The article that I sent you about Bidders Edge deserves thorough analysis and consideration before you start to embark on your business. Linking a website to another is not as easy as it sounds.
It is in reality a very complicated matter because you have to make sure that you are not stepping on the rights of others. In the article Bidders Edge was different from the regular customers of eBay because they use the site of the latter for their business. Thus, they were not mere customers who purchase items from the eBay site instead their intention in using eBay is to gain profit for themselves. This is in violation of the rights of eBay because they already made it known that they do not want Bidders Edge to use their site for their business.
The continued use of Bidders Edge despite the disapproval of eBay is considered as trespassing to the personal property of the latter. Traditional Trespass to property means that an offender unlawfully enters into the real space of the property owner without the consent of the latter, there is here the physical act of entering the premises of another. (The Future of Trespass and Property in Cyberspace.Retrieved from website http://groups.
csail.mit.edu/mac/classes/6.805/student-papers/fall98-papers/trespass/final.
html). The definition of trespass to personal property may have some differences under the California laws on trespass to computer services but in essence what the law wants to prevent is the unauthorized use of the property rights of others which are protected under the law (California Intellectual Property and Computer Law.Retrieved from website http://www.weblocator.
com/attorney/ca/law/b29.html). Thus before you start thinking of linking sites for your business you have to ask for permission from your prospects. If they refuse to grant you access to their site or if your meeting with them does not turn out to be successful do not insist on what you want.
This could only lead to legal battles that could drag on for years and that would be a very expensive battle to fight.- Reference:The Future of Trespass and Property in Cyberspace. 1998. Retrieved on May 7, 2009 from website http://groups.
csail.mit.edu/mac/classes/6.805/student-papers/fall98-papers/trespass/final.
html.California Intellectual Property and Computer Law. Retrieved on May 7, 2009 from website http://www.weblocator.com/attorney/ca/law/b29.html.
