Old man on the street
Old man on the street
Writing a letter
Boy writing a letter
Girls on their mobiles
Girls on their mobiles
Photographing an event
Photographing an event
Girl with laptop
Girl with laptop
Man on phone
Man on phone
Clothing on a rail
Clothing on a rail
Shopping at a market
Shopping at a market
Girl on phone
Girl on phone
Market Seller
Market Seller
People at a station
People at a station
Busy street
Busy street
Earth from space
Earth from space
Man on Laptop
Man on laptop
Man on mobile
Man on mobile
Man on laptop
Man on laptop
Construction workers
Construction workers
Girls on mobiles
Girls on mobiles
Kids on mobiles
Kids on mobiles
Girls on mobiles
Girls on mobiles
Man in a hat
Man in a hat
British postbox
British postbox
Cartwheel on a beach
Cartwheel on a beach
Woman on a phone
Woman on a phone
Monopoly board
Monopoly board
Woman
Woman
People in office
People in office
Video recording
Video recording
Men talking
Men talking
Woman
Woman
On a tablet
On a tablet
People
People
Woman on bench
Woman on bench
Man waiting for train
Man waiting for train
Something
Something
Woman
Woman
Busy street
Busy street
JMS Connect
JMS Connect
JMS Innov8
JMS Innov8
JMS Inspire
JMS Inspire
JMS Shout
JMS Shout
JMS SEO Thermostat
JMS SEO Thermostat

Trespass Law Briefing

Trespass law relates to an action for trespass to chattels that is available to seek damages from anyone who had intentionally or forcibly injured personal property. It is more synonymous with physical trespass of property, but has been applied to the online world.

The injury could include carrying off the plaintiff's property or harming it, destroying it, or keeping the plaintiff from holding or using it as s/he had a right to do. Some spamming techniques use software robots in order to create links from third party forums, guestbooks, blogs and Web statistics pages. This may be illegal.

In 2000, eBay won a preliminary injunction when a judge applied trespass law to stop robots from Bidder's Edge accessing its site. Many of the arguments used in defence of Bidder's Edge centred on the idea that access to free and public information is available to everyone on the Internet. These arguments certainly could not be used to defend the creation of spam links. They failed even for Bidder's Edge. The injunction was granted, with the judge stating "eBay's servers are private property, conditional access to which eBay grants the public".

The trespass laws are very similar to those offline, but they do need to be proven on the open, online environment. Some spamming techniques use software robots in order to create links from third party forums, guestbooks, blogs and Web stats pages could be seen a trespass and therefore illegal, as the eBay case shows.

 


Glossary: Advertising, Affiliate Fraud, Affiliate Network, Ambush Marketing, Astroturfing, Bait & Switch, Blogs, Brand Essence, Brand Personality, Branding, Comparative Advertising, Corporate Identity, Corporate Reputation, Dark Marketing, Guestbook, Link Baiting, Loyalty Marketing, Marketing, Masking, Pharming, Phishing, Reputation Management, Spam, Trojan Virus, Website Analytics

Internet of Manufacturing
  Tue 6th Mar/2018
    3:00 pm - 11:30 pm