'" (19 Berkeley Tech. L.J. 495).
The note agrees with the court and concludes that the type of contract that Ticketmaster sought to enforce (a browsewrap license) is a typical example of a mass market form of Internet contract that simply strays too far from the legal definition and requirements of contract to be enforceable.
It neither provides a legitimate offer, nor does it require clear acceptance. Ticketmaster's argument was simply that by logging onto its site, or spidering it, Tickets.com had entered a contract. The court disagreed, and the note blames Ticketmaster's loss on faulty Web contracts such as browsewrap licensing.
The note concludes, "In determining the validity of an online contract, courts should distinguish between commercial, publicly available websites and those that have restricted access. Courts should only allow website providers to form contracts with their web users when they restrict access to their sites. Only when information providers and users engage in a meaningful exchange by rendering a clear offer and acceptance, should it warrant contract formation."
INTEL CORPORATION, Plaintiff and Respondent, v. KOUROSH KENNETH HAMIDI, Defendant and Appellant.
30 Cal. 4th 1342
SUPREME COURT of CALIFORNIA
Issue: Is there trespass to chattels by using an e-mail system at a company?
Rule: The company did not provide sufficient proof of injury to merit the necessary personal injury to justify trespass to chattels.
Analysis: Trepsass to chattels requires some...
Simple invasion does not suffice, and most of the cyberlaw cases regarding trespass to chattels will fall in this category.
Conclusion: As in the Ticketmaster case, it is not enough for the invaded or spidered party to show invasion to prove trespass to chattels. Physical harm, such as significant slowing of the computer system or harm to the computer system, must be shown.
ASSESSMENT TECHNOLOGIES of WI, LLC, Plaintiff-Appellee, v. WIREDATA, INC., Defendant-Appellant.
350 F.3d 640
UNITED STATES COURT of APPEALS for the SEVENTH CIRCUIT
JUDGES: Before POSNER, DIANE P. WOOD, and EVANS, Circuit Judges.
OPINIONBY: POSNER
Issue: Should (or are) databases be protected by intellectual property or other legislation?
Rule: Databases cannot be protected by legislation, and the appropriate defense for the creator is licenses.
Analysis: Databases, such as Ticketmaster's, are not protected by legislation so a similar suit failed under intellectual property grounds.
Conclusion: The best chance for success in a spider case is contracts law; or trespass to chattels if indeed one can show injury.
Pollstar, Plaintiff, vs. Gigmania Ltd., Defendant.
170 F. Supp. 2d 974
UNITED STATES DISTRICT COURT for the EASTERN DISTRICT of CALIFORNIA
JUDGES: ROBERT E. COYLE, UNITED STATES DISTRICT JUDGE.
OPINIONBY: ROBERT E. COYLE
Issue
