Yes, they do have right, unless some legislation passes. Because yes, problem existed, but it wasn't same. Today we have internet, where one can quickly mass buy with bots, literally stealing items from carts of other customers. Scalpers are like I ran into store, bought all milk, then run around stealing all milk from carts so I could sell it at inflated prices. But before that, without internet you could at least go to shop far enough to where I couldn't buy everything up. With internet, supply everywhere will dry up very easily. Which makes scalping much bigger problem. Plus consoles aren't in isolation here, you are right about that. Which us even more reason why it should get regulated, do at least sites like eBay or Amazon start taking scalpers down. Again something they didn't have in the past and makes scalping bigger problem.
As for consoles, again, I agree. But just because I am not lining up to buy one, this doesn't mean I should be fine with what is going on. And if course I would recommend against buying them. But then again, I am not a problem here. Its for example parents who don't know better and really want to buy their kid latest console, but can't avoid scalper prices, for example. And it is bit hard to explain to a kid how Grinch came and stole his present and is now selling it at exorbitant price. Just saying.
Plus I think scalpers deserve bad reputation they got. They provide no service or convenience to the society. And as all other greedy people, be Jeff Beside, Ajit Pie or Bobby Kotick,... you can't have both, be greedy profiteering scum and have good reputation, pick your poison, I guess.