Comment by eigencoder
12 hours ago
I'm naive on the law around this, but it seems like Amazon.com shouldn't have standing here. What Perplexity does, from my perspective, is essentially the same as when I allow Firefox, Chrome, or Safari (or any other browser software) to see my credentials and access Amazon's website on my behalf.
You're not using "standing" correctly, you're using it more to argue about the merits of the case. Standing is about filtering out frivolous lawsuits. One has "standing" to file a lawsuit when there is reason to believe these three questions could be answered in the affirmative, if a trial were to take place: Was the plaintiff harmed? Did the defendant cause that harm? Can the court rectify that harm?
It's not about what the answers to those questions are. Those are questions about the merits of the case, to be answered at trial. It's about if it should even go to trial.
Yeah, in this case I believe I do mean the merits rather than "standing".
"Leg to stand on"
Amazon certainly has standing for how YOU access amazon, even if it was in a regular browser.
Access, yes. Display the content delivered from amazon.com, no absolutely not.
I'm trying to make sense of this and the best analogy I can find is using an example of physical products.
1. I can walk into Apple Store and buy Apple device (this is similar to me opening the browser and accessing amazon.com
2. If I'm busy, I can hire a person to go stand in line and buy the device (me asking Comet to shop on my behalf)
The core question is does Apple (Amazon in this case) can block the hired help (Comet browser) from accessing the store.
Most reasonable people would say "their store, their rules", so that goes to mean Amazon's website, Amazon's rules.
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What do you mean?
Amazon is a party to interactions with their website. That gives them standing to sue over those interactions. Whether they can sue Perplexity specifically is what was being debated in these motions.
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Your feeling turned it to be correct. Amazon lost the case in the appellate court.
But not on standing grounds.
And no, Amazon did not lose the “case”, which usually means “the whole lawsuit”. The current posture is still at the preliminary injunction stage. Amazon was granted a PI by district court (basically “perplexity, stop this now while litigation is ongoing”) and the appeals court overturned. Now the actual case can proceed at the district level.
Oh thanks for the explanation. Shows you how much I know about law!
It’s quite clearly not the same
Really, what do you find different about it?
Giving perplexity your credentials to run agentic workflows is not the same as manually controlling the site.
It’s literally not the same. I’m not really sure what else to tell you.
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