The service is making them available. You have to pay a premium for this service. If it wasn't for scalpers, then you (probably) just wouldn't get one, unless you're waiting in line for the store to open.
Supposedly, all rational agents in a capitalist system try to maximize their own profits. If consoles were priced correctly, they wouldn't be able to make any profit by doing this. They'd just have a warehouse full of new consoles and not enough buyers. The fact that it's even profitable means they'll continue to do it. I think there are really only two possible solutions to this from the supplier side. 1. Increase production. 2. Increase MSRP.
Trying to regulate away this problem will just lead to more "innovative" scalpers.
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