engineer us Jul-18 39.3 39.3

Mar-18
• Administration
• Operations
--- • • •
3

Apr-18
~

• Sales
May-18

• Development
T

Jun-18 Jul-18
• Account Management
• Quality Assurance
'
Delayed New Hires
VP Customer Experience
Account Manager

Total
- --
us
us
May-18
Apr-18
39.6
31.7

257.8
59.4

547.0 509.4
Post Feb Additional Changes 257.8 547.0 509.4

@ Confidential 23

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198028


How WE'VE RESPONDED: STABILIZING RELATIONSHIP WITH KEV CUSTOMERS

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page8 of 89


Sam to meet with owners from top 15 revenue accounts over next 3 months to understand
any frustrations and what they want to see

+ Account management will meet with accounts 16-40 in person over next 3 months

+
A-395

Q2 data report for each of our top 25 accounts highlighting best and worst positions with
recommendations

+ Finding additional ways to add value such as access to analytics department for buying
analysis and deal evaluation

@ Confidential 24

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198029


How WE'VE RESPONDED: CONTINUING TO RETOOL FULL SERVICE
OUR ONGOING "TECH FREE" INITIATIVES TO IMPROVE FULL SERVICE PRICING

Focusing on Profitability Reorganizing Department

• •

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page9 of 89


Right-sized the department - To coincide with the loss Rebalanced pod structure - Pods are now staffed with
of clients, we have trimmed the department from a an equal number of Senior Pricers and weekend team
peak of 59 employees down to the current 39 members. This balance will significantly improve
employees. This includes closing the Reno office. weekly review schedules which, as a result, will
improve overall pricing quality.
• Staffing accounts based on profitability - All accounts
are now staffed based on profitability. We have
• Revamped Weekend I Night Shift Process - Added
created a model which will help us determine the more permanent weekend team members in order to
allowable FTE number for each account based on stabilize that team. This allows us to match accounts to
volume & rates. This model also helps Sales determine respective pricers which reduces the risk of
A-396

rates we need to charge prospective clients. unfamiliarity. Also installed a weekend manager.

Adding FS Account Management Improving Pricing Quality

• Created first AM position - Hired first Full-Service


Account Manager who will be the intermediary
• Training initiative - Created training program covering
12 topics. Each pricer received training manuals for
between pricers and a portfolio of the best-fit clients. each topic. Also created the 5 Ps of Pricing which are
This is the beginning of the Schwab vs JP Morgan displayed on the walls in the pricing pit.
approach. Some of the initial projects for this position
include: Creation of client profiles, Creation of criteria
set-up profiles, Monthly client recap reports
• Continuous Improvement - Weekly pricing workshops
that focus on simpler ways to manage inventory
(without tech gains)
• Conducted client survey calls - Created surveys to
grade overall service quality (pricing, communication, • Monthly KPls - Department goals and KPls are now
other added value) and conducted them with clients. being displayed on tvs in the pricing pit. Pricers are
The feedback was critical to helping us know where to now shown their inventory management numbers
focus our improvements and learning what clients feel monthly
we do well.

@ Confidential 25

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198030


Case 19-440, Document 59-2, 08/13/2019, 2631502, Page10 of 89 ......
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2018 DOWNSIDE SCENARIO: P&L AND CASH
Actual I Projected Actual I Projected Actual I Projected •.•• •:m;•
Actual Actual Actual FCST FCST FCST FCST FCST FCST FCST FCST FCST Actual FCST FCST FCST FCST FCST
Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 2018.1 2018.2 2018.3 2018.4 2018 2018 2018
License
#of Brokers m m m m w rn ~ m w ~ ~ ~ 127.7 142.8 171.1 194.7 159 192 (32.6)
Total All Sales 88.2 111.2 90. 7 91.2 107.6 104.0 103.1 106.2 120.3 138.2 144.9 125.2 290.1 302.8 329.6 408.4 1,331 1,488 (157.6)

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page12 of 89


Penetration Rate 42.6% 33.4% 41.7% 39.7% 37.1% 41.4% 42.9% 44.1% 45.3% 46.3% 47.4% 48.5% 38.8% 39.4% 44.1% 47.4% 42.9% 47.1% (4.3%)
Total Criteria Sales ~6 ~2 ~8 Th2 ~o 61 ~2 ~8 ~5 ~1 ~7 fil7 112.6 119.2 145.5 193.5 571 702 (131.0)
Average Fee(% of criteria sales) 1.~ 1.lli 1.~ W% W% ~% ~% Q~ 1.0% 1.0% 1.0'/o 1.0% 1.09% 0.96% 0.95% 0.96% 0.98% 0.94% 0.0%
Gross Revenue 386.5 396.8 444.1 352.3 381.0 408.8 418.5 443.5 518.7 609.8 656.2 583.0 1,227.5 1,142.1 1,380.8 1,848.9 5,599 6,569 (969.4)
Discounts 11.4 18.0 23.4 9.6 11.8 12.3 12.2 12.5 14.2 16.2 16.9 14.6 52.8 33.7 39.0 47.8 173 190 (17.2)
Net Revenue 375.1 378.8 420.8 342. 7 369.2 396.5 406.3 430.9 504.5 593.6 639.3 568.4 1,174.7 1,108.4 1,341.8 1,801.2 5,426 6,378 (952.2)
Average Revenue per Broker 3.0 3.0 3.3 2.6 2.6 2.6 2.5 2.5 2.8 3.2 3.3 2.8 9.2 7.8 7.8 9.3 34.1 33.3 0.8
Full Service
#of Brokers 34 ~ ~ ~ ~ TI ~ " ~ ~ ~ 48 35. 7 37.8 41.2 46.4 40 57 (16.5)
Total All Sales 51.9 59.2 53.1 33.9 47.0 41.8 40.0 46.2 49.2 51.5 51.7 47.9 164.1 122. 7 135.4 151.1 573 802 (228.7)
Penetration Rate 29.7% 20.6% 26.7% 41.9% 27.3% 31.5% 33.6% 35.2% 36.0% 36.7% 41.0% 43.2% 25.4% 32.7% 35.1% 40.2% 33.2% 49.9% (16.7%)
Total Criteria Sales 15.4 12.2 14.2 14.2 12.8 13.2 13.5 16.3 17.7 18.9 21.2 20.7 41.8 40.2 47.4 60.8 190 400 (209.9)
Average Fee(% of criteria sales) ~fi ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ 4.57% 3.62% 3.57% 3.61% 3.81% 3.51% 0.3%
Gross Revenue 672.9 640.0 594.9 516.1 463.8 474.0 481.9 577.5 633.6 682.5 761.2 747.8 1,907.7 1,453.9 1,692.9 2,191.5 7,246 14,048 (6,801.9)
(270.4)
A-399

