The Ancient Doctrine of Trespass to Web Sites

Abstract

par. 1) The common law action of trespass to real property served to establish and preserve the very notion of "property" in land.Many of the words used to describe Web sites have a basis in real property: the word "site" itself is one, as are such expressions as "home" pages, "visiting" Web sites, "traveling" to a site and the like.This usage suggests that the trespass action might appropriately be applied to Web sites as well.The question is not academic, for the "obvious" protectionstechnology and copyright law-may not work.That analogies to real property trespass can be made does not suggest, however, that they should be made.The fundamental issue is whether the treatment of Web sites as property makes sense in light of the justifications for the institution of property 1

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