Crime and Intentional Tort

Image source: http://slideplayer.com/3991754/13/images/19/ANSWER+Battery+%28b%29+A+person+charged+with+committing+a+tort..jpg

Bidders Edge performed automatic search and comparison of goods on the different internet auctions, one of which was eBay. The amount of such requests was approximately 80,000 100,000 clicks per day and this is approximately one percent from the total amount of eBays daily visitors. The difference between the activities of the Bidders Edge and those of normal customers of eBay is that the Bidders Edge performed the same actions but in automatic mode. By performing these activities the Bidders Edge created additional loading on the eBays servers and thus reduced their performance. At the same time other potential visitors could not get access to the eBays servers because they were overladen. Moreover, it is evidently that the Bidders Edge snatched away eBays potential clients when there was found cheaper auction rather than eBay and of course eBay did not like it. Most of normal customers of internet auctions probably do not search for many proposals because it takes time and often gives no results or the price difference is not very significant.

In the introduced text a traditional trespass to personal property can be interpreted as the intentional and unauthorized interference with the computer system of the plaintiff, which approximately resulted damage to the complainant. I would like to emphasize that this definition has such a nuance: the damage of the interference bears relative nature it is not obvious and is very difficult to be proved.

California definition of trespass to computer system implies intentional and conscious access to computer (computer system, network, data or even program) without authorization (or exceeding one) which harms the owner of this computer in some way (for example data loses, obtaining of financial or personal information, usage of this computer or anything else that can harm the owner in any way). I consider this definition to be identical to the same definition from the text. It is more verbose than the definition introduced in the text but both definitions have identical sense. The violation of the California law about computer trespass can impose a large fine on the infringer or even can bring him or her to the jail for three years.

So after reading this article I can draw out the following conclusion: in order to run personal website in the internet and not be involved to a legal case with somebody it is important and essential to check out if your website and your activities do not violate the conditions of use and the rights of other websites and internet users which you can interfere with in one or another way. It is also necessary to make pourparlers with the officials of the websites which you would like to interfere with and of course it would not be superfluous to consult with the competent lawyer, which can also review your activities from the law retrospective and make necessary recommendations to you.