Discounts 36.6 19.5 8.6 9.7 14.4 14.2 14.0 16.3 17.4 18.2 19.6 18.7 64.7 38.3 47.8 56.5 207 478
Net Revenue 636.3 620.4 586.3 506.4 449.5 459.8 467.8 561.1 616.2 664.4 741.5 729.1 1,843.0 1,415.6 1,645.2 2, 135.0 7,039 13,570 (6,531.5)
Average Revenue per Broker 18.7 17.7 15.4 13.3 11.9 12.3 11.9 13.6 14.3 14.9 16.0 15.2 51.9 37.5 39.8 46.0 175.1 241.0 (65.9)

Summary
License 375 379 421 343 369 396 406 431 505 594 639 568 1,175 1,108 1,342 1,801 5,426 6,378 (952)
Ful I Service 636 620 586 506 449 460 468 561 616 664 742 729 1,843 1,416 1,645 2,135 7,039 13,570 (6,532)
Consolidated Net Revenue 1,011 999 1,007 849 819 856 874 992 1,121 1,258 1,381 1,297 3,018 2,524 2,987 3,936 12,465 19,949 (7,484)

Gross Margin 993 982 990 832 802 839 857 972 1,098 1,233 1,353 1,272 2,965 2,474 2,927 3,857 12,224 19,470 (7,246)
GM% 98.2% 98.3% 98.3% 98.0'/o 98.0% 98.0% 98.0% 98.0% 98.0% 98.0% 98.0% 98.0% 98.3% 98.0% 98.0% 98.0% 98.1% 97.6% 96.8%

US Personnel Costs 785 780 771 731 721 747 692 833 789 763 757 757 2,336 2,199 2,315 2,276 9,127 10,487 (1,361)
Outsourced Development ~ ~ ~ ~ m m H ~ ~ E m m 944 860 813 768 3,385 3,176 208
Legal Fees 9 D 10 B B B B B B B B B 46 45 45 45 181 180
Marketing and Business Development 2 17 13 10 69 129 9 9 9 9 9 20 92 146 26 284 252 32
Other Professional Services 13 25 8 27 8 8 8 8 8 8 8 38 42 23 23 126 91 35
Operations ffi m hl ~ 72 77 77 77 77 77 77 77 199 212 232 232 875 869 5
Travel and Entertainment ~ v 18 m m 40 40 m m m m m 87 80 80 60 307 415 (108)
Rent ll D D ~ ~ ~ 10 10 10 ~ ~ ~ 84 88 29 237 437 518 (81)
OtherSG&A n 18 ~ ~ n TI TI 34 ~ ~ TI ~ 66 93 102 111 372 417 (45)
SG&A 1,315 1,271 1,235 1,208 1,211 1,292 1,289 1,263 1,232 1,269 1,254 1,254 3,821 3, 711 3, 783 3, 777 15,093 16,405 (1,313)
Adjusted EBITDA (322) (289) (245) (376) (408) (453) (432) (291) (133) (36) 99 17 (855) (1,237) (856) 80 (2,869) 3,064 (5,933)
Adjustments (131) (100) (167) (167) (167) (131) (100) (500) (731) (750) 19
EBITDA (322) (289) (376) (376) (508) (453) (599) (457) (300) (36) 99 17 (987) (1,337) (1,356) 80 (3,600) 2,310 (5,910)

Cap Ex (0) (20) (40) (115) (5) (5) (20) (155) (10) (185) (407) 222
r--------------------------------------1
t__4n ____ ~!.5_____ .:iL ____ ~'!. ____~o.?____ ~ _:
Cash and Cash Equivalents 3,594 2,886 2,415 1,909 1,315 706 32 2,415 706 43 272 272 5,624 (5,352)

@ Confidential 28

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198033


201s oowNs1DE scENAR10: IF WE Do WORSE THAN THIS ...
PER THE BOARD'S REQUEST, WE HAVE PREPARED A DOWNSIDE SCENARIO

Actual I Projected Actual I Projected Actual I Projected Vff" M M I Variance


Actual Actual Actual FCST FCST FCST FCST FCST FCST FCST FCST FCST Actual FCST FCST FCST FCST FCST FCST

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page13 of 89


Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 2018.1 2018.2 2018.3 2018.4 2018 2018 2018

Cash and Cash Equivalents 3,594 2,ss6 2,415 1,900 1,315 106
r--------------------------------------1
t__4B ---- ~~5_____ _:i2_ ____ ~'!. ____~02____ 3z~ _: 2,415 106 43 m 272 5,624 (5,352)

+ Downside scenario assumes $12.SMM in revenue (37% less than budgeted) and cash issues in
H2 2018

+
A-400

Should the company realize this downside case, the $2.25MM in financing from SVB will
bridge the company over this period

+ If revenue is trending worse than the $12.SMM forecasted, we will take more drastic
measures to stem the bleeding
../ Stop all planned hiring
• e.g. VP customer experience, account manager, US based developer, US based data engineer
../ Downsize operation
• Cuts across the company, but if revenue is missing downside plan it is likely because of FSP meaning that team will
need to be downsized
../ Reevaluate litigation spend
../ Explore financing alternatives

@ Confidential 29

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198034


Case 19-440, Document 59-2, 08/13/2019, 2631502, Page14 of 89 LO
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A-401
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WHAT WE'RE
EXCITED ABOUT: WE'RE BOLSTERING OUR KEV STRATEGIC PARTNERSHIPS

