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California State Law Essay

What Bidders Edge did may be considered as an innovation in the emerging electronic commerce industry. Linking as what was specified in the article made thinks easier for bigger websites such as e-bay to be viewed in by a lot people. Summing up the intention of Bidders Edge, we could conclude that what the company did is to provide the buyer’s the best price possible for anything that they want to buy. In the process, Bidder’s Edge would obtain choices from various auction sites which consequently included e-bay. I believe that this one mattered to e-bay not entirely on the sense that Bidders Edge would trespass per se on e-bay servers but the latter would serve as a threat for e-bay in the future.

Simply put, traditional trespass involves the manipulation, distribution, or access of private data or property without the approval of its owner. In this particular case, e-bay is a public domain with open access to everyone who has internet access. On the other hand, personal property means that anything that is movable as distinguished from real estate. In the case of e-bay and Bidders Edge, the latter did request fro legal access but was denied by the former. One thing where Bidders Edge made a wrong move was when they created proxy users in order to access e-bay servers thereby giving in legal grounds for e-bay to file a lawsuit under the provisions of California state laws on intellectual property infringements against Bidders Edge.

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Under California state laws, “Various things can be copyrighted: literature, drama, music, sound recordings, computer software, advertising copy, motion pictures, choreography, pantomimes, and architectural works”(Witkin, Witkin Legal Institute., & West Group., 2005). This gives e-bay the basis to file suit against anyone who intends unauthorized use of their servers. This is in contrast with the usual textbook definition that trespass to personal property may be altered if the medium may be proven as a public domain.

Reference:

Witkin, B. E., Witkin Legal Institute., & West Group. (2005). Summary of California law (10th ed.). San Francisco, CA: Witkin Legal Institute.

 

 

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