Un’agenzia di viaggio acquista biglietti aerei da Southwest Airlines (SA), rivendendoli poi a terzi, ed estrae sistematicamente vari dati, pubblicamente accessibili nel sito web di questa: ciò nonostante le condizioni di acquisto lo proibissero.
SA agisce per varie causae actiones tra cui violazione contrattuale. Decide la NORTHERN DISTRICT COURT OF TEXAS – DALLAS DIVISION , CIVIL ACTION NO. 3:21-cv-00098-E, Soutwest Airlines c. Kiwi, 30.09.2021, accogliendone la domanda.
Kiwi cita il noto precedente hiQ Labs c. Linkledin del 2019, ove fu ritenuto lecito lo scraping dei dati.
E’ poi intgersante anche il ragionamemnot sul danno irreparabile , requisito per la cocnessione della cautgela: viene ravvisato e la cautela èconcessa: <<Balance of harms: Southwest must also demonstrate the threatened injury if the injunction is denied outweighs any harm that will result if the injunction is granted. Southwest argues Kiwi’s business practices interfere with customer communications, misrepresent Southwest customer-friendly policies,
charge customers unnecessary fees, divert traffic away from Southwest’s website, and tarnish Suthwest’s reputation and goodwill. Southwest argues Kiwi will suffer little if any damage by ceasing unauthorized sales of Southwest flights and that Kiwi’s interest in using the Southwest website for its own commercial purposes is entitled to “scant consideration.” Kiwi can continue its business and sell flights for other carriers.
Kiwi alleges the balance of harms tips strongly in its favor. Kiwi argues an injunction poses a significant threat to its business model, reputation, and partner relationships. Kiwi asserts removing Southwest flights from its website will drastically affect its ability to build dynamic travel itineraries for its customers. According to Kiwi, for many key travel routes and destinations,
it is impossible to fly without traveling on Southwest. It also contends that an unspecified “threat of further injunctions against brokering ticket sales poses a potentially existential threat to Kiwi.com’s US operation.”
The Court concludes the threatened injury to Southwest if the injunction is denied outweighs the harm to Kiwi. Southwest has shown that Kiwi’s unauthorized sales of its flights poses a significant disruption to its customer operations. Kiwi has not convinced the Court that the injunction will significantly threaten its business. As Southwest notes, Southwest is not listed as one of Kiwi’s “top 20 airlines” on its website>
(notizia e link alla sentenza dal blog di Erik Goldman)