+ Ticketmaster:
../ #1 requested market feed. We have been working on getting the Ticketmaster feed for 2 years. We just

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page15 of 89


received approval to do a Beta test with the feed and we expect the Beta to be complete prior to the
conference (no guarantee it will move to a full roll-out)
• Has potential to increase our penetration rate up to 20% for some customers

+ StubHub:
../ We have continued to strengthen our relationship with Stubhub. They have shown an increased
willingness to allocate development resources in order to make changes to their APl's (Stubhub and
Ticket Utils) .
A-402

../ We have had meetings with the top API people at both Stubhub and Ticket Utils over the past 2 weeks

+ Ticket Network
../ Strongest relationship we have had in the past 5 years assuming POS NEXT integration completed
../ Want to put the BG price into their POS (we have wanted this for a long time)
../ Promoting that they are BG partners at the conference for their new web based POS (POS NEXT)
../ Have given us access to their market feed (3rd most requested- TM, Vivid Seats, Ticket Network)

+ Gametime
../ Gaining market share each month
../ Had good call with CEO and we are making intros to each others top clients
../ Evaluating opportunity to provide data through an API to help them price

@ Confidential 31

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198036


WHAT WE'RE
EXCITED ABOUT: POTENTIAL DEALS WITH INDUSTRY'S BIGGEST PLAYERS
WE ARE INVOLVED IN ACTIVE DIALOGUE WITH THE BIGGEST BROKERS IN THE
INDUSTRY
+ Anytickets - $1.5MM (25% probability of close)

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page16 of 89


../ Former customer - came off in December 2017
../ Estimated $100 million in sales volume
../ Finance brokers and pay them every 2 weeks- keep a% of profit
../ Interested in a Full Service and Data partnership

+ DTI - $1.5MM (15% probability of close)


A-403

../ Estimated $200MM in annual volume, maybe $100MM of consignment


../ Lost over $100MM of consignment inventory in 2017

+ Viwa - $1.5MM (80% probability of close)


../ Estimated $100MM in annual volume, significant portion of consignment
../ Was scheduled to trial full service, but opted to start with license first last minute

+ Primesport - $1.5MM (25% probability of close)


../ Former customer - came off in Q2 2017
../ Interested in full service

@ Confidential 32

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198037


WHAT WE'RE
EXCITED ABOUT: END TO END WILL OFFER TREMENDOUS VALUE
TECH FREE SOLUTION THAT WILL INCREASE OUR REVENUE FROM EXISTING
CUSTOMERS
+ Why it makes sense for our customers

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page17 of 89


../ Full service accounts have already outsourced the most difficult part of their operation- pricing. Many
of them would love to eliminate the rest of their fixed overhead
../ Freedom- many customers talk about "getting their lives back"
../ Fee arbitrage- lower exchange fees based on volume allow us to offer the service at no additional cost
../ Provides smaller brokers that are too small to onboard full service, can now access to full service
through the consignment partner
A-404

+ Why it makes sense for us


../ No tech
../ Fee arbitrage- Broker Genius takes 40-50% of the partners upside for bringing over the customers
../ Stickiness- End to end is much more difficult to leave
../ Financing- gives us much more leverage over ticket assets

+ Why it makes sense for our partners


../ Stubhub understands how much more inventory we can move through their exchange by more
competitive pricing (5%). Lower fees are more than offset by higher sell through

+ Where we are at
../ Discussions with Ticket Group who is interested in partnering
../ Have already partnered with Drews Tickets. We have just done our 3rd test with Drews and so far things
are going smoothly

@ Confidential 33

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198038


WHAT WE'RE
EXCITED ABOUT: FINANCING OPPORTUNITY IS REAL

+ Our customers need financing


../ Access to capital has become a limiting constraint for many of our customers (ticket brokers). For

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page18 of 89


example, some customers have ample buying opportunities but "run out of cash" by noon
../ Banks are not willing to provide capital to the space due to (a) poor industry image, (b) they cannot get
comfortable with the expiring good nature of the ticket as collateral, and (c) they do not know how to
assess creditworthiness

+ Broker Genius' unique market position


../ Broker Genius is unique positioned to piggy back off our core pricing business to assess the
creditworthiness of our customers in real time
A-405

../ Allows Broker Genius to further integrate into our customers processes (from helping sell with pricing to
helping buy with financing)

+ Why it makes sense for our partners


../ We believe funding brokers represents a $SOOMM+ opportunity, and estimate we could coordinate
funding $15MM to $25MM within 12 months

+ Where we are at?


../ Discussions with financing facilitators -7 near term approach -7 BG is the S&P rating agency
• We have met with three cash advance businesses that will provide plug and play servicing to get program going.
However their require rate of return will be very expensive
../ Discussions with financing partners -7 long term approach -7 BG sets up a sub to run product line
• We have also had three meetings with specialty investment funds who are highly interested in providing debt capital
to this opportunity

@ Confidential 34

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198039


WHAT WE'RE EXCITED ABOUT: ARBITRAGE MISPRICED INVENTORY
+ Using our access to industry data to identify mispriced inventory trading on exchanges and instantly
acquire the inventory

+ Hammad created rough prototype, but requires extensive testing and refinement until operational

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page19 of 89


+ Estimated addressable market of $600MM (6% of market total secondary market)

+ Opportunity for near term revenue with low risk (potential for up to $150k of revenue in Q4)
./ Ability to automate majority of process, resulting in high margin business line

+ Projected Timeline - 75 days prototype refinement, 75 days of live testing and refinement
./ Operational trading platform in Q4 2018
A-406

