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Civil Action No.1:17-cv-08627-SHS
Civil Action No.1:17-cv-08627-SHS
Plaintiff,
v.
Civil Action No.1:17-cv-08627-SHS
Defendants.
James McGowan, having first been duly sworn, states and affirms as follows:
Genius” or “BG”).
3. I am familiar with and have personal knowledge of Broker Genius’ activities and
operations. As to the matters stated below, I have either personal knowledge or the facts have
been derived from my investigation of the issues, and, if called as a witness, I could and would
an intermediary between brokers’ point of sale (POS) ticket inventory management systems
5. In order to integrate Broker Genius’ APV3 product with a ticket broker’s POS for
purposes of retrieving and updating pricing data for any ticket within their inventory, the ticket
broker must provide BG with a unique API (Application Program Interface) key that allows for
6. While I have not used Seat Scouts’ Command Center product, my understanding
is that, just like APV3, a ticket broker who wishes to integrate Command Center with his point
of sale ticket inventory management system for purposes of retrieving and updating pricing data
must provide Seat Scouts with a different unique API key (i.e., different than the API key
assigned to BG).
7. After May 14, 2018, I began observing the POS activity of nine Seat Scout clients
who are also Broker Genius clients, using their respective unique BG-assigned API keys to
retrieve a list of all the inventory currently owned by each of the brokers and listed in their
8. For each listing of the BG/Seat Scouts customers’ inventory, I then used the
unique BG-assigned API key to retrieve a “price history” record that shows every price update in
the POS for that listing, regardless of how that update is made.
9. The “price history” record includes a date/time stamp in Universal Time (UT)
(“dateOfAction”), an e-mail field, which identifies who caused the price update, and a price. See
Exh. 1.
10. Upon analyzing the retrieved price history records for these nine brokers, I
realized that they were still auto-pricing their inventory using the unique Seat Scouts-assigned
API keys.
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CONFIDENTIAL - FILED UNDER SEAL
11. Exhibit 1, attached hereto, shows sample price history records, for each day from
May 10th through May 22nd, for one of these brokers (“Broker11”) whose inventory I analyzed.
Each of these price history records reflects an update to the POS using the unique Seat Scouts-
12. For Broker1, and one other BG/ Seat Scouts customer (“Broker 2”), I totaled the
number of price updates in their POS for the following three periods: from May 1 to May 13;
from May 14 (the day the preliminary injunction went into effect) to May 22 at 1:19:15PM UT
and; from May 22 at 1:29:11PM UT to May 29, by API key or user account and compiled the
13. All nine BG/ Seat Scouts customers (including Broker1 and Broker2) that I
14. Attached hereto as Exhibit 3 are price history records of the first price updates
executed by the respective “SeatScouts” username for each of the nine BG/ Seat Scouts
15. Exhibit 4 attached hereto shows sample price updates, executed by the
“SeatScouts” username, for Broker1, for each day from May 22nd through June 4th.
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The names of the broker customers and their respective users (i.e., the individual brokers
working for the customer) have been anonymized.
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CONFIDENTIAL - FILED UNDER SEAL