Bidder’s Edge, Inc. (BE) (defendant) was an auction aggregation website that combined a number of auction websites into a single set of search results for its users. eBay, Inc. (plaintiff) was one of the auction websites that BE aggregated. BE used an automated computer program to search eBay’s online database up to 100,000 times per day. eBay entered into license agreements with a limited number of other auction aggregation websites, granting them access to eBay’s database under specific terms that eBay wrote into the agreements. BE and eBay attempted to reach a licensing agreement, but failed to do so. Accordingly, eBay notified BE on multiple occasions that it did not have permission to use eBay’s database. BE, however, continued to do so. eBay brought suit against BE for trespass to chattels, among other things.