@ Broker Genius

No Of Oppportunities 25
New York Yankees at Houston
Astros
2018-{15-03T18.10.00+000 0
Mi-lula Makl Part
25
Sales Listings Market Listings Oppportun ities Listings
Date Section Ro w Qty Price Rank Section Row Qty Price Per Diff Pro fit No Of Oppor SH
(qly"m argin)
Baltimore Orioles at Los Angeles
Angels Tickets (Poncho)
3d ago View Deck I 2 3 25 1 View De ck I 414 9 4 22.9 11 .71 4_80 33 View
201B-05-04T02:07·00tOOOO 413
Ange.I Stadium 205
18
2 View Deck 1414 14 21 24.1
an hr ago View Deck I 3 3 18 22 46 840 17 View
414 3 View Deck I 414 12 4 24_1 137
Kansas City Royals at St. Louis 3 hrs ago View Deck I 4 2 14
Ca rdinals 4 View Deck I 421 4 4 24 .1 1865 720 g View
2018-05-23TOO 15 OOtOOOO
Busch Stadium
4 hrs ago
415

View Deck I 2 2 2033


5 View Deck 1421 5 2 24 .1
19 3
I
16 25.59 10.80 1493 View
416 21.1
6 View Deck I 421 5 4 24_1

Colorado Rockies at St Louis


cardinals Ticke ts (Pack of C.lrds )
201B-08-02T17 1500t-OOOO
Busch Stadium
~
. 14 hrs
ago

5 hrs ago
View Deck I
417

View Deck I
418
2

g
1

5
24

20 8
7 View Deck t 422

View Deck I 423


5

2
2

2
24_1

24 1
31.71
18.1

19.37
11.48

9 38
43

7613
V>ew

View
14 24.21
' 9 View Deck l 422 5 4 24 .1
11 .88 12.00 4 View
50.5
Atlanta Bravtos at New York Mets } , 500 '
JSd!anbyi1 mCl1 ~n&
2018-05-03T171000i 0000
3 , 000 3421 24 .52 687 View
CitiField JS ch art byomChi!rh
~ Show llll
3584
13
:Z, SOQ /
1663 1440 42 VHlW
2 ,000
43 3
ArizonOJi Diam ondboick s ;n San /
Diego Pad res
2018-07-2BT02·10·00tOOOO
1, 500
/ 2327 16 80 192 v....
1,00Q 361
Petco Park
13
1398 16.80 12 View
60 1
Clev eland Indians at St. Louis O,m e,m
Cardinals 12/08/2017 l2 :58 ll m 1V0 3/20 17 5 :34 pm 12l0l/2 017 7 : 10 pm 11/ 2 8/ 2 0 17 7 :5 1 pm 11 / 17/ 2017 1:11 pm
13.98 16.80 12 View
60.1

@ Confidential 35

CONFIDENTIAL - ATTORNEYS' EYES ONLY BG-SSOOO 198040


Prof. Eric Koskinen — Plaintiff’s Demonstrative # 1

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page20 of 89


Broker Genius 

v. 

Seat Scouts, LLC and Drew Gainor

A-407

Case # 1:17-cv-0867-SHS-SN

Prof. Eric Koskinen

1
Confidential — Attorney’s Eyes Only
Summary of Conclusions

Case 19-440, Document 59-2, 08/13/2019, 2631502, Page21 of 89


1. Mr. Gainor accepted the Broker Genius Terms of Use.
2. Command Center is derived from Broker Genius’
AutoPricer version 3 (APv3).
A-408

• Significant similarity and common software


architectures between APv3 and Command Center
• Command Center is traceable to Mr. Gainor’s use/
knowledge of APv3.

3
Definition of Derivation
“something that originates from something else :
something derived” — Merriam-Webster

For a later created software product to be derived from

A-409
an earlier product, two things must be true:
• similar (e.g. significant, common software
architectures)
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page22 of 89

• traceable (e.g. particular aspects, features, hallmarks)


5
Commonality between

APv3 and Command Center
1. Overall architecture of the two dynamic automatic
ticket pricing (DATP) products and their UI/UXs
2. An architecture that is a collection of software
subcomponents and features (widgets and
features) that have similar functionality and how

A-410
they:
– interrelate with each other

– interact with external systems (POS, exchanges)


Case 19-440, Document 59-2, 08/13/2019, 2631502, Page23 of 89

3. Architecture for addressing scalability


31
Events List Widget
• Event name, day of week, date, time, venue, # of
tickets in user’s POS.
• Only the events for which the user has inventory
• Chronological order by default

A-411
• Search by event or venue name or “at the floor”
• Displays data from external POS and Ticket
Exchange systems (e.g. StubHub)
• Interactions with other widgets: Clicking on an
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page24 of 89

event causes Inventory List Widget to load all


inventory for that event.
32
Inventory List Widget
• All user inventory listing shown, regardless of broadcast
status.
• Sort, directly edit price, select a single listing, select multiple
listings.
• Toggle broadcast status.

A-412
• Display POS data, ticket pack size, Section, Row, Floor, Cost.
• Interactions: Selecting a single listing begins rule creation via
Zones/Sections/Rows Widget.
• Interactions: Selecting multiple listings begins Group rule
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page25 of 89

creation via Groups Widget and Zones/Sections/Rows


Widget.
33
Zones/Sections/Rows Widget
• Select comparable zones, sections, and rows
• All zones, sections, and rows in the venue are available
for selection regardless of inventory available.
• Interactive map, synchronized with the sections list.
• Section and row lists include information from Exchanges.

A-413
• Displays cheapest available price for that row on
Exchange, based on comparisons to 2-packs (not single).
• Cheapest available price excludes user’s own inventory.
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page26 of 89

• Interaction: Selection permits the user to use that


selection as the basis for the Price by Comps widget.
34
Price by Comps Widget
• Create, apply and save a new or revised pricing rule
• Builds on the subset of the market identified by
Zones/Sections/Rows Widget
• Additional criteria to compete against including
“splits” and delivery type.

A-414
• Ability to specify how price should relate to
competing tickets in terms of dollars or percent.
• Interaction: Leads to the creation of a price rule that
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page27 of 89

is used by the system to perform dynamic automatic


ticket pricing.
35
Groups Widget
• Create a Group pricing rule by defining relationships between
multiple listings.
• Set anchor/lead and group order/ranking via drag-and-drop.
• Specify price difference (“spaceout” or “stagger”) based on
dollars or percentage.

