Moonchild wrote: ↑2025-02-06, 21:27
You are absolutely correct in all of that. No, this isn't the first time, or the second, or the third. If I recall correctly this is now the fifth time and the blocking of legitimate users has lasted up to 2 weeks. We're now a week into this occurrence and it doesn't look like this is any quicker this time around. Each time it also seems to be impacting more legitimate browsers that aren't Blink-based.
Yes they are absolutely breaking their promises. No, there isn't much
we can do about it (short of expensive and lengthy litigation which would have to prove several difficult factors like actual harm and either gross negligence or malicious intent which is very difficult when the party affected isn't actually a client - in addition to the hurdle of international litigation). Since it affects people's Internet access this also treads into general accessibility areas beyond the mere commercial edge of it,
but ultimately
webmasters are in control of their own use of CloudFlare and they will have to vote with their wallet for this to change, I think.
Wallet voting is indeed often the only practical method.
The
good neat thing about litigation being expensive and lengthy is that it turns liability risk into an opportunity cost analysis. If it's feasible for a suit to get passed the initial dismissal attempt, it can be cheaper to fix the alleged issue and modify SOPs, even if the plaintiff is unlikely to win. A false advertising claim is interesting as well, since the plaintiff does not need to show that they suffered actual injury from the defendant’s allegedly false advertising. Of course, such a claim would need to be made by current or potential customers, rather than end users like me.
There are likely similar suits that their documentation and actions have increased their liability risk for, some of which could have browsers like you or end users like me as plaintiffs. And the possibility of any of those particular suits upgrading to class action is not negligible, which increases their risk factor further. If even one such class action suit gets passed the gate, it'd be a no-brainer for those eligible to jump on board and increase the weight.
In any case, litigation is undesirable for everyone. But from a professional and legal standpoint, they should really get their shit in order. They're taking unnecessary risks for minor or negligible benefits. I'd like to believe they're not appropriately aware of that.