I can't imagine the status page is mentioned anywhere in the contracts. I would think that the only language that is included is that it's the customers responsibility to track and notify the vendor (Github) about any downtime, and to do that within 48 hours of the downtime having occured. And only then will the customer be eligible for compensation, probably in the form of free service credits.

My personal take is that this wording is the reason you see so few public status pages in general, especially ones with automatic and minute-by-minute status history. Better to put it on the customer to have accurate monitoring in place, which most people simply won't have.

It seemed like a good faith effort... Between when I was told about it (which seemed like it was very early on) to when I saw the status page change (saw it 'all clear' at first) was... 3 minutes? Yes, it's not 'real time' but they don't seem to be intentionally hiding something for hours on end. There may be some consequences for reporting on false positives too quickly as well.

Maybe they run it from github actions?

You gonna sue them?

Fraud implies intent.

1) SLAs are almost always customer initiated (see "Customer Must Request Financial Credit." in https://cloud.google.com/appengine/sla for example)

2) The SLA isn't tied to the status page at all, a customer can request an SLA refund for any reason provided they have proof of damages.

TL;DR: status pages are a helpful tool to let folks know something's wrong and that the team isn't asleep at the wheel, not a legally binding contract.

Not a lawyer, but my understanding of this issue is that it constitutes fraud if and only if the status page is a contractually- or legally-binding warrant as to the status of their services.

>why is it legal in the tech industry?

Tech has a history of abusing legal gray areas or else simply ignoring laws it finds inconvenient, enabled by toothless and sluggish enforcement, and using profits from lawbreaking to fund lobbying campaigns to retro-actively make things legal. For recent examples see Uber, Airbnb, Clearview, et al.