Elements of Crime and Intentional Tort - Essay Example

This, in the future, could have led to drastic economic losses to eBay, both by loss of license fees and by overburdening of its system capacity leading to reduced system performance, system unavailability, or data loss. I found the answer to your second question on page 78 of Henry Cheeseman's book where he defines trespass to personal property as "a tort that occurs whenever one person injures another person's personal property or interferes with that person's enjoyment of his or her personal property.

"I will now answer your third question. Personally, I find that the definition of trespass to personal property given in Cheeseman's book encompasses the concept of trespass to personal property in the case of Bidder's Edge Vs. eBay and does not differ from applied California law. It is only that the court expressed on page 12 of the judgment: "The analytic difficulty is that a wrongdoer can commit an ongoing trespass of a computer system that is more akin to the traditional notion of trespass to real property, than the traditional notion of trespass to chattels because even though it is ongoing, it will probably never amount to a conversion.

"However, the court ultimately found on page 19 of the order: "it is undisputed that eBay's server and its capacity are personal property, and that BE's searches use a portion of this property. Even if, as BE argues, its searches use only a small amount of eBay's computer system capacity, BE has nonetheless deprived eBay of the ability to use that portion of its personal property for its own purposes. The law recognizes no such right to use another's personal property. Accordingly, BE's actions appear to have caused injury to eBay and appear likely to continue to cause injury to eBay.

"It is principally on this ground that the court granted an injunction to eBay and this conforms entirely to the second part of Cheeseman's definition "or interferes with that person's enjoyment of his or her personal property."I hope that you find my letter helpful and would use robots only on sites from which you have obtained proper licenses and limit yourself within their scope.