One thing you have to understand is EBay is a company in business to make money. They offer a product that is one of the best in the industry. When Bidders Edge linked EBay’s site to other online auctions they attempted to level the playing field unfairly by letting all of EBay’s competition see what type of pricing is out there. By doing this they gave EBay’s competition an unfair competitive edge to match prices. They also exposed the user names and information of some of EBay’s customers.
If EBay made certain changes to their website or the way they do things other auctions on Bidders Edge website could have made those changes as well. This is not like the competition between two grocery stores. If one store matches the prices of another it will not result in situations like computer servers being overloaded or one store putting the other out of business. If Bidders Edge was allowed to cling on to EBay’s website this would have opened doors for many others to do the same and it possibly could have driven EBay out of business or caused them serious profit losses.
EBay was within their rights to protect themselves. It would be in your best interest to create your dating site to be unique to your individual clientele. The last thing you want to do is link singles from other sites like eharmony. com to yours. I’m sure if you did this you would be on the wrong end of a similar law suit. Show your individualism and do your own things don’t rely so much on what your competition is doing. Make yourself stand out.
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When you look at traditional trespass it is an unlawful act causing injury to a person, property, or rights of another. This could be committed with force or violence, actual or applied. This appears to just cover items like furniture or jewelry, or even stock and bonds. This was tricky for the ruling in the State of California because it had to do with communication over the internet. Can you really cause injury over communication via electronic means? This is what EBay had to prove.
This is what was different in the state of California from the original definition of traditional trespass. Since Bidders Edge was communicating with EBay’s servers without EBay’s permission they could have caused injury to EBay by impacting their day to day operation. If Bidders Edge won this case other companies would have been able to pick EBay apart. I trust you will use this information wisely when getting your dating site up and running. Good luck in your future endeavors and feel free to email me if you have additional questions.
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