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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

#291

Post by FireBeyond »

dragonwriter wrote: post #239
mbreese wrote: post #192

Earlier quoted context omitted.

But if TPG is an agent of the customer, then AA should be suing the customer. As said above, TPG isn’t subject to the TOS because they aren’t the ones who agreed to them. So, it’s the user that is misusing AAs data. But they don’t want to sue their customers (and in particular each customer individually, because I’m sure there is a no-class-action clause)… So here we are. It should be fascinating to see where this go…

> But if TPG is an agent of the customer, then AA should be suing the customer. Respondeat superior lets you sue the principal for torts of an agent committed in the scope of their agency, but it doesn't eliminate the liability of the agent for their own torts. You typically want to sue the principal when the agent is less able to pay, less willing to settle, or one of many easily replaceable agents employed by the p…

And here's me, all idealistic, thinking that decisions on who to sue should be about the merits of the complaint, rather than "who has the potential to give me the most money".

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

#293

Post by Dracophoenix »

akersten wrote: post #259
KieranMac wrote: post #214

Earlier quoted context omitted.

American 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

IMO it would serve the common person well if we changed the way the law works so that if a corporation sues you for a laundry list of things, if a single claim gets thrown out, then they all do. That prevents this insane pile-on where a half-afternoon's work by 4 people in their giant legal department turns into a multi-year nightmare for an average citizen. I think that would be a fair way to reign in the corporate…

While I agree with sentiment, I don't agree with the premise or the method. Corporations aren't the only ones stacking charges. Prosecutors and private citizens (usually operating pro se) are just as capable of frivolous litigation. The best action a judge can and should take is to dismiss the meritless claims before proceed to court phase.

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

#294

Post by enos_feedler »

listenallyall wrote: post #262
enos_feedler wrote: post #145

Earlier quoted context omitted.

Makes sense. Thanks for this context.

Does it make sense? Bots rarely make HTTP requests for images, css, video clips, large JS files, custom fonts, etc. Real people do. A well-written bot just seeking some specific data can often complete it's task with less than 1% of the resources that would be sent to a "real" user.

I am not sure what "bots" you are talking about here. When I wrote a web scraper to get my Air Canada point values I used a script that fetches the web page and parses it. It was the only way i could get it to work. I had to steel the session token from the browser cookie in order to make it auth

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

#295

Post by enos_feedler »

ethbr0 wrote: post #175
PragmaticPulp wrote: post #117

Earlier quoted context omitted.

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…

And unreasonable bot load is a legitimate concern. What's illegitimate is that "attempting to ban programmatic access" is on the table as a legal redress. The only way, from a technical moral standpoint, I could see that being remotely reasonable is if there was 1:1 feature and access parity with an API, then being able to legally force agents to use the API. But critically that's 1:1 feature - if a user can do it, t…

So what we need to do is make a platform for user's bots that completely prevents them to behave in anyway un human like. then get other platforms to trust this platform, rather than trust individuals and their scripts.

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

#296

Post by kmonsen »

brendoelfrendo wrote: post #282
akersten wrote: post #259

Earlier quoted context omitted.

IMO it would serve the common person well if we changed the way the law works so that if a corporation sues you for a laundry list of things, if a single claim gets thrown out, then they all do. That prevents this insane pile-on where a half-afternoon's work by 4 people in their giant legal department turns into a multi-year nightmare for an average citizen. I think that would be a fair way to reign in the corporate…

Then they would just send you 12 consecutive lawsuits. If they're that big and well-funded, they've got the time.

But can't they still do that right now? So parents proposal would make the situation a tiny bit better?

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

#297

Post by smsm42 »

Nextgrid wrote: post #149
pixl97 wrote: post #98

Earlier quoted context omitted.

>car dealer would be the only one who had access to your car mileage or maintenance records So yea, I have the next billion dollar idea. The gas gauge app. $3.99 a month to know how much farther you can travel. Also, we remove the gauge from inside the car.

Any car that has a screen could have a built-in diagnostic tool displaying all the trouble codes, live data from sensors, etc. The computer behind the screen already has access to said data as it's connected to the various data buses. But yet even in 2022 the best we can do is "service engine soon" and getting more information than that requires an expensive visit to the dealership.

I think there are apps that could read OBD-II codes? Though usually they're kinds cryptic and fixing them often beyond what an average motorist could do.

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

#298

Post by lmm »

kmonsen wrote: post #296
brendoelfrendo wrote: post #282

Earlier quoted context omitted.

Then they would just send you 12 consecutive lawsuits. If they're that big and well-funded, they've got the time.

But can't they still do that right now? So parents proposal would make the situation a tiny bit better?

Judges, courts, and basically everyone (including most defendants) would rather have one hearing than 12.

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

#299

Post by tedunangst »

kmonsen wrote: post #296
brendoelfrendo wrote: post #282

Earlier quoted context omitted.

Then they would just send you 12 consecutive lawsuits. If they're that big and well-funded, they've got the time.

But can't they still do that right now? So parents proposal would make the situation a tiny bit better?

Generally no. The reason you see a 12 claim filing is because they don't get unlimited do overs. You get some chances to amend the complaint, but once it starts moving forward, that's it.

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

#300

Post by throwaway09223 »

dghlsakjg wrote: post #283
throwaway09223 wrote: post #273

Earlier quoted context omitted.

There's a ToS, which is a contract. From the AA website: "By logging in, you accept the AAdvantage terms and conditions"

Yeah, but it would seem that the points guy ISN'T logging in. The AA customers are logging in using a tool provided by TPG.

Do you think TPG has never logged into AA during the development of this tool?
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