Negligence

             Bidder's Edge was a content aggregator that repeatedly copied Ebay's database (through the use of bots or intelligent agent software) and aggregated Ebay content with data from competing sites to allow its users to simultaneously search multiple auction sites simultaneously. Bidder's Edge essentially repackaged third-party content and sold its own advertisements over other people's material, which Ebay didn't appreciate unlicensed third parties reselling their material. Bidder's Edge's practices also harmed Ebay's reputation. The information copied by Bidder's Edge was as much as 5 minutes out of date. So a potential purchaser of goods listed on the site might be submitting a losing bid due to the staleness of the information.
             Traditional trespass to personal property is, "a tort that occurs whenever one person injures another person's personal property or interferes with that person's enjoyment of his or her personal property". (Cheeseman, pg. 96)
             California's trespass to computer services is, "the injured party must show the defendant intentionally and without authorization interfered with the plaintiff's possessory interest in the computer systems, and that the defendant's unauthorized use approximately resulted in damage to the plaintiff".
             In some way trespass to personal property and trespass to computer services are similar. They both deal with any person's property. The service that Ebay provided belonged to them and Bidder's Edge interfered by using their advertisement without permission.
             Cheeseman, Henry R. "Intentional Torts, Negligence, and Strict Liability." Contemporary Business & E-Commerce Law. 4th Edition (2003) Pearson Education, Inc. Upper Saddle River, New Jersey.
             "Ebay wins round in court." CNN Money. April 18, 2000 (2004) Cable News Network. Retriev
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Negligence. (1969, December 31). In MegaEssays.com. Retrieved 07:51, May 20, 2024, from https://www.megaessays.com/viewpaper/22381.html