Its not a race to see who is greedier. Personally, I think that StubHub (like any other ticket agency) scalping tickets should have the screws put to them.
That being said, something that people (and Stubhub and the moron judge) seem to forget is that the Patriots are the controlling interest of the tickets. They can chose who they allow in and who they don't allow in. And they can chose to no allow re-sold tickets into the stadium. And they can do it because their waiting list is so long.
Yes, the Patriots CAN monopolize the sale of their own tickets. Heck, at any point in time, they could turn around and tell ticket agencies that they are no longer allowed to buy tickets and that any tickets bought and re-sold by them will not be honored. And all the Pats have to do is make that announcement, put it on the tickets. And there won't be squat people can do about it.
Honestly, I think that the judge is proceeding with the incorrect lawsuit. He should have had the owners of Stubhub arrested for scalping tickets.