Southwest's Bullshit Lawsuit Over a Site That Made $45
techdirt.com
techdirt.com
People for whom $10 or $20 isn't a big deal, will not bother to check if their flight has gone down in price, so South West gets to charge them the higher price. Others who bother to check a few times get to pay a lower price.
It seems similar to coupons/offers in the Safeway app. If you can be bothered to look and add the coupon to your account, you get a discount, but if you're rich you don't bother, and pay the higher price.
That seems so backwards to me.
The usual description is that "the plaintiff has the burden of proving their case by a preponderance of the evidence".
The site had made $45. Just the threat of a lawsuit (that Southwest might not have won) was enough to shut them down. If you fight a big company like Southwest, even if you win, you probably lose (legal fees, concentration, etc).