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Jury awards American Airline $9.4M from website behind 'skiplagging' hack

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Re: Jury awards American Airline $9.4M from website behind 'skiplagging' hack

#11

I don't understand the airline's argument that they couldn't resell the seat. Of course not, it was already paid for! Can someone make sense of their argument for me, as it seems prima facia illegitimate.

Legacy US airlines don’t always price their seats logically based on fuel, tax, time, and wear costs.

The price for a given multi-leg trip is sometimes discounted by Some Amount from the actual price you would pay buying each leg individually.

This is exploitable by purchasing a discounted fare with (H) hops at price P(H) in order to fly (H-X) hops, where X > 0 and P(H-X) > P(H). I offer no speculation as to their motivations in selling a ticket where P(H-X) > P(H) but I certainly don’t think kind thoughts towards them for the outcomes it creates in airline pricing.

Their complaint against consumers is, in summary, “we could have charged a higher price P(H-X) for the seat that was left empty if the customer had not exploited this P(H) loophole in our pricing, and we deserve to be paid that difference.” This is not strictly relevant to the lawsuit, which is against an agency rather than a consumer, but helps explain their motivations for prosecuting an agency site for exploiting it.

Their complaint against the third party website is both different and more nuanced, but ultimately stems from a site making it trivial for consumers to find and exploit this loophole without domain-specific knowledge known primarily to travel agents and hobbyists. Thus their extreme focus on trademark; if they had succeeded in that claim, they would potentially be able to weaponize the judgment against any site that doesn’t pay them a bribe for showing their logo in association with interpretations of flight pricing data, which would let them harvest millions of dollars of new passive revenue streams; as well as having the option to terminate the existence of any site they dislike that shows their logo or brand. Their trademark claim was denied in full.

The airlines are within their legal rights to cancel tickets and refuse business from customers who exploit this loophole, so long as they do so indiscriminately with respect to the protected characteristics of the individuals refused.

There are no regulations requiring simple coherent pricing where leg+leg+leg = multi-leg fares, either, which is why ITA Software’s Matrix and its ability to resolve traveling salesman pricing problems across the fare code hellscape was worth a billion of dollars to Google.

Re: Jury awards American Airline $9.4M from website behind 'skiplagging' hack

#12
post #7

> Skiplagging is not illegal, but airlines view it as a policy violation that is grounds for termination of a traveler’s entire itinerary since the airline can't sell the empty seat in the onward flight. The poor airline, unable to sell an empty seat because ... checks notes ... the seat is already sold to someone, and that person decided not to show up. Truly the horror. Just think of all the revenue the airline los…

Maybe the site should rebrand itself.

Tell people to get off if the meal on the next leg is ... checks notes... a safety hazard.

Re: Jury awards American Airline $9.4M from website behind 'skiplagging' hack

#13
Funny, in the rental market, most states literally _very enthusiastically_ enforce a housing regulation where is staunchly illegal charge rent to two people for the same property, regardless of whatever contracts they've signed. So you know, how the airlines might book 103% of capacity on a plane? oh yeah, straight to jail. Guy signed a lease and defaulted, you find a substitute renter and you don't cancel the original tenant's payments? also, believe it or not, straight to jail.

Re: Jury awards American Airline $9.4M from website behind 'skiplagging' hack

#14

Important note: "skiplagging" while frowned upon and grounds for an airline banning individuals from using them; is not why skiplagged is paying AA $9.4M. From the article: Paul Yetter, an attorney for American with Yetter Coleman in Houston, told jurors during opening statements that Skiplagged is not an authorized agent of the airline yet "dresses up" its website with American's trademarks to look legitimate and fo…

so authoritative yet so wrong

Re: Jury awards American Airline $9.4M from website behind 'skiplagging' hack

#15
post #7

> Skiplagging is not illegal, but airlines view it as a policy violation that is grounds for termination of a traveler’s entire itinerary since the airline can't sell the empty seat in the onward flight. The poor airline, unable to sell an empty seat because ... checks notes ... the seat is already sold to someone, and that person decided not to show up. Truly the horror. Just think of all the revenue the airline los…

Yup, and since they routinely oversell flights, I have zero sympathy for them. Negative sympathy even

Re: Jury awards American Airline $9.4M from website behind 'skiplagging' hack

#16
I am on the airlines side really. They set the fare from A to B.

If you start have people skipping they can no longer offer the competitive fares. The solution could be fines for doing it as a general principle.

They also may cause delays due to final calls, security and manifest checks etc.

Re: Jury awards American Airline $9.4M from website behind 'skiplagging' hack

#17

Important note: "skiplagging" while frowned upon and grounds for an airline banning individuals from using them; is not why skiplagged is paying AA $9.4M. From the article: Paul Yetter, an attorney for American with Yetter Coleman in Houston, told jurors during opening statements that Skiplagged is not an authorized agent of the airline yet "dresses up" its website with American's trademarks to look legitimate and fo…

It might be why (in the sense of motivation, not law) the suit was filed though.

Re: Jury awards American Airline $9.4M from website behind 'skiplagging' hack

#18
post #2

Seems like this practice in general shows that a true free market doesn't exist in the airline industry. If it did exist then flights like these wouldn't be profitable to sell in the first place.

Reminds me of the famous Interstate Commerce Act of 1887.

Re: Jury awards American Airline $9.4M from website behind 'skiplagging' hack

#19
How about we jail airline executives and fine airlines for overselling flights, forcing people to give up their seats, banning people for skiplagging, kicking people off based on clothing, etc. If they can be so arbitrary and refuse passengers, we should just revoke their license to operate.

Re: Jury awards American Airline $9.4M from website behind 'skiplagging' hack

#20
post #4

I'm surprised that this common enough that it's worthwhile for airlines to fight it. It requires both: - Flight being meaningfully cheaper using hidden city and - Traveller is willing to deal with the restrictions (no carry-on, risk of route changing, no frequent flyer etc).

Agreed. I like the idea of being hostile to the airlines so I’ve used Skiplagged to search for flights before but I’ve never found a hidden city itinerary that I actually wanted to take.

I’m guessing it probably makes sense with certain airports with high fees near concentrations of wealth? E.g. maybe London->NYC costs more than London(->NYC)->Albany because NYC airports have high fees and airlines presume wealthier clientele bound for NYC?

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