5 ms·
> 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
by nybble41 5y ago
> 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-party app actually counts as sharing it with that party. How exactly would this be different logging in from a web browser? It's just a different kind of user agent. Are Google, Mozilla, Microsoft, and Apple guilty of tortious interference simply because the software they release has access to your passwords on your own machine and could report them back? (For that matter, they even store the synced passwords on their servers, though in principle those are supposed to be private.)
Of course there could also be specific terms in the TOS against accessing the service with unapproved user agents, independent of any prohibition on sharing credentials.
- staticassertion 5y agoI doubt that part of a TOS is enforceable as it restricts speech. edit: No it doesn't, brain fart.
- dragonwriter 5y ago> I doubt that part of a TOS is enforceable as it restricts speech. Contractual restrictions on speech are enforceable.
- xmprt 5y agoFor a simpler example, think of NDAs
- iso1631 5y agoWhat law says someone can't restrict free speech?
- paxys 5y agoRIP password managers then, I guess
- KieranMac 5y agoAmerican 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
- paxys 5y agoCurious how Breach of Contract can fly, considering TPG never agreed to a contract with AA to begin with. And AA is obviously not suing their own customers.
- throwaway09223 5y agoThere's a ToS, which is a contract. From the AA website: "By logging in, you accept the AAdvantage terms and conditions"
- dghlsakjg 5y agoYeah, but it would seem that the points guy ISN'T logging in. The AA customers are logging in using a tool provided by TPG.
- dragonwriter 5y ago> but it would seem that the points guy ISN'T logging in. The AA customers are logging in using a tool provided by TPG. AA provides a number of arguments against that. That's part of the dispute.
- throwaway09223 5y agoDo you think TPG has never logged into AA during the development of this tool?
- dragonwriter 5y ago> Curious how Breach of Contract can fly, considering TPG never agreed to a contract with AA to begin with AA presents an argument for the ToS binding TPG as a party.
- dragonwriter 5y ago> 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"). 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.
- whiddershins 5y agoSo I wonder what if any legal difference there would be if TPG was only providing a web app that runs in the browser.
- joquarky 5y agoAlso, would there be any legal difference if they wrote a browser plug-in/extension that provides additional information while you're logged into AA's site?
- pishpash 5y agoWhat if their plug-in advertises for competitors or defames AA or navigates the user immediately away? It's hard to argue it is still a browser/user-agent if it changes or editorializes somebody else's content beyond a certain point.