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Small business owners say Amazon is selling their products without permission
(www.newschannel5.com)
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And that’s basically it!
Could he not put terms of use on his website prohibiting the use by AI agents, and sue Amazon if they don't comply?
Weird clauses in terms of use are frequently just toilet paper when it actually comes down to enforcing them in court. You can "sue" but you might just win $1 because the judge would find that you have not suffered any monetary damages. You got paid for the item, after all, and "building a relationship with your customers" has no quantifiable and measurable value which can be proven in court, so judges default to one dollar.
There is also the aspect of whether an AI agent has the legal capacity to contract on behalf of Amazon or the buyer, and on whose behalf they contract if they do. I'm not aware of any American cases which have held that AI agents are "agents" (an entity with the legal power to act on behalf of another) within the meaning given to that word under the law of agency. The Civil Resolution Tribunal in British Columbia, Canada, ruled in Moffat v. Air Canada that AI chatbots can bind the organisation who uses them and makes them available to customers. This opinion is not binding precedent, but I think courts worldwide should use it as a template for AI agency powers. If the AI has no power to contract, then the sale is void in its entirety.
I believe Amazon would argue three points:
Isn't this just like Doordash though? I'm not sure how these were resolved though.
https://en.wikipedia.org/wiki/DoorDash#Litigation_for_illegal_unauthorized_restaurant_listing
That's a different thing. In that case, Doordash actually blocked people from ordering from the restaurant in question and redirected them elsewhere. Had the restaurant been listed without its permission and all it did was cause a Doordash employee to appear at the restaurant, place an order on the users behalf, then go deliver it, it would be a similar case to this one.
I doubt many restaurants would have a problem with Doordash listing them without their permission if all that happened when someone placed an order, is that they get a call from Doordash (automated or not) to place a to-go order, and then someone picks it up later and pays for it.
Restaurants absolutely did and do have a problem with that, and I question the authority with which you state that there are no appreciable monetary damages from amazon denying a small business additional sales opportunities.
https://www.cpr.org/2021/05/19/restaurants-are-fed-up-with-grubhub-doordash-and-others-now-theyve-got-legislators-on-their-side/
If you think you can find a way to quantify damages in a legally sufficient way then go ahead.