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Comment by A1kmm

14 hours ago

Maybe a better analogy: They can ban you from going through their drive through on a bicycle, but can they sue bicycle manufacturers because bike riders are going through their drive through?

In this analogy, it seems the originating court said yes, they can sue the bicycle manufacturer (in the analogy), but on appeal the answer was no, they cannot. That seems like the appeals court got it right to me.

I'm not familiar with the case, but to me it sounds like the bicycle manufacturer is encouraging people to use bikes in the drive through, maybe even providing specific tools explicitly for that purpose?

  • Even if they were, is it illegal to sell something that might violate another companies TOS?

    There is entire categories of products whose entire intent is to circumvent some other products limitation or rules.