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Essay by   •  February 27, 2012  •  Research Paper  •  561 Words (3 Pages)  •  1,427 Views

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Dear friend,

You had inquired some more details or specifics on an article that I had sent you in reply to your email that said you were going to start your own internet dating site. I had sent you this article to enlighten you a little about the laws of the internet considering on a dating site there is linking to other websites usually involved and I did not want you to get into any trouble. Therefore I will answer the following question you had directed my way to clarify it a little more for you.

To begin though I would like to get you to understand Ebay and Bidder's Edge a little more in order for this to happen let's start with some background. Ebay was founded in 1995, and is a marketplace that connects sellers' buyers and even small business together. (Ebayinc. 2012) They are considered one of the biggest online auction sites in the world. This brings us to the Bidder's Edge. They were founded in 1997 with just 22 employees and they were not an auction website, but rather a website that allowed the user to use their website while the employees searched all the other auction websites. (Bell, n.d.)

On the first question that you asked is how what Bidder's Edge different than Ebay's normal customers? Simply saying that Bidder's had use of what we can call an automated search for the items that where on auction on Ebay's website. Also after the fact that Ebay had already prohibited Bidder's Edge to have access to their servers they went ahead and used proxy servers to get around Ebay trying to block them from gaining access. ("Trampling through the Websites", 2000). Now why this mattered to Ebay is for the reason if you read a little more into the article you see that it was slowing their servers down and causing harm to the extent that they might lose critical information. ("Trampling through the Websites", 2000)

One of your other questions is what does traditional trespass to personal property mean? Trespass is a civil wrong (tort) involving originally the use of force. Its best known form, trespass to land, is the foundation of the law of property since the right to bring an action against a trespasser and his defense could be made to settle an issue of ownership. (Trespass, 2001)

This bring us to your last question that you had asked if the California definition of trespass to computer services differs to the definition above and yes it does. If you look at the article it tells you that in order to proceed with the case of trespass you have to show that the defendant did unlawfully cause "interfere with the plaintiff's possessory interest" and "the defendant's unauthorized use" resulted in damage to the plaintiff. ("Trampling through the Websites", 2000)

I hope this helps you in your internet website and answers all your

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