A-415
• Prices are calculated following the rank order.
• Specify which listings (based on rank) will be broadcast and
when
• Interactions: Selecting multiple listings in the Listings Widget
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page28 of 89

begins the process of creating a pricing rule for the listings


group via interaction with the Groups Widget.
36
Seasons Widget
• Distinction:

- Seasons rules price one ticket pack across multiple


events.
- Group rules price multiple ticket packs in a single event.

A-416
• Pricing rules are applied to an entire season of tickets.

• Editing season listings inline

• Interactions: a price rule from the Price By Comps Widget is


Case 19-440, Document 59-2, 08/13/2019, 2631502, Page29 of 89

used to initiate Season Pricing

• Create pricing rules based on competing tickets in the market.


37
Software Architecture of AutoPricer v3
and Command Center

A-417
Price Calculation
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page30 of 89

38
Architecture for Scalability
• Top Tier: Event date is imminent. Market prices change
rapidly, so updates needed to be pushed rapidly.

• Near Tier: event is coming up, but not top priority yet

Lower Tier: when the event date is more distant

A-418

• Onsale Tier: around date that event goes on sale
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page31 of 89

43
Architecture for Scalability
Dynamic Cycle Speeds

5 days
APv3 T - 6 days
12.0 Command Center
3 days T - 4 days

A-419
2.0 T - 29 days
1.3
T - 50 days
1.0
0.5
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page32 of 89

Updates per Hour (“Cycle speeds”)


Onsale Time Event

44
2015 Event Watcher Documents
• A few Wireframe Sketches
• A few Pivotal Tracker Entries

A-420
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page33 of 89

53
No Group No Seasons
functionality
2015 Event Watcher Documents functionality

No interactive No tiered
map approach
(dynamic
cycle speeds)

A-421
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page34 of 89

No price by dollar
versus percent
DX-G (SS37748) 54
2015 Event Watcher Documents
• Purchaser product, some mention of pricing
functionality
• No product, no source code
• Tried to understand intended functionality

A-422
• Doesn’t describe the User Experience of APV3/
Command Center
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page35 of 89

55
2015 Event Watcher Documents
No mention or indication of an Inventory List Widget that has:
# Sort, directly edit price, select a single or multiple listings.
# Ability to toggle broadcast status.

No mention or indication of a Zones/Sections/Rows Widget that has:

A-423
# Select comparable zones/sections on an interactive map.
# Map selection of zones/sections synchronized with sections list.
# How price should relate to competing listings in terms of dollars-vs-
percent and above-vs-below.
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page36 of 89

56
2015 Event Watcher Documents
No mention or indication of a Season Pricing Feature that

# Create pricing rules for multiple lists, either based on a group or for an
entire season.

# Pricing rules applied to an entire season of tickets.

# Edit season listings inline

A-424
No mention or indication of a Group Pricing Widget that
# Create pricing rules for a group. Start by selecting multiple listings.
# Provide a name for a group of listings.
# Set anchor/lead and reorder/rerank via drag-and-drop.
# Price difference (“spaceout” or “stagger”) between listings in a group based on
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page37 of 89

dollars or percentage.
# Calculates prices for all listings in the group, following the lead and rank order.
# Specify which listings (based on rank) will be broadcast and when. 57
2015 Event Watcher Documents
No mention or indication of an Architecture that includes:

# Methods of caching data from Exchange systems.

# Methods of synchronizing with POS and Exchange systems.

# Methods of abiding communication limits of POS and Exchange systems.

A-425
# Scalability: A tiered-based approach for updating and broadcasting
pricing updates (“cycle speeds”). The system is designed so that
interactions with Ticket Exchanges carefully strike the balance between
price publication speed and Exchange bandwidth limits, by prioritizing
pricing updates into tiers, including an onsale tier.
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page38 of 89

58
2015 Event Watcher Documents
• In 2014, Gainor received a demo of an earlier
version of Broker Genius’ auto pricing product.

A-426
AutoPricer V 1 2015 Event Watcher
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page39 of 89

• Screenshots look alike.


59
Stagefront
• Never seen or given access to Stagefront software
or source code (neither has Defendants’ expert)
• No one from Stagefront has explained or verified
any functionality

A-427
• Some screenshots were provided by Gainor
• Tried to understand intended functionality
• Screenshots don’t convey the User Experience of
APV3/Command Center
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page40 of 89

60
No interactive No Group No Seasons No tiered approach
map functionality functionality (dynamic cycle speeds)
Stagefront

A-428
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page41 of 89

61
DX-HB
Stagefront
No mention or indication of an Inventory List Widget that has:
# Sort, directly edit price, select a single or multiple listings.
# Ability to toggle broadcast status.

No mention or indication of a Zones/Sections/Rows Widget that has:

A-429
# Select comparable zones/sections on an interactive map.
# Map selection of zones/sections synchronized with sections list.
# How price should relate to competing listings in terms of dollars-vs-
percent and above-vs-below.
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page42 of 89

62
Stagefront
No mention or indication of a Season Pricing Feature that

# Create pricing rules for multiple lists, either based on a group or for an
entire season.

# Pricing rules applied to an entire season of tickets.

# Edit season listings inline

A-430
No mention or indication of a Group Pricing Widget that
# Create pricing rules for a group. Start by selecting multiple listings.
# Provide a name for a group of listings.
# Set anchor/lead and reorder/rerank via drag-and-drop.
# Price difference (“spaceout” or “stagger”) between listings in a group based on
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page43 of 89

dollars or percentage.
# Calculates prices for all listings in the group, following the lead and rank order.
# Specify which listings (based on rank) will be broadcast and when. 63
Stagefront
No mention or indication of an Architecture that includes:

# Methods of caching data from Exchange systems.

# Methods of synchronizing with POS and Exchange systems.

# Methods of abiding communication limits of POS and Exchange systems.

A-431
# Scalability: A tiered-based approach for updating and broadcasting
pricing updates (“cycle speeds”). The system is designed so that
interactions with Ticket Exchanges carefully strike the balance between
price publication speed and Exchange bandwidth limits, by prioritizing
pricing updates into tiers, including an onside tier.
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page44 of 89

Instead, StageFront appeared to employ a simple manually set approach in


which a seller may select a “cycle” from a dropdown menu 64
Stagefront
• In 2014, StageFront used an earlier version of
Broker Genius’ autopricing product.
AutoPricer V 1 StageFront

A-432
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page45 of 89

• Screenshots look alike.


