Anyone here familiar with the concept of "
TressPass to Chattels"?
Spiders that are consuming the resources of another's system(s) might apply here.
http://www.chillingeffects.org/linking/faq.cgi#QID460Question: What are the "trespass to chattels" claims some companies or website owners have brought?
Answer: Some Internet companies have claimed that unauthorized use of their servers, such as unsolicited email or robot-generated hits to websites, are a "trespass" to those servers by depriving the owners of the full use of their machines. eBay won an injunction stopping Bidder's Edge from automatically spidering the eBay site to generate auction comparison listings, because the robotic crawler used eBay system resources. The caselaw is far from settled in this area, and some commentators argue that technical means to block the use are more appropriate than legal action.
---
Example:
eBay, Inc. v. Bidder's Edge, Inc.
Wiki:
http://en.wikipedia.org/wiki/EBay_v._Bidder%27s_EdgeeBay v. Bidder's Edge, 100 F.Supp.2d 1058 (N.D. Cal. 2000), was a leading case applying the trespass to chattels doctrine to online activities. In 2000, eBay, an online auction company, successfully used the 'trespass to chattels' theory to obtain a preliminary injunction preventing Bidder’s Edge, an auction data aggregator, from using a 'crawler' to gather data from eBay’s website.[1] The opinion was a leading case applying 'trespass to chattels' to online activities, although its analysis has been criticized in more recent jurisprudence.
http://pub.bna.com/lw/21200.htmIN THE UNITED STATES DISTRICT COURT, FOR THE NORTHERN DISTRICT OF CALIFORNIA, NO. C-99-21200 RMW, ORDER GRANTING PRELIMINARY
INJUNCTION [Docket Nos. 6, 12]
S.G
Show Posts