In recent years, with the sustained popularity of the performance market, conflicts and disputes related to it have also occurred from time to time. Among them, complaints about consumers buying "pillar tickets" while watching concerts often appear online. On June 20th, the People's Court of Minhang District, Shanghai, made a first instance judgment on a rights protection case arising from the purchase of "pillar tickets" at a concert, ordering the defendant, a Shanghai entertainment company, to refund the plaintiff's consumer ticket price according to a certain standard. In April 2023, Ni and nine others purchased tickets for a singer's Shanghai concert through a third-party sales platform, with ticket prices of 699 yuan, 999 yuan, 1299 yuan, etc. The organizer was a Shanghai performing arts company. After arriving at the scene, Ni and others found that their line of sight was obstructed to varying degrees by the load-bearing columns of the stage, seriously affecting the viewing experience. After the concert, Ni and others did not accept the relevant mediation plan and filed a lawsuit with the court, claiming that a certain performing arts company had committed fraud and demanding that it bear the responsibility of "refunding one and compensating three". The Minhang District Court, based on the arguments of both parties and the evidence in the case, believes that the sale of "pillar tickets" by a certain performing arts company has not yet constituted fraud and is a defective performance, constituting a breach of contract. The court introduced that Ni and others purchased tickets for a concert held by a certain performing arts company, and the two parties established a service contract relationship. The performing arts company should fully fulfill its obligations. The viewing line of Ni and others was clearly obstructed by the load-bearing column, which exceeded the general psychological expectation. However, the performing arts company neither proactively informed them in advance nor developed sufficient contingency plans to exchange seats for Ni and others and eliminate the adverse effects. In summary, the services provided by a certain entertainment company during the performance of the contract have obvious defects and should bear the liability for breach of contract. The court also believes that the audience's experience of a concert is multifaceted, not just about watching, but also about listening, feeling, interacting, and so on. Therefore, although the experience of Ni and others watching the entire concert was not satisfactory, it is not enough to determine that a certain performing arts company has fundamentally breached the contract. In addition, Ni and others did not leave the venue early, so their request for a full refund is difficult for the court to support. Considering that the concert has ended and the performing arts company is unable to continue or take remedial measures, a partial refund of the ticket price should be issued. The court, based on the actual situation, ordered the performing arts company to refund the prices of 420 yuan, 650 yuan, and 910 yuan per ticket. After the verdict of the case, 2 out of 9 plaintiffs accepted the verdict and withdrew their lawsuit, while the remaining 7 plaintiffs appealed. Recently, the Shanghai First Intermediate People's Court has made a judgment on the second instance of the case, upholding the judgment of the first instance court. The judge of Minhang District Court stated that obtaining a complete and immersive concert audio-visual experience is a right that consumers should enjoy, and providing such a venue and environment is also an obligation that the organizer should fulfill. To promote the healthy and orderly development of the performing arts economy, corresponding pricing rules, refund and replacement rules, industry norms, etc. should be gradually improved. In this case, the organizer should fully consider the links and factors that may interfere with the viewing experience, and publicly disclose or inform in advance. For seats with severe obstruction, it is recommended not to sell them to the public. For seats with certain obstruction, special price tickets, regular price tickets, and tiered refunds and exchanges can be launched to provide consumers with more diverse purchasing choices and protect their right to know and choose. At the same time, organizers and ticketing platforms should respond promptly to consumer rights protection and provide more reasonable, convenient, and efficient after-sales processing channels. (New Society)