Ticketmaster v Tickets.com

By: Katelyn Manfre and Alton Udeh

Facts

  • Tickets.com was the defendant
  • Ticketmaster was the plaintiff
  • Tickets.com was convicted for using a "spider” to download Ticketmasters information to its own website.

Issue

This type of program used by the defendant "extracted factual data embedded in each page." As a result of Tickets.com using a "spider" from 1998 to 2001, Ticketmaster was able to file a lawsuit against the defendant for trespass to chattels, copyright, and contract claims.

Holding

Ticketmaster claim the 6th and 8th (misappropriation and trespass) and the motion is granted as to these claims. Tickets.com had evaded Ticketmaster property by taking factual information made by Ticketmaster. And the state law would allow protection of data and cannot be squared with the copyright act.

Reasoning

  • Tickets.com was unaware of the agreement on the bottom of Ticketmasters website that stated how their information was not to be used for commercial purposes before sending its "spider" into the webpages interior.
  • The court reasoned that the spider program could not establish any actual damage that was made to the plaintiffs website.

Reasoning

  • Though tickets.com was able to go through Ticketmaster and put their information on to their own website, the court rulded that is was fair becuase they were "unprotected public facts".

Verdict

  • In the end, Judge Harry Hupp found out the deep linking was not prohibited by the Copyright Acts because no direct copying had occured.
  • He ruled that the copyright violation claim was unfounded because "purely factual information", such as a public event's date, location, and cost, could not be copyrighted,

Basic Information

  • Title: Ticketmaster vs. Tickets.com
  • Question:What is illegal for tickets.com to use ticketmaster;s information on their website?
  • Decided by: Judge Harry Hupp on August 2001
  • Decision:Unpublished Opinion

How does it apply to student publications?

  • It applies to the first amendment because even though it states "freedom of speech" it doesn't mean that people can go around and copy other peoples work also known as plagiarism.

Work Cited

"Internet Library of Law and Court Decisions." Ticketmaster Corp., Et Al. v. Tickets.com, Inc. -. N.p., n.d. Web. 24 Sept. 2014.



http://docs.law.gwu.edu/facweb/claw/tickemaster.pdf