65
Gainor’s 2012 CORE ticket pricing product
Event list

Inventory list

select comps on
secondary market
using either
interactive map or
filter by

A-433
zone/section/row
or splits
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page46 of 89
Gainor’s 2012 CORE ticket pricing product
Event list

Inventory list

select comps on
secondary market
using either
interactive map or
filter by

A-434
zone/section/row
or splits
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page47 of 89
Gainor’s 2012 CORE ticket pricing product
Event list

Inventory list

select comps on
secondary market
using either
interactive map or
filter by

A-435
zone/section/row
or broadcast status
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page48 of 89
Gainor’s Event Watcher 2015- The combination
and user flow
● Koskinen notes only limited differences not apparent in initial design
documents
Does not challenge existence of
first four “widgets”
1. Event List
2. Inventory List
3. Select by Comps
4. Pricing Rules

A-436
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page49 of 89
The combination and user flow in Gainor’s Event
Watcher 2015
● Koskinen notes only limited differences not apparent in initial design
documents
Does not challenge existence of
first four “widgets”
1. Event List
2. Inventory List
3. Select by Comps
4. Pricing Rules

A-437
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page50 of 89
The combination and user flow in Gainor’s Event
Watcher 2015
● Koskinen notes only limited differences not apparent in initial design
documents
Does not challenge existence of
first four “widgets”
1. Event List
2. Inventory List
3. Select by Comps
4. Pricing Rules

A-438
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page51 of 89
The combination and user flow in Gainor’s Event
Watcher 2015
● Koskinen notes only limited differences not apparent in initial design
documents
Does not challenge existence of
first four “widgets”
1. Event List
2. Inventory List
3. Select by Comps
4. Pricing Rules

A-439
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page52 of 89
The combination and user flow in Gainor’s Event
Watcher 2015
● Koskinen notes only limited differences not apparent in initial design
documents
Does not challenge existence of
first four “widgets”
1. Event List
2. Inventory List
3. Select by Comps
4. Pricing Rules

A-440
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page53 of 89
StageFront autopricer used same components and
similar User Interface (DX OG)

A-441
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page54 of 89
Prof. Koskinen’s limited claimed differences with
StageFront
Does not challenge existence of
first four “widgets”
1. Event List
2. Inventory List
3. Select by Comps
4. Pricing Rules

A-442
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page55 of 89
Prof. Koskinen’s limited claimed differences with
StageFront
Does not challenge existence of
first four “widgets”
1. Event List
2. Inventory List
3. Select by Comps
4. Pricing Rules

A-443
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page56 of 89
Prof. Koskinen’s limited claimed differences with
StageFront
Does not challenge existence of
first four “widgets”
1. Event List
2. Inventory List
3. Select by Comps
4. Pricing Rules

A-444
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page57 of 89
Prof. Koskinen’s limited claimed differences with
StageFront
Does not challenge existence of
first four “widgets”
1. Event List
2. Inventory List
3. Select by Comps
4. Pricing Rules

A-445
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page58 of 89
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page59 of 89

StageFront Auto Pricer Groups (DX OG


at SS79579)

A-446
Seat Metrics autopricer used by Mr. Gainor in 2016 prior to
his building Command Center
1. Event List
2. Inventory List
3. Select by Comps
4. Pricing Rules

A-447
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page60 of 89
Seat Metrics autopricer used by Mr. Gainor in 2016 prior to
his building Command Center
● Pricing rules by dollars or percentage

A-448
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page61 of 89
The User Interfaces Use Different Approaches to Navigation -
single menu vs. all menus

A-449
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page62 of 89
The User Interfaces Use Different Approaches to Navigation -
Broker Genius
Event list

Inventory list

select comps

Pricing rule

A-450
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page63 of 89
APv3 does not use interactive map as primary means for
selecting comps

A-451
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page64 of 89
APv3 does not use interactive map as primary means for
selecting comps
User must first click zones

A-452
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page65 of 89
APv3 does not use interactive map as primary means for
selecting comps
Then must click sections

A-453
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page66 of 89
APv3 does not use interactive map as primary means for
selecting comps
Then must click rows

A-454
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page67 of 89
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page68 of 89

APv3 user must engage interactive map to access

A-455
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page69 of 89

Command Center - starts single event


list

A-456
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page70 of 89

Command Center - inventory list

A-457
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page71 of 89

Command Center - select comps

A-458
Command Center uses interactive map as primary
means for selecting comps, no manual clicking
through zones/sections/rows

A-459
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page72 of 89
Command Center comparable selection - skips
Zones, goes right to section

A-460
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page73 of 89
Command Center comparable selection allows
user to pre-define rows, splits, traits rather than
manually having to input each time as in APv3

A-461
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page74 of 89
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page75 of 89

Command Center rules - individual menu with


more information

A-462
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page76 of 89

APv3 pricing rules

A-463
Step by step in each program, to edit a rule, a user must traverse a significantly different user experience. This can best be quantified
in the number of mouse clicks to complete the exact same task:

Command Center AutoPricer v3

1. Enter keyword search 1. Enter keyword search


2. Click on event 2. Click on event
3. Click “Edit Rule” 3. Click on zone
4. Click “Update Pricing” 4. Click “get sections”
5. Click on section
6. Click “get rows”

A-464
7. Click row
8. Click “set pricing”
9. Click “push price” or “save criteria”
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page77 of 89
Comparison of Applying a Rule to a Group in Command Center vs AutoPricer v3

Command Center AutoPricer v3

1. Enter keyword search 1. Enter keyword search


2. Click on event 2. Click on event
3. Check boxes next to each ticket you want in 3. Click on zone
the group. 4. Click “get sections”
4. Click “Create Rule Group” 5. Click on section

