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July 28, 2011
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When is “Linking” an Illegal Trespass?
Question One
As noted by the legal arbitrator Ronald Whyte, Bidder’s Edge contravened eBay’s intellectual property as reflected by the institution’s servers. Normally, consumers are capable of acquiring a right of entry to eBay’s products online as it is open for public access. Information of course divulged to the public is constrained only to what the company deems important to the consumers with the rest of the streams categorized as private and therefore inaccessible to public consumers (World Intellectual Property Organization, 2002). EBay’s programs were included to aid with its direct promotional exercises towards the enhancement of its public sale programs and therefore the constraint to the consumers is noted in that only eBay’s products are accessed within their site.
The inclusion of Bidder’s Edge therefore disregards this limitation because it enables consumers from other bidding sites into eBay’s space and therefore supporting the contrast element across all linked locations. Without the inclusion of Bidder’s Edge service, a consumer on eBay’s space is only restricted to the company’s products and thereby enhancing the sales factors since further searches would require additional site navigation that is time-intensive. This acts as a disincentive towards further searches and therefore accentuating purchases on eBay’s products. However, the inclusion of Bidder’s Edge discredits independent additional navigation and thus easing the comparison element for the consumers, thereby lessening the sales capability (World Intellectual Property Organization, 2002). This is a concern for eBay as Bidder’s Edge enhances the rivalry aspect to the organization leading to issues as price wars ordinarily noted in oligopolistic settings. Subsequently, price wars lead to lessened sales and market shares, affecting the profitability element.
Question Two
Various conventional perspectives are given towards the term trespass. First, it is viewed as the illegal admission into another individual’s land or building. Secondly, it is viewed as the unlawful intrusion or utilization of another individual’s belongings (Statsky, 2010). Thirdly, it concerns deeds directed to another individual or his/her possessions accomplished by the application of force. Lastly, trespass concerns any form of wrong towards a given individual.
Question Three
California has transcribed its chattel edicts to computer cases. A chattel is viewed as any tangible property and therefore trespassing as prohibited by chattel edicts disallow third parties from interfering with an individual’s possessions. Employing the same view to automated services supported by computer networks, any form of interference to signals generated from one computer to another is termed as trespass (Statsky, 2010). Additionally, any form of intrusion to some given information supported within a computer system is also termed as a trespass activity. Replication of data form, a given web page to a different one without the owner’s approval is termed as trespass. In actuality, trespasses according to the preceding aspects are prone to legal litigation because of contravening property rights as noted within California’s criminal provisions.
Comparing California’s computer edicts to the conventional standpoints as concerned with trespass, a similarity is noted in all elements. This is primarily noted by mutual consents in both approaches that attribute trespass into an illegal form of access or intervention into another’s property (Statsky, 2010). The only dissimilarity is noted in that the conventional edicts are directed to material belongings like land and buildings while the latter is concerned with an intangible element as evidenced by automated procedures, documentations and data (Statsky, 2010).
References
Statsky, W. P. (2010). Torts: Personal Injury Litigation. Farmington Hills, MI: Cengage Learning.
World Intellectual Property Organization. (2002). Intellectual property on the Internet: a survey
of issues. Geneva, Switzerland: World Intellectual Property Organization.
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