Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
This article addresses torts in United States law. As such, it covers primarily common law. Moreover, it provides general rules, as individual states all have separate civil codes. There are three general categories of torts: intentional torts, negligence, and strict liability torts.
Trespass to chattels is a tort whereby the infringing party has intentionally interfered with another person's lawful possession of a chattel. The interference can be any physical contact with the chattel in a quantifiable way, or any dispossession of the chattel. As opposed to the greater wrong of conversion, trespass to chattels is argued to be actionable per se.
In tort law, detinue is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant, and second, that the defendant refused to return the chattel once demanded by the claimant.
Trover is a form of lawsuit in common law jurisdictions for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself.
Trespass to land is a common law tort or crime that is committed when an individual or the object of an individual intentionally enters the land of another without a lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done. In some jurisdictions, this rule may also apply to entry upon public land having restricted access. A court may order payment of damages or an injunction to remedy the tort.
Web scraping, web harvesting, or web data extraction is data scraping used for extracting data from websites. Web scraping software may directly access the World Wide Web using the Hypertext Transfer Protocol or a web browser. While web scraping can be done manually by a software user, the term typically refers to automated processes implemented using a bot or web crawler. It is a form of copying in which specific data is gathered and copied from the web, typically into a central local database or spreadsheet, for later retrieval or analysis.
eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), is a case in which the Supreme Court of the United States unanimously determined that an injunction should not be automatically issued based on a finding of patent infringement, but also that an injunction should not be denied simply on the basis that the plaintiff does not practice the patented invention. Instead, a federal court must still weigh what the Court described as the four-factor test traditionally used to determine if an injunction should be issued.
Bidtopia was an e-commerce site originally launched in 2007 as a private auction site for Warehouse86 Ventures, LLC. Paul St. James, an owner of Bargainland, which had been the largest PowerSeller on eBay that same year, started the new enterprise in response to changes in eBay policies regarding high volume sales of brand name merchandise and restrictions on sellers with poor customer feedback. Bidtopia suffered the loss of one of its three distribution centers in 2008, and went offline and possibly out of business in early 2010.
The following outline is provided as an overview of and introduction to tort law in common law jurisdictions:
Intel Corp. v. Hamidi, 30 Cal. 4th 1342 (2003), is a decision of the California Supreme Court, authored by Associate Justice Kathryn Werdegar. In Hamidi the California Supreme Court held that a former Intel Corporation employee's e-mails to current Intel employees, despite requests by Intel to stop sending messages, did not constitute trespass of Intel's e-mail system.
Register.com v. Verio, 356 F.3d 393, was a decision of the United States Court of Appeals for the Second Circuit that addressed several issues relevant to Internet law, such as browse wrap licensing, trespass to servers, and enforcement of the policies of the Internet Corporation for Assigned Names and Numbers (ICANN). The decision upheld the ruling of a lower court which prevented a provider of web development services from automatically harvesting publicly available registration data from a domain name registrar's servers for advertising purposes.
In online advertising, contact scraping is the practice of obtaining access to a customer's e-mail account in order to retrieve contact information that is then used for marketing purposes.
CompuServe Inc. v. Cyber Promotions, Inc. was a ruling by the United States District Court for the Southern District of Ohio in 1997 that set an early precedent for granting online service providers the right to prevent commercial enterprises from sending unsolicited email advertising – also known as spam – to its subscribers. It was one of the first cases to apply United States tort law to restrict spamming on computer networks. The court held that Cyber Promotions' intentional use of CompuServe's proprietary servers to send unsolicited email was an actionable trespass to chattels and granted a preliminary injunction preventing the spammer from sending unsolicited advertisements to any email address maintained by CompuServe.
School of Visual Arts v. Diane Kuprewicz, 771 N.Y.S.2d 804 (2003), is a New York Supreme Court case in which it was held that sending and/or directing "large volumes of unsolicited job applications and pornographic e-mails" by defendant to plaintiff if it depletes hard disk space, drains processing power, and negatively impacts other system resources of the plaintiff is sufficient to establish "a cause of action for trespass to chattels." The ruling has been followed and cited in a number of cases in different jurisdictions.
Das v Linden Mews Ltd[2002] EWCA Civ 590 is an English land law case, concerning rights of way.
Ticketmaster Corp., et al. v. Tickets.Com, Inc. was a 2000 case by the United States District Court for the Central District of California finding that deep linking did not violate the Copyright Act of 1976 because it did not involve direct copying. The decision permitted Tickets.com to place deep links to Ticketmaster.
America Online, Inc. v. IMS, 24 F. Supp. 2d 548 was one of a series of legal battles America Online launched against junk e-mail. In this case, the court held that defendants' unauthorized mailing of unsolicited bulk e-mail constituted a trespass to chattels under Virginia state law.
Omega World Travel, Inc. v. Mummagraphics, Inc., 469 F.3d 348, is a case in the United States Court of Appeals for the Fourth Circuit in which Mummagraphics, Inc. is sued by Omega World Travel, Inc. (Omega) and Cruise.com after Mummagraphic alleged that they received 11 commercial e-mail messages in violation of the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003 as well as Oklahoma state law. In the initial filing, the United States District Court for the Eastern District of Virginia had awarded summary judgment to Omega on all of Mummagraphics' claims finding that the commercial emails from Omega did not violate the CAN-SPAM Act, and that the CAN-SPAM Act preempted Oklahoma state law. The Court of Appeals affirmed.
hiQ Labs, Inc. v. LinkedIn Corp., 938 F.3d 985, was a United States Ninth Circuit case about web scraping. The 9th Circuit affirmed the district court's preliminary injunction, preventing LinkedIn from denying the plaintiff, hiQ Labs, from accessing LinkedIn's publicly available LinkedIn member profiles. hiQ is a small data analytics company that used automated bots to scrape information from public LinkedIn profiles.