A-465
5. Click “Continue” 6. Click “get rows”
7. Click row
8. Check boxes next to each ticket you want in
the group.
9. Click “Create rule group”
10. Click to select required group type
11. Click “Save”
12. Click “Save Rules”
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page78 of 89
Comparison of Event Search/Result
Functionality
AutoPricer v3 Command AutoPricer v3 Command
Center Center

Search by color yes no Search by event name yes yes

Search results change no yes Search by venue name yes yes


automatically as you type
Search events by date yes yes
Search by inventory tags no yes
Search by reviewed status no yes
Search by event tags no yes

A-466
Search by active rules no yes
Search by “no rules” no yes
Search by deactivated no yes
Search by “partial rules” no yes rules

Search by “needing attention” no yes Exclude only zone no yes


inventory

Search events with listings at yes yes Sort displayed events by yes yes
floor date
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page79 of 89

Search events with listings at no yes Sort displayed events by yes no


ceiling number of tickets
Applications that apply a rule to a
group
Apply a rule to a group?

CORE yes

goPricer yes

Seat Trax yes

A-467
StageFront yes

Event Watcher yes

Seat Metrics yes

Command Center yes

AutoPricer v3 yes
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page80 of 89
Applications with the Same Architecture
POS? Marketplace?

qCue yes yes

Digonex yes yes

CORE yes (internal) yes (internal)

goPricer yes yes

Seat Trax partial (uses StubHub) yes

A-468
StageFront yes (internal) yes

Event Watcher yes yes

Seat Metrics yes yes

Command Center yes yes


Case 19-440, Document 59-2, 08/13/2019, 2631502, Page81 of 89

AutoPricer v3 yes yes


Case 19-440, Document 59-2, 08/13/2019, 2631502, Page82 of 89

Command Center developed own cycle


times/rate limits (DX LM)

A-469
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page83 of 89
Drew My Info (share your location) Settings Staff Help Log out
@ Seat

Home > Event Watcher > Autopricer Search > History Assets Access: Private

History of Autopricer Search

Drew My Info (share your location) Settings Staff Help Log out
2 years ago (Sep 27 2015, 2:43 PM), Minor update by Drew

Motley Crue Saturday 10/6/2015 Prudential Center Newark, NJ


Motley Crue Saturday 10/6/Z015 Prudential Center Newark_ NJ
Motley Crue 3atuEay 107572015 Center N3

Motley Crue Saturday 10/6/2015 Prudentialcenter Newark_ NJ

Quantity Section Raw Seat: Coat Price Floor Format lnternalNotea EIternalNotea

+
-
4
z
121
121
G
J
5-8
2-3
$95
:95
was
S185
s1qo
8180
E
E

Settings Create Rule

View on Stubhub
Lowest Comparable: Name Min Price Listings
Delivery Methods: E] Price Increase
(4) 101 Row $194.00 $183.00
u
E .1 2
(2) 101 Row
EUPS Elnstant I-we-=
$199.00
D U Middle $185.00 26 I Lower 102
. $165.00
(6) 103 Row A $205.00
E LMS E Electronic 5

CI Upper $99.38 32 E Lower 103 $17100 4 Slice By: 3.11


Splits:
D 1 E 2 C] 3 C] 4 New Price: $178.81
C] 5 El 6 D 7 CI 8

Exclude Traits:
E Obstructed
E Pig9yBack
E SeniorIVouth

Download BMML

2 years ago (Sep 25 2015, 5:14 PM), Minor update by Drew

CONFIDENTIAL A-470 SS37748


Case 19-440, Document 59-2, 08/13/2019, 2631502, Page84 of 89
Motley Crue Saturday 10/6/2015 Prudential Center Newark, NJ
Motley Crue Saturday 10/6/2015 Prudential Center Newark_ NJ
Motley Crue Satuaay 107672015 Cenier NewaHi_ N3
Motley Crue Saturday 10/6/2015 Prudentialcenter Newark_ NJ

Quantity Section Raw Seats Cost Price Floor Format lnternalNotes External Notes
-[- 4 121 G 5-5 sqs $195 31110 E
_ 2 121 J $95 $185 $180 E

Settings Sections Rona Create Rule

Lowest Comparable:
(4) 101 Row E 819400 Name Min Price Listings Name Min Price Listings
Delivery Methods: El Price Increase
(2) 101 Row D $1419.00 5 Lower 3284.67 12 5 I $183.00 2
E UPS E Instant Interval: 15 MINUTES
(6) 103 Row A $205.00
E LMS E’ Electronic
CI Middle $185.00 26 I Lower 102 $165.00 5 u
E] Upper $99.33 32 E Lower 103 $179 00 4 Slice By: $.11
Splits:
D 1
E’ 2 C] 3 D 4 New Price: 8178.81?
CI 5 El 6 E] 7 C] 8

Exdude Traits:
E Obstructed
E PiggyBack
5 Senior/Vouth

Download BMML

Restore this version

2 years ago (Sep 25 2015, 5:13 PM), Minor update by Drew

Motley Crue Saturday 10/6/2015 Prudential Center Newark, NJ


Motley Crue Saturday 10/6/2015 Prudential Center Newark_ NJ
Motley Crue Satuaay 107572015 Cenier Newaai, N3

Motley Crue Saturday 10/6/2015 Prudentialcenter Nework_ NJ

Quantity Section Raw Seat: Coat Price Floor Format lnternalNotea EIternalNatea
-[- 4 121 G 58 $95 $115 s1<io E
-
2 121 J 2-3 395 $185 8180 E

Setting: Sections Ravi: Create Rule

Lanes! Comparable:
(4) 101Row E $104.00 Name Min Price Listings
Delivery Methods: E] Price Increase
(2) 101 Row $199.00 $183.00
u
.1
D
EUPS Elnstant 2
rm--=
(6) 103 Row A $205.00 U Middle $185.00 26 I Lower 102
. $165.00
E LMS E Electronic 5

