Besides all the obvious problems with this, the biggest one I see coming that I don't see many people talking about is how Amazon will inevitably use this to put others out of business if they don't cooperate with Amazon. They've already done this hardball game with sellers voer the last decade that if you don't sell on Amazon for an unsustainable low price + pay Amazon fees you'll find yourself losing business to Amazon's stolen copies of your products under the "Amazon Basics" brands. Well proven they do this, and I can see that if you find yourself scraped by this new AI program and you fight it, you're going to be getting a visit from the Amazon Mafia.
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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?
Filing a suit against Amazon… which attorney is going to take that case, and how much money would you need to pay them? 😕
Some lawyers would be very happy to go up against big tech since they have so much money that it's often cheaper for them to just buy the problem away
Exactly. A bunch of lawyers work on contingency.
It's not like every lawyer in the world is quaking in their boots at the mere thought of going up against Amazon.
That's not necessarily how it works. If Amazon is guilty, they'll settle for an easy win
Depends though. If they think they're guilty but that it'll be impractical to prove it if they delay the case in court for one to two business centuries, they'll do it
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:
- That the AI agent has power to contract, but that the "user" of the AI is the shopper, and Amazon is merely providing the agent for the shopper to use.
- That if the clause banning AI agents from buying is enforceable, it voids the transaction in its entirety, and thus the seller owes Amazon a refund.
- That even if the AI had the power to bind Amazon, that the ability to build direct customer relationships has no proven dollar value and thus damages should be limited to nominal amounts (i.e. one dollar).
Isn't this just like Doordash though? I'm not sure how these were resolved though.
In May 2021, DoorDash was criticized for unauthorized listings of restaurants who had not given permission to appear on the app.[72] The company was sued by Lona's Lil Eats in St. Louis, with the lawsuit claiming that DoorDash had listed them without permission, then prevented any orders to the restaurant from going through and redirecting customers to other restaurants instead, because Lona's was "too far away," when in reality it had not paid DoorDash a fee for listing.[73] This aspect of DoorDash's business practice is illegal in California.[73]
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.
Interesting! I can't imagine Amazon would want to argue #2, though, since it seems like that would completely undercut their ability to use AI agents in this way.
I hadn't really thought about the implications of the ability of an AI agent to contract, though. That seems like really murky (and intriguing) territory; whether they can or cant, either way would have a lot of interesting implications.
It is a conditional argument. It is vacuous if the court rules that the AI is an agent that can bind a principal. If and only if the court rules that the AI agent can't contract on behalf of a principal (for the purchase of goods or otherwise), then Amazon should get a refund.
I have been trying to break my Amzon Addiction for years. This did it. Walmart is lesser evil now.
workers pissing in bottles wasn't enough for you?
Are we talking about Amazon or Walmart?
That high horse you live on is going to buck you off onto your face one day and I will enjoy it.
Try eBay. You're much more likely to find a small business selling whatever widget you need.
Ebay is owned by paypal and do the same shenanigans. I highly recommend to avoid ebay as well. Use these places so you can go direct to the artist or product provider if you can.
Ebay is a tricky one for me. I'm an electrician that services a lot of very old equipment, and sometimes eBay is the only place I can find oddball parts for a piece of switchgear that's 100 years old.
Yeah, sometimes it can't be helped. I should have said avoid as much as possible.
eBay owned PayPal at one point, but both companies today are independent and separate from one another.
It looks like you're right, they're both public companies now. Still, both are completely evil and use the same practices.
Yeah, eBay as a seller is just terrible. They have totally capitulated towards the large volume Chinese crapola sellers and require that you pay them for permission to list on their site or else they'll bury your listing.
It makes it very difficult to buy from another human being instead of some company that's using eBay as a storefront.
And because they are using AI to, okay, not LLM AI, but machine learning AI, to tell the sellers what the prices of their products should be listed at, they are inflating the cost of every single item you can find on eBay.
They are doing this on the one hand so the sellers get more money, but on the other hand so that they get more money for their listing fees and percentage of the final sales price.
They're basically realpage, but for person-to-person sales.
Most of that stuff is just drop shipped from alibaba anyways. Etsy is lousy with it too.
On the one hand, I'd like to support independent stores, and I hate the shoehorning of AI into every part of the online experience. On the other hand, I like the reduced risk exposure of not providing my payment details or email address to yet another vendor. I hate that every online transaction seems to be interpreted as consent to receive more junk newsletters. Yes, I want to buy your product. No, I don't want to be signed up for your newsletter or have my email address sold to a third party. I buy thing, you send thing, end of transaction.
Anyone still giving money to these antihuman organizations are complicit.
There was a time when all my shopping would be on Amazon with Prime. I was spending £200+ a month on Amazon. Over a year ago I decided I didn't want to give Bezos my money anymore. It wasn't difficult at all to switch. It's not difficult to buy direct from seller's websites. Amazon has made this easier by flooding their site with nonsense brands+sellers+nonsense reviews. Ditch Amazon today. You may be surprised with how easy it is.
DONT Worry! Our Government CARES about the Little Guys and SOON they'll bring CONSEQUENCES to. . . Nevermind they DONATED Millions to Trump! SUCKS TO SUCK LOSER SMALL BUSINESS OWNERS!