The case will be interesting, as the person being sued isn't the one violating the terms of the ticket contract. He's just providing information. It's a bit like the claims of P2P software, search engines, YouTube, etc. They aren't pirating songs/materials, just providing software that allows it to happen. Sometimes they win, sometimes they lose.
I don't see how Orbitz has standing in the case.
As for those actually buying the tickets - If you don't agree to the terms of the ticket contract, don't accept them and don't buy the ticket. If you agree to the terms of the contract, why would you think it's wrong for the other party to seek settlement when you violate it. Not liking their product pricing isn't license to steal from them.