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EBay v. Bidder's Edge
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EBay v. Bidder's Edge : ウィキペディア英語版
EBay v. Bidder's Edge

eBay 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.〔''eBay v. Bidder's Edge'', 100 F. Supp. 2d 1058 (N.D. Cal. 2000)〕 The opinion was a leading case applying 'trespass to chattels' to online activities, although its analysis has been criticized in more recent jurisprudence.
==Origins of dispute==
Bidder's Edge ("BE") was founded in 1997 as an "aggregator" of auction listings.〔 Its website provided a database of auction listings that BE automatically collected from various auction sites, including eBay.〔 Accordingly, BE's users could easily search auction listings from throughout the web rather than having to go to each individual auction site.〔
In early 1998, eBay allowed BE to include Beanie Babies and Furby auction listings in BE's database.〔 It is unclear whether BE scraped these listings from eBay or linked to them in some other format. However, on April 24, 1999, eBay verbally approved BE automatically "crawling" the eBay web site for a period of 90 days.〔
During this time, the parties contemplated striking a formal license agreement.〔 These negotiations did not conclude successfully because the parties could not agree on technical issues.〔 Subsequently, in early 1999, BE added auction listings from many other sites in its database, including eBay's. Despite the integration of many websites' listings, nearly 69% of the listings in BE's database were from eBay.〔
eBay wanted BE to access the eBay system only when a BE user queried the BE system.〔 Doing so would increase the accuracy/currency of the data BE presented to its users and impose a lighter load on eBay's network.〔 BE accessed eBay approximately 100,000 times a day, constituting about 1.53% of eBay's total daily requests.〔 BE wanted to periodically crawl eBay's entire website to compile its own auction database, which would increase the speed of BE's response to user queries and allow BE to notify its users when eBay auctions changed.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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