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American Airlines and The Points Guy are suing each other

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Re: American Airlines and The Points Guy are suing each other

#11

Post by pdabbadabba »

cbtacy wrote: post #6

https://www.aa.com/i18n/customer-service/support/legal-infor... "Unless otherwise noted, all information, AAdvantage® account information, articles, data, images, passwords, Personal Identification Numbers ("PINs"), screens, text, user names, Web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of American Airlines Group, Inc., or American Airlines, Inc., or their su…

But just because AA says so on their website does not make it so. Is there any evidence that they actually agreed to the TOS you linked? That they even read or were presented with a copy of it? And even if they agreed to the terms, what is the appropriate remedy for breaching the agreement?

Re: American Airlines and The Points Guy are suing each other

#12

Post by lp0_on_fire »

whatshisface wrote: post #9
cbtacy wrote: post #6

https://www.aa.com/i18n/customer-service/support/legal-infor... "Unless otherwise noted, all information, AAdvantage® account information, articles, data, images, passwords, Personal Identification Numbers ("PINs"), screens, text, user names, Web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of American Airlines Group, Inc., or American Airlines, Inc., or their su…

It is cut and dry what they want, but the question is, do the terms give them merely the right to terminate your account... or to sue you?

They have the standard boilerplate:

" American Airlines also reserves the right in its sole and unfettered discretion to deny you access to the Site at any time. "

"You agree that this Agreement is made and entered into in Tarrant County, Texas. You agree that Texas law governs this Agreement's interpretation and/or any dispute arising from your access to, dealings with, or use of the Site, without regard to conflicts of law principles. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the state or federal courts of Tarrant County, Texas. You agree and understand that you will not bring against American Airlines Group, Inc., American Airlines, Inc., or any of its affiliated entities, agents, directors, employees, and/or officers any class action lawsuit related to your access to, dealings with, or use of the Site."

Re: American Airlines and The Points Guy are suing each other

#14

Post by Dig1t »

cbtacy wrote: post #6

https://www.aa.com/i18n/customer-service/support/legal-infor... "Unless otherwise noted, all information, AAdvantage® account information, articles, data, images, passwords, Personal Identification Numbers ("PINs"), screens, text, user names, Web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of American Airlines Group, Inc., or American Airlines, Inc., or their su…

I mean, is that legally possible to do? If they make information freely available on their website how are they legally able to control how that information is used? That seems kind of ridiculous to me.

Re: American Airlines and The Points Guy are suing each other

#16

Post by samschooler »

cbtacy wrote: post #6

https://www.aa.com/i18n/customer-service/support/legal-infor... "Unless otherwise noted, all information, AAdvantage® account information, articles, data, images, passwords, Personal Identification Numbers ("PINs"), screens, text, user names, Web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of American Airlines Group, Inc., or American Airlines, Inc., or their su…

Its going to be similar to this suit [0] with Linkedin which they lost. The only difference is the data is behind an auth wall which linkedin's content wasn't.

[0]: https://news.bloomberglaw.com/us-law-week/supreme-court-scra...

Re: American Airlines and The Points Guy are suing each other

#18

Post by throwaway_b04f »

Years ago I (and a handful of other folks) had a meeting with some people from American who were thinking about opening up their data via an API. One of the other attendees said something to the effect of, "software developers are very, very good at removing inefficiencies when given data like this." It was delicately phrased but the subtext was clearly a warning: if your business depends on asymmetry, an API can sink you. I guess they took that warning to heart.

Re: American Airlines and The Points Guy are suing each other

#19

Post by noitpmeder »

samschooler wrote: post #16
cbtacy wrote: post #6

https://www.aa.com/i18n/customer-service/support/legal-infor... "Unless otherwise noted, all information, AAdvantage® account information, articles, data, images, passwords, Personal Identification Numbers ("PINs"), screens, text, user names, Web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of American Airlines Group, Inc., or American Airlines, Inc., or their su…

Its going to be similar to this suit [0] with Linkedin which they lost. The only difference is the data is behind an auth wall which linkedin's content wasn't. [0]: https://news.bloomberglaw.com/us-law-week/supreme-court-scra...

I thought the fact that LinkedIn's content was _not_ behind a paywall was the main point. E.g. it's fine to scrape whatever they did from LinkedIn because it was public to all.

Re: American Airlines and The Points Guy are suing each other

#20

Post by [deleted] »

cbtacy wrote: post #6

https://www.aa.com/i18n/customer-service/support/legal-infor... "Unless otherwise noted, all information, AAdvantage® account information, articles, data, images, passwords, Personal Identification Numbers ("PINs"), screens, text, user names, Web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of American Airlines Group, Inc., or American Airlines, Inc., or their su…

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