This essay entails answers to a set of questions which are aimed at making it clear on how a social website should be developed without risking getting engaged in detailed lawsuits.
What did Bidder's Edge do that was different than eBay's normal customers?
Bidder’s Edge engaged proxy servers to ensure that the automated search did not come to an end. The proxy servers were not linked directly to Bidder’s Edge.
Why does it matter to eBay?
This action by Bidder’s Edge was of great concern to eBay because it negatively affected the private eBay users and in a way caused harm in form of reduced performance, system unavailability or even data loss. The activities of Bidder’s Edge were also of concern to eBay because they posed a great threat should a number of companies engage in the automated access process which could lead to irreparable harm.
Definition of traditional trespass to personal property
The traditional definition of trespass is the access of personal properties with the due licensing by the owner of such property or privileged to do so. Under the California law in the context of a computer system it is considered as a trespass when one the defendant is in a position to show that his or her possessory rights in the computer system were interfered with. It also needs to be shown that the defendant’s access was unauthorized and that this access resulted in the some form of damage to the plaintiff. Proving of that will show that the incident is a personal trespass to computer system.
It should be noted that the California definition is slightly detailed than the traditional definition. Under the California definition it has to be shown that there is some kind of harm caused to the plaintiff unlike in the traditional where it is just limited to accessing property without the permission of the owner.