Dear sister: EBay case

Essay by yasser.aliyanUniversity, Bachelor'sA+, September 2006

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Dear Tina,

I see you are still my crazy sister. I love you anyway. However, from reading your proposal, I see that you once again are about to take a leap into unknown territory! This can surely land you in litigation. That's why I sent you the article about what happened between eBay and Bidder's Edge. I basically like your idea for the home-based business of 'playing cupid' for lonely people, but now that you've read the article I'm sure you have second thoughts. Your questions are good ones though. Maybe after I try to answer your questions, you will have a clearer idea of what and how you might carry out you ideas.

1- Bidder's Edge was basically 'trespassing' on eBay's territory (server). Bidder's Edge was using an automated process to search various auction sites (including eBay's) to find items to post for customer's use. This is much like what you are planning with your 'linking' several dating sites for your lonely clients! Now this linking or trespassing became known to eBay, and they refused to allow Bidder's Edge to continue using their site for their own benefit.

eBay cited that the activity from Bidder's Edge would reduce eBay's system performance and cause system unavailability and/or data loss. The courts ruled in eBay's favor citing their website as private property.

The eBay case against Bidder's Edge shows how difficult it may be for an Internet business to preserve the value of its franchise when part of its business model involves displaying sensitive information on a public, insecure network. It also shows the limitations of click wrap agreements as a form of defense against unauthorized access and use of that information

2- Tina the definition of traditional trespass to personal property is as follows:...