I mean, the act of people scalping stuff has existed before the digital age. Even a century ago: scalpers would pay a third party to hold a spot in line on purchasing concert or theater tickets to resell at a higher price since the internet didn’t exist back then. Like, in the 90s: scalpers showed up in person (paying someone to hold the spot for you whilst in line) for acquisition of the product, that’s how they’ve done it.
At the time, pre-orders for an upcoming console or game were done in store (you physically went there placing an order after seeing an ad on TV or a magazine). But, how common were scalpers during that era? It would be like a group of scalpers pretending not to know each other or split into smaller groups heading to different retailers on buying the same product whilst playing as another customer.


I think that it was the other way round for games. Laws have been developing all the time towards advantages for copyright owners.
Most people tried to get software (games) for free rather than paying more :) but as I said, everything was done back then.