The only 2 companies that can stop the scammers are Microsoft and Sony. They could solve the problem instantly by opening up an unlimited backorder queue where people could just place their orders and get in line. This is exactly what Apple does everything they release a product. It helps them know how many to manufacture, and you can just check your estimated ship date at any time.
This would cut the scalpers off at the knees. Yes they could get in line like anyone else, but these policies would keep them from selling their spots in line:
Put a simple credit card pre-authorization hold at time of order
Clearly state a policy of "1 device per shipping address"
You cannot change the shipping address without canceling the order
Your card isn't charged until the device ships
There's still nothing stopping scalpers from buying a bunch of systems at WalMart, Target or Amazon using their bots, BUT this would give buyers a decent enough alternative option that is TRIED AND TRUE from Apple. Heck, that's even pretty much what Dell and Alienware have always done, only they take your money up front and hold it during the backorder period!