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Old Dec 13, 2014, 9:43 pm
  #29  
rsteinmetz70112
 
Join Date: Jul 2013
Posts: 5,813
Originally Posted by Beckles
As I recall Southwest has successfully obtained court rulings asserting these rights, basically protecting them from others using their website while circumventing their user interface.

If we're talking about a single person who writes a script for their own personal use, while it is against the ToS you cite, Southwest has little to no incentive to pursue them. The minute you start talking about such a script in public and implying you may offer it for others to use in any fashion the chances of Southwest taking action increase significantly.

If you knowingly violate the ToS of their website and/or provide a tool knowing it violates their ToS there would be the potential for civil liability if Southwest wished to pursue the matter.
To the best of my recollection, Southwest has only obtained rulings against commercial websites and the legal tide has somewhat tured against the naked one sided terms asserted against consumers. There is a very old tenant of contract construction that any ambiguity is construed against the drafter. Contracts between business entities have generally been considered to be between "sophisticated" actors, but even that has been challenged with regard to EULAs which are a very close relative to ToS.
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