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American Airlines and The Points Guy are suing each other

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21–30 of 332 posts

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

#21

Earlier quoted context omitted.

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 conflict…

If I understand correctly, the enforceability of these TOS just added to the bottom of the page is uncertain. After all, I wasn’t forced to read and agree to the TOS on AA’s website like I am for say, Twitter or Facebook.

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

#22
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…

Not all information is copyrightable. Just because there's a copyright notice doesn't mean there's actually a copyright.

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

#23
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?

Also, are click through agreements really binding? Imagine if the terms said “by visiting, you agree to pay us $100,000 in 12 months”

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

#24
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…

No post body was provided.

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

#25

Earlier quoted context omitted.

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 conflict…

[deleted]

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

#27

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 sin…

When you operate in a commodity business you want to impede the market's price discovery mechanism (in this case by making it harder for prices to be aggregated).

The same issue and battle is playing out for US healthcare as well due to the recent rule forcing hospitals to make prices public.

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

#28

I honestly don’t know who to root for here. TPG is one of my favorite sites, but American is one of my favorite airlines.

Favoritism should have aboslutely nothing to do with this. Public stuff on the internet should be exactly that, public. You have no expectation of privacy and it's up to you as an owner/operator to maintain the security of your site, make sure you aren't being dos'd, screen scraped (use strong captchas, validated accounts), etc.

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

#29

Earlier quoted context omitted.

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 conflict…

Those click-through terms being ubiquitous removes 99% of peoples rights to the legal system, which seems a bit fishy

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

#30

Earlier quoted context omitted.

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 conflict…

I don't see how that gives AA the right to sue.
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