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Word Count: 463
eBay sought to prevent Bidders Edge from crawling its site claiming that Bidders Edge was going onto its site 100000 times a day thereby placing a burden on its systems Rather than claim intellectual property infringement eBay alleged that by searching items listed for sale Bidders Edge was trespassing on its site Bidders Edge was not trespassing in the sense of causing damage just by their undesired presence they were actually doing damage by accessing eBay so much that they accounted for a significant percentage of eBays bandwidth It had nothing to do with linking and everything to do with what amounted to a small-scale Denial of Service bandwidth plus computing resources attack The court found that Bidders Edge had interfered with and damaged eBays site - and therefore its place of business CNet 2000 Bidders Edge was forced to cease gaining information about eBays site in that manner but it was free to pursue another other approaches not directly prohibited in the trial In other words the government has supported the view that databases are a kind of real estate and scanning without contractual permission is trespassing The Department of Justice investigated allegations that eBay was blocking access to its site by several auction-monitoring bots BotSpot 2004 But then a federal court turned around and decided eBay had a right to do so ruling that Bidders Edge had to stop scanning eBay to compare prices with other auction sites Our text states that traditional trespass to personal property occurs whenever one person injures another persons personal property or interferes with that persons enjoyment of his or her personal property Cheeseman 2000 pg 96 Honestly I do not think that Bidders Edge was injuring property or making it so that eBays web site worked any differently than before since they admitted that Bidders Edge was only using 1 of eBays bandwidth However Bidders Edge had tried to set up a link and was denied
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