Property Law Exam

Property Law Exam - Wesley McLaughlin Property Law Exam...

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Wesley McLaughlin Property Law Exam 12/11/2010 Ticketmaster (TM) believes that its website and content are its property. Property being defined as; something you can possess, use, convey, and exclude others from. Ticketmaster has put in labor to create its property therefore they own the website and the content on it. This dilemma of owning content occurs in International News (IN) vs. Associated Press (AP) as well. Ticketexpress (TX) argues that TM’s website and content are not Ticketmaster’s property (something you can possess, use, convey, and exclude others from). Ticketexpress says that a website is more of a public domain with multiple “doors” or URL’s into the same website rather than private property. Public domain is; property rights that are held by the public. The facts (content) on TM’s website cannot be Ticketmaster’s property because these facts can be found publicly in many places. This means that they cannot exclude others; therefore it doesn’t fit the definition of property. This occurs in International News (IN) vs. Associated Press (AP) many times. Here is an example of the rights of property; “Upon the publication with [Associated Press]'s consent of uncopyrighted news by any of [Associated Press]'s members in a newspaper or upon a bulletin board, the right of property is lost, and the subsequent use of the news by the public or by [International News] for any purpose whatever becomes lawful.” Also, here is an example of exclusion; “If the property is private, the right of exclusion may be absolute; if the property is affected with a public interest, the right of exclusion is qualified. But the fact that a product of the mind has cost its producer money and labor, and has a value for which others are willing to pay, is not sufficient to ensure to it this legal attribute of property.”
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The second argument to be made by Ticketmaster is that Ticketexpress is trespassing on their website. By deep linking TX is invading TM’s property (civil trespass; a tort precluding unauthorized individuals from going onto a property for purposes to either cause harm to the property or property owner or to invade the rights of the property owner.) Also, TM charges TX
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Property Law Exam - Wesley McLaughlin Property Law Exam...

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