I wrote a scraper for Air Canada's aeroplan program a few years ago. I wanted to track my points in my own custom native app. I probably had $10,000 worth of points in my account. One day I logged in to find out my account had been deactivated on suspicions of fraud. After several lengthy phone calls with their team (including sending them the node.js script I was using), I was able to get my account restored. For th…
I’ve been on the other side of this, defending against bots. Basically: Well-behaved and well-intentioned scraping bots are rare. You’d get a lot of users setting update rates to 60 seconds that did a new login every time and creating as much traffic as 1000 users. Then they’d release the script for integration with something people and suddenly you have 1000 people each creating 1000 times as many login requests as…
American Airlines and The Points Guy are suing each other
211–220 of 332 posts
Re: American Airlines and The Points Guy are suing each other
#212American Airlines is alleging 12 legal claims:
1. Breach of Contract 2. Tortious Interference with a Contract 3. Unfair Competition by Misappropriation 4. Trespass 5. Trademark infringement 6. Dilution 7. Dilution under Texas State Law 8. False Designation of Origin 9. Copyright Infringement 10. CFAA 11. Violation of Texas Harmful Access by Computer Act 12. Unjust Enrichment
Re: American Airlines and The Points Guy are suing each other
#213Earlier quoted context omitted.
AA and all other US airlines argue that information about your customer account is part of a data set that belongs to them, so they set the terms by which the data may be accessed. It's in their terms of service. This isn't particularly unique to airlines either.
Can a company write "Chrome is not allowed to access this website" in their terms of service and then sue Google when customers still use it?
Re: American Airlines and The Points Guy are suing each other
#214Interesting that AA frames it as TPG's app stealing confidential customer data, while it is the customer who set up the app and willingly provided their credentials in the first place. Will AA be able to find a single customer who has a problem with what TPG does? What is their case then exactly? Would they similarly sue the app if customers were copy pasting data into it, rather than accessing it programmatically? F…
> What is their case then exactly? Speculating, but TOS generally say that you're not allowed to share your password with anyone. Assuming that's true for the AA site, AA might argue that TPG is encouraging users to break their TOS ("tortious interference"). Though if app doesn't actually share the password with TPG and just uses it locally there may well be a question of whether entering your password into a third-p…
1. Breach of Contract 2. Tortious Interference with a Contract 3. Unfair Competition by Misappropriation 4. Trespass 5. Trademark infringement 6. Dilution 7. Dilution under Texas State Law 8. False Designation of Origin 9. Copyright Infringement 10. CFAA 11. Violation of Texas Harmful Access by Computer Act 12. Unjust Enrichment
Re: American Airlines and The Points Guy are suing each other
#215Earlier quoted context omitted.
Exactly. Personally I don't differentiate between carbon-based and silicon-based eyes. They're both eyes. Also, banning silicon-based eyes should be declared a massive, massive ADA violation.
That's a fairly bizarre and Byzantine approach to legalizing screen scraping. If we want to make screen scraping affirmatively legal, we can simply do that. We don't need to anthropomorphize HTML/JSON parsing as equivalent to human vision, and then declare any efforts to restrict that vision to be a violation of the Americans with Disabilities Act. Lol.
Re: American Airlines and The Points Guy are suing each other
#216Interesting that AA frames it as TPG's app stealing confidential customer data, while it is the customer who set up the app and willingly provided their credentials in the first place. Will AA be able to find a single customer who has a problem with what TPG does? What is their case then exactly? Would they similarly sue the app if customers were copy pasting data into it, rather than accessing it programmatically? F…
> What is their case then exactly? Speculating, but TOS generally say that you're not allowed to share your password with anyone. Assuming that's true for the AA site, AA might argue that TPG is encouraging users to break their TOS ("tortious interference"). Though if app doesn't actually share the password with TPG and just uses it locally there may well be a question of whether entering your password into a third-p…
They specifically claim it's presenting something that is intentionally confusingly similar to an official AA logon screen using copyrighted and trademarked AA content to harvest customer username and password info, does not prominently note it's nonaffiliation with AA, and directly violates the TOS itself, as well as arguing tortious interference, copyright infringement, trademark infringement, trademark dilution, and violation of the CFAA and the Texas equivalent.
They also note a similar dispute settled with a separate firm owned by the same parent before TPG tried to negotiate a deal with AA for permission to access customer data for this purpose and was turned down.
Re: American Airlines and The Points Guy are suing each other
#217As an attorney who focuses in this area, I can say that the most interesting question is first where this case will be decided. Texas, and the Northern District of Texas in particular, has historically been the worst jurisdiction in the country for web scrapers to litigate. Southwest has a long history of litigating successfully there, including two cases from just last year. If TPG is going to win, first they'll nee…
I'm surprised more businesses don't ban all of Texas as customers to prevent any litigation happening there.
Re: American Airlines and The Points Guy are suing each other
#218Earlier quoted context omitted.
Well first you're going to have to convince people to pay for the things they use. History has shown us they have practically zero interest in doing so. People would rather trade their attention for free stuff than their money for priced goods and services. The industry has grown out of this human behavior, not vv. [edit] Humans have a limited capacity for making purchasing decisions. This is why in 20+ years nobody…
But what happens when nobody sees the ads anymore? I run enough ad blockers that I never see ads on the Internet. I don’t watch broadcast/commercial TV. I don’t listen to broadcast radio. In my area, public advertising like billboards are very rare. It really isn’t difficult to live a life with very little ads.
Hopefully their return on investment will approach zero and they will stop putting ads on everything.
Re: American Airlines and The Points Guy are suing each other
#219Interesting that AA frames it as TPG's app stealing confidential customer data, while it is the customer who set up the app and willingly provided their credentials in the first place. Will AA be able to find a single customer who has a problem with what TPG does? What is their case then exactly? Would they similarly sue the app if customers were copy pasting data into it, rather than accessing it programmatically? F…
So basically corporations don‘t even pretend like they grasp the idea, that you pwn your data. It is theirs. You can use it, give it to companies, to the government, but you are not allowed to destroy it (just like currencies in many countries). LOL. Edit: typo. I wrote „pwn“ instead of „own“. But then I thought about it and somehow it feels appropriate.
Re: American Airlines and The Points Guy are suing each other
#220Earlier quoted context omitted.
AA and all other US airlines argue that information about your customer account is part of a data set that belongs to them, so they set the terms by which the data may be accessed. It's in their terms of service. This isn't particularly unique to airlines either.
That should simply not be enforceable, period. If we had any consumer advocacy in government in the US, this BS would have never even come up.
I think these principles have served us pretty well despite the violations of human dignity like not being able to check your AA points from the TPG app.