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Grocery Store Wars
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eBay’s allegations of harm are based, in part, on the argument that BE’s activities should be thought of as equivalent to sending in an army of 100,000 robots a day to check the prices in a competitor’s store. This analogy, while graphic, appears inappropriate. Although an admittedly formalistic distinction, unauthorized robot intruders into a “brick and mortar” store would be committing a trespass to real property. There does not appear to be any doubt that the appropriate remedy for an ongoing trespass to business premises would be a preliminary injunction. More importantly, for the analogy to be accurate, the robots would have to make up less than two out of every one-hundred customers in the store, the robots would not interfere with the customers’ shopping experience, nor would the robots even be seen by the customers. Under such circumstances, there is a legitimate claim that the robots would not pose any threat of irreparable harm.
— eBay, Inc. v. Bidder’s Edge, Inc., 100 F. Supp. 2d 1058 (N.D. Cal. 2000). From reading for Software and Internet Law
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Don’t worry about people stealing your ideas. If your ideas are any good, you’ll have to ram them down people’s throats.
— Howard Aiken, as cited by Paul Graham
Apr
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