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Ebay V. Bidders Edge

In: Business and Management

Submitted By hurley5
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Unit 2 Individual Project
William Hurley
Legal and Ethical Environments of Business
INTRODUCTION
Today’s topic is on is on the subject of linking and when is it trespassing. Linking is a common practice where one web page or site links up with another web page or site. I sent an email about eBay Inc v. Bidders Edge Inc to a friend. She wants to design an internet dating site and doesn’t want to be involved in any illegal complications. After reading my email she responded with some questions about how she could accomplish that. She wants to know what Bidders Edge does that is different than eBay’s normal customers. Why does it matter to eBay? What is the definition of traditional trespass to personal property? Does the definition of trespass to personal property in your text differ from the California definition of trespass to computer services? How? I will do my best to respond to all of her questions.
EBAY V. BIDDERS EDGE Bidder’s Edge is an auction aggregation site designed to offer on-line auction buyers the ability to search for items across numerous on-line auctions without having to search each host site individually. ( www.tomwbell.com) EBay is a person to person trading site. On eBay people put items up for auction and other people bid on these items. Basically, Bidders edge would crawl onto different auction sites and obtain information on items for their customers to bid on. Bidder’s edge customers would not have to search a bunch of different sites to get the same information. EBay was by far the largest web site they crawled on to. At a time they had limited permission from eBay to do this. Eventually the two couldn’t come up with an agreement and Bidders edge was asked to stop. They didn’t and it ended up in court. Bidder’s edge said it was not causing any harm. It mattered to eBay because they said it was damaging and slowing down their servers, reputation harm, misleading the information that it obtained. EBay also considered it trespassing after the told Bidders edge to stop.

TRESPASS LAW AND CALIFORNIA LAW According dictionary.com trespass in the noun tense is an unlawful act causing injury to the person, property, or rights of another, committed with force or violence, actual or implied, a wrongful entry upon the lands of another, the action to recover damages for such an injury, an encroachment or intrusion, an offense, sin, or wrong.( dictionary.reference.com). In the verb tense it is described as to commit a trespass, to encroach on a person's privacy, time, etc.; infringe (usually followed by on or upon ) and to commit a transgression or offense; transgress; offend; sin(dictionary.reference.com). I think the part where it talks about encroaching on a person’s privacy; time is something eBay was talking about. You also have a something under tort law that states that it is intention against property which can include trespassing to land or personal property. (Hartman, Desjardins (ed. 2) I also think this is what eBay was talking about. California has a penal code 502 that talks about computer and network trespassing. It talks about virus and helping people load viruses. Obtaining, changing and deleting information. Also, using or helping people accessing networks without permission. Another word that was thrown around was chattel. Chattel is defined as a movable article of personal property, any article of tangible property other than land, buildings, and other things annexed to land, a slave. ( dictionary.reference.com)
DOES TRESPASS LAW AND CALIFORNIA LAW DIFFER In my opinion only it only differs in words. The premise is the same. The California computer trespass law considers computers private property, something that can be infringed upon. The traditional trespass law also mentions infringing on property. Violating both laws can be punishable by prison time or fines. My advice to my friend is run her own sight or don’t open in up to California users.

REFERENCESS
Hartman, Desjardins (ed. 2)
Business ethics: Decision-making for personal integrity and social responsibility http://www.tomwbell.com/NetLaw/Ch06/eBay.html dictionary.reference.com Based on the random house dictionary
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