CI Upper $99.38 32 E Lower 103 $179 00 4 Slice By: 3.11


Splits:
D 1 E 2 C] 3 C] 4 New Price: 8170.81
CI 5 El 6 D
Exclude Traits:
7 CI 8
W W
-
E Obstructed
E Pia9yBack
E Senior/Youth

Download BMML

Restore this version

A-471
CONFIDENTIAL SS37749
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page85 of 89
2 years ago (Sep 23 2015, 6:59 PM), Minor update by Drew

Motley Crue Saturday 1o/5/2015 PrudentialCenter Newark, NJ


Motley Crue Saturday 10/6/2015 Prudentialcenter Newark_ NJ
Motley Crue Satuaay 107572015 NewoHi,N3
Motley Crue Saturday 10/6/2015 Prudentiolcenter Newark_ NJ

Quantity Section How Seat: Coat Price Floor Format lnternalNotea EIIEFIIIINOIEI
-[- 4 121 G 5-8 $95 $1115 s1qo E
-
2 121 J 2-3 395 $185 8180 E

Setting: Sections Rims Create Rule

Lanes! Comparable: Range:D- all A-Z D AA-ZZ


Name Min Price Listings Name Min Price Listings
Delivery Methods: El Price Increase
Lower $284.67 12 a '
$183.00
u
E - i . .' - .
2
E UPS E lnstont rm--=
U Middle $185.00 26 I Lower 102 $165.00
E LMS E Electronic 5

CI Upper $99.38 32 E Lower 103 $179.00 4 Slice By: $.11


Splits:
[J1 E Z D 3 U4 New Price: $178.81
C] 5 El 6 D 7 CI 8
Pnce
Exclude Traits:
E Obstructed
E Pig9yBack
E SemorlYouth

Download BMML

Restore this version

2 years ago (Sep 23 2015, 6:37 PM), Minor update by Drew

Motley Crue Saturday 1o/5/2015 PrudentiaICenler Newark, NJ


Motley Crue Saturday 10/6/2015 Prudentialcenter Newark_ NJ
Motley Crue Satuaay 107572015 NewaHi_N3
Motley Crue Saturday 10/6/2015 Prudentialcenter Newark_ NJ

Quantity Section Raw Seats Cost Price Floor Format lnternalNotes External Notes
-[- 4 121 G 5-a sqs $195 31110 E
_ 2 121 J $95 $185 $180 E

Settings Sections Rows Create Rule

Lweat Comparable:
Name Min Price Listings
Delivery Methods:
I
El Price Increase
,1 .m-_, $183.00 2
E UPS E Instant Interval: 15 MINUTES
E LMS E’ Electronic
CI Middle $185.00 26 I 102 5 u
E] Upper $99.33 32 E Lower 103 $174 00 4 SIiog By; $_11
Splits:
D 1 E’ 2 C] 3 U 4
CI 5 El 6 E] 7 C] 8

Exdude Traits:
E Obstructed
E PiggyBack
5 SemorlVouth

Download BMML

A-472
CONFIDENTIAL SS37750
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page86 of 89
Restore this version

2 years ago (Sep 23 2015, 6:36 PM), Minor update by Drew

Motley Crue Saturday 10/6/2015 PrudentiaICenler Newark, NJ


Motley Crue Saturday 10/6/2015 Prudentialcenter Newark_ NJ
Motley Crue Satuaoy 157572515 NewoH{_N3
Motley Crue Saturday 10/6/2015 Prudentialcenter Newark_ NJ

Quantity Section Row Seats Cost Price Floor Format lnternalNotes External Notes
-[- 4 121 G 5-a sqs $195 31110 E

+ 2 121 J $115 $185 $180 E

Settings Zones Sections Row: Create Rule

Lanes! Comparable: Range:g- all A-2 U AA-ZZ


Name Min Price Listings Name Min Price Listings Mn Price Listings
Delivery Methods: El Pricelncrease
5 Lower 3284.67 12 5 1
$183.00 2
E UPS E instant interval, 15 MINUTES
E LMS E’ Electronic
CI Middle $185.00 26 I 102 $16500 5 u
E] Upper $99.33 32 E Lower 103 $174 00 4 SIiog By; $_11
Splits:
D1E'2C]3 U4
El 5 El 6 E] 7 C] 8

Exdude Traits:
E Obstructed
E PiggyBack
5 SemorlVouth

Download BMML

Restore this version

2 years ago (Sep 23 2015, 6:33 PM), Minor update by Drew

A-473
CONFIDENTIAL SS37751
Report of Marina Martin
PREPARED FOR USE IN THE ACTION

BROKER GENIUS, INC. V. SEAT SCOUTS, LLC AND DREW GAINOR


CASE NO. 17-CV-08267-SHS
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

A-474
DATED: DECEMBER 15, 2017
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page87 of 89
CONFIDENTIAL – ATTORNEYS’ EYES ONLY

Expert report of Marina Martin

● Section 6: I see no indication that Drew Gainor created his Broker Genius account himself, which would mean he did
not ever agree to the Broker Genius terms of use. I do see multiple indications that he likely did not create this
account himself.

In his report, Dr. Koskinen states that he “shall use the term derivation to mean ‘something that originates from something
else’ (Merriam-Webster Dictionary).” It is my conclusion upon reviewing all available materials that Command Center by
Seat Scouts did not originate, in whole or in part, from AutoPricer v3, and in fact many of the alleged derivations are the
result of common industry knowledge and/or common technology best practices and patterns. However, most components
of AutoPricer v3 did originate (were “derived”) from easily discoverable other sources, often without attribution.

A-475
Case 19-440, Document 59-2, 08/13/2019, 2631502, Page88 of 89

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Case 19-440, Document 59-2, 08/13/2019, 2631502, Page89 of 89

CERTIFICATE OF SERVICE

I hereby certify that on August 13, 2019, I electronically filed the

foregoing Appendix for Appellants by using the appellate CM/ECF

system.

I certify that the participants in the case are registered CM/ECF users and

that service will be accomplished by the appellate CM/ECF system.

/s/ Christoph C. Heisenberg


Christoph C. Heisenberg

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