When is “Linking” an Illegal Trespass
Professor Deborah Keene
American InterContinental University
January 16, 2011
This paper will cover questions from a friend related to ‘linking”. Answering a friends questions to related article.
In Unit Two’s Individual Project, students are asked to read a Lead Story by Dateline, May 2000 in regards to eBay Incorporated verses Bidder’s Edge Incorporated. In the story Bidder’s Edge illegally trespassed onto eBay’s website trying to link to potential customers. After reading the article individuals were then asked to prepare an e-mail for a friend to answer her questions regarding starting her own dating website after she read the article you sent. Below are the questions and answers:
Sarah, I am glad that you found the information that I e-mailed you helpful. I understand your concern in regards to starting up your Internet dating website. Let’s see if I can be of service to your follow-up questions. 1. What did Bidder’s Edge do that was different than eBay’s normal customers? Why does it matter to eBay?
Answer: Well, Bidder’s Edge tried to be sneaky and go through the back door of eBay to do automated searches to reach potential customers. This made Bidder’s Edge guilty of trespassing. It mattered to eBay because this could cause instability in running their computer system. Also, the court noted eBay’s user agreement that prohibited automated access by Bidder’s Edge. The allowed the court to rule in eBay’s favor. 2. Look in your text. What is the definition of traditional trespass to personal property?
Answer: This is when a personal enters or remains unlawfully in or upon a premises when he/she is not licensed, invited or privileged to do so. This can also be a website that is owned by an individual or company. It is considered to be their personal property. 3. Does the definition of trespass to personal property in your text differ from the California definition of trespass to computer services? How?
Answer: No. It is considered the same as trespassing on private property.
I hope this has answered you questions Sarah and good luck with your new business. If there is anything that I can do, please let me know.