Trespass – An Ancient Legal Doctrine Gains Traction In Cyberspace

May 2007

By Eric Sinrod

Fed up with commercial spammers invading your inbox, unauthorized deep linking to your website, spyware on your PC or finding out that someone is using your server to send out spam – well here Eric Sinrod explains that the ancient legal doctrine of trespass to chattels which establishes liability when one person dispossesses or causes physical harm to the chattel (private property) of another person can be useful in Cyberspace. As Information technology development continues to advance at an astonishing pace, and with the law evolving at a much slower rate, traditional legal theories have had to be dusted off to grapple with Internet disputes and the best example is the application by the courts of the trespass to chattels notion to the new world of the Internet. Cases reviewed include AOL v IMSAOL v LCGM,Compuserve v. Cyber Promotions Kerrins v. Intermix Media and Ticketmaster v.

See the Article Internet Trespass:  Measuring and Controlling Internet-Distributed Advertiser-Funded Content Music Law Updates April 2006 and a review of Kerrins v Intermix Media Music Law Updates March 2006

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