1) What did Bidder’s Edge do that was different than eBay’s normal customers? Why does it matter to eBay?
E-bay is a web-site devoted to e-commerce. Normally eBay’s customers can buy anything that is being sold on eBay auction. Of course, they can perform search, which provided on eBay web-site. Bidder’s Edge performed automated search process on eBay and other e-commercial web-sites. Thus Bidder’s Edge made additional loads on eBay’s servers and “reduced system performance, system unavailability, or data loss”. In other words, Bidder’s Edge knowingly and purposely decreased the productivity of plaintiff’s server. Bidder’s Edge insisted upon the public accessibility of eBay’s servers, but these arguments were rejected because it was specified in eBay’s license agreement as prohibited actions.
2) What is the definition of traditional trespass to personal property?

“Within the law, property is defined as the right to use, enjoy or possess a determinant thing and the right to exclude others from doing the same ” – in accordance to this quotation, traditional trespass to personal property is knowingly, purposely or recklessly actions, which violate or prevent the above rights of the person.
3) Does the definition of trespass to personal property in your text differ from the California definition of trespass to computer services? How?
“No person shall purposely, knowingly or recklessly gain access to or cause access to be gained to any computer, computer system, computer network, computer program, computer data base, or computer material without the express or implied authorization of the owner or an agent of the owner empowered to authorize access to the computer, computer system, computer network, computer program, computer data base, or computer material. Any person who violates this section is guilty of the crime of computer trespass ” – this is the California definition of trespass to computer services. According to the Federal Law, a trespass to computer services can result in fines and up to three years of imprisonment. So these two definitions do differ in expression, but the sense does not change. Because computer is a personal property and thus actions intended to slow its performance can be assumed as actions, which violate the right of its owner to use this computer or more precisely to use this computer properly and at full power.
Finally, in order to design an own commercial web-site that is legal and won’t involve its owner into a complicated lawsuit, the purpose of which is purposely and knowingly make automated searches it is better to make corresponding negotiations with the owners of targeted web-sites and study their license agreements. Of course, this issue requires the consultation with the corresponding legal experts because of its complicacy.

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