Does eBay Have The Right To Deny Access To Its Site?

In an intensifying battle against specialized search services, eBay, Inc. moved last Friday to deny AuctionWatch.com access to its site. The San Jose, California-based online auctioneer took technical steps to bar AuctionWatch.com after negotiations to reach a licensing agreement suddenly collapsed. According to published reports, eBay sent AuctionWatch.com a letter telling the company that it was no longer allowed access to its site without a licensing agreement. "It appears that we have no choice but to exercise self-help measures to protect our interests," wrote Michael Jacobson, eBay_s vice president general counsel. Predictably, Rodrigo Sales, AuctionWatch.com_s CEO, expressed dismay over the action and said that the company is pursuing legal action to regain access to eBay. The basis for AuctionWatch.com_s claim, he added, was that the data on eBay_s site is on the Web for anyone to see.
Bidder_s Edge, Inc., a Burlington, Massachusetts online auction service, is using the same rationale to justify its decision to ignore eBay_s cease and desist order-with which it had initially complied. "We made the decision to list eBay again in the best interests of Bidder_s Edge_s users, the online auction community and everyone who believes that the free exchange of information is essential for the success of commerce on the Web," said James Carney, Bidder_s Edge president and CEO.