Trespass is a legal term used to describe a wide range of offences against a property or persons. It refers to when a person or an individual or their property interfere with the property of others without their permission or pre existing terms of agreement. There exist two types of trespasses, criminal and civil trespass. Police, park rangers or sheriffs will enforce criminal trespass while in civil trespass the owner of the damaged property initiates enforcement action in a court to have any damages met for which the trespass may be held responsible. Traditionally some level of intent is required for any type of trespass. Knowledge may be inferred through a assign of ‘no trespass’ or fence in cases of land.
Regarding the dispute between eBay Inc versus Biden’s Edge Inc pertaining interference of eBay’s web by Biden’s Edge, the trespasser was absolutely different from other eBay customers. Biden was a company that aided customer’s comparison shop for the less affordable cost on auctions on the web. Biden had sought eBay’s permission to use their web but they didn’t come into an agreement. Unlike the other eBay customers Biden’s Edge employed automated mechanisms to search for a variety of sites for items for customer’s consumption. These automatic servers could cause damage to eBay’s web.
Such automated searches, according to eBay’s could bring a great injury in the eBay’s web servers, slowing it down, thus resulting to unavailability of data.
Traditional trespass refer to when an individual or their property interfere with other person property causing damage or injury. Biden’s accessibility to eBay’s web servers is treated as trespass to property. Biden caused damage to eBay web though it was minimal injury. In California interference with computer services means the same as trespass to personal property since a websites server is treated as a personal property.Interferance to such computer services either by individual or any other business is treated as a trespass and warrants the trespasser to face charges of trespass.
Sister, as you seek to create your web make sure you acquire legal permission from all the web servers you would like to associate with in order to circumvent trespass to other person’s property. By doing so your website would be legal to link with others.
References
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Felson, M. (1998). Crime and Everyday Life, Second Edition. Thousand Oaks, CA: Pine Forge Press
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