The legal team for four California men accused of illegally buying more than 1 million concert tickets online via Ticketmaster and charged with conspiracy and fraud are seeking to have the indictment against them tossed out. The Government says their company, Wiseguy Tickets, resold the tickets and profited for over $30 million..

Euticketnews originally covered the case here and there has been attempts by legal team in the past to throw the case out of court.

Though the tickets were authentic, prosecutors say the hackers used sophisticated programs to get around safeguards put in place that restrict the number of tickets that each customer can purchase.

According to the 43-page indictment, four men and their company, Wiseguy Tickets Inc., created software that impersonated individual ticket buyers which then hit online ticket services such as Ticketmaster and other primary ticketing sites. The defendants worked with computer programmers in Bulgaria to create a computer network that was able to fool mechanisms that ticket sites have in place to make would-be buyers prove they are humans.

Their bots monitored ticket websites and sprang into action the minute tickets went on sale, opening thousands of internet connections simultaneously from a changing lineup of rented servers and as many as 100,000 different IP addresses. The scripts could defeat both visual CAPTCHAs and the audio alternatives offered to visually impaired customers. When the bots filled out purchase pages with customer credit card information, they used fake e-mail addresses and mimicked human behavior by occasionally making typing mistakes in the online forms.

The EFF in July also filed an amicus brief in the case, suggesting that this is a ridiculous outcome. No one should be criminally liable for not obeying the terms of service on a website. If that's the case, it's easy to make anyone a criminal. Anyone could just quickly put up a terms of service that says something as ridiculous as "you must be 8 feet tall to read this website." And, if you're not, you've then violated the terms, and are guilty of criminal hacking under the CFAA -- which could potentially result in jail time. That makes no sense, and the EFF is hoping the judge recognizes this:

"Under the government's theory, anyone who disregards -- or doesn't read -- the terms of service on any website could face computer crime charges," said EFF Civil Liberties Director Jennifer Granick. "That gives Ticketmaster and other online services extraordinary power over their users: the power to decide what is criminal behavior and what is not. Price comparison services, social network aggregators, and users who skim a few years off their ages could all be criminals if the government prevails."

Mark Rush, an attorney for lead defendant Kenneth Lowson, argued in Federal Court overnight that the four might have violated websites' terms of service, but aren't liable under existing federal law.

Mr Lowson and two other men have been free on bail since March. A fourth defendant is a fugitive and believed to be overseas.