blaw 310 ch 9

. In an attempt to combat spam, thirty-six states have enacted laws that prohibit or regulate its use.
a. True
b. False
true
2. Using a domain name that is identical or similar to the trademark of another is legal.
a. True
b. False
false
3. The Anticybersquatting Consumer Protection Act applies to most, but not all, domain name registrations of trademarks.
a. True
b. False
false
4. Federal law prohibits the Federal Trade Commission from cooperating and sharing information with foreign agencies in investigating and prosecuting those involved in spamming.
a. True
b. False
false
5. Using another’s trademark in a meta tag does not normally constitute trademark infringement, even if it is done without the owner’s permission.
a. True
b. False
false
6. A claim of trademark dilution requires proof that consumers are likely to be confused by a connection between the unauthorized use and the mark.
a. True
b. False
false
7. A licensor might grant a license allowing a trademark to be used as part of a domain name.
a. True
b. False
true
8. In some states, an unsolicited e-mail must include a toll-free phone number that the recipient can use to ask the sender to send no more unsolicited e-mail.
a. True
b. False
true
9. Federal law permits the sending of unsolicited commercial e-mail and does not prohibit spamming activities.
a. True
b. False
false
10. Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar.
a. True
b. False
false
11. Cybersquatting occurs when key words are inserted into the hyper text markup language code to tell Internet browsers specific information about a Web page.
a. True
b. False
false
12. When you download an application on your smartphone, you are typically entering into a license agreement.
a. True
b. False
true
13. Downloading music into a computer’s random access memory, or RAM, is not copyright infringement, even if it is done without authorization.
a. True
b. False
false
14. Penalties exist for anyone who circumvents encryption software or other technological antipiracy protection.
a. True
b. False
true
15. The manufacture, import, sale, and distribution of devices or services for the circumvention of encryption software is prohibited.
a. True
b. False
true
16. An Internet service provider is liable for any act of copyright infringement by its customer.
a. True
b. False
false
17. A company can distribute file-sharing software with the object of promoting its use to infringe copyrights without liability for the resulting acts of infringement by its users.
a. True
b. False
false
18. Much of the material on the Internet, including software and database information, is not copyrighted.
a. True
b. False
false
19. The law does not restrict the “fair use” of methods for the circumvention of encryption software or other technological antipiracy protection for educational and other noncommercial purposes.
a. True
b. False
true
20. No federal court has held that digitally sampling a copyrighted sound recording of any length constitutes copyright infringement.
a. True
b. False
false
1. Social media users can post trademarked images or copyrights materials without infringing the owners’ rights, even if it is done without permission.
a. True
b. False
false
22. Social media posts have no uses in litigation.
a. True
b. False
false
23. An employer may have a right to terminate a person based on his or her violation of the employer’s social media policy.
a. True
b. False
true
24. Employees’ posts on social media may be protected under labor laws.
a. True
b. False
true
25. Employers cannot monitor employees’ electronic communications made in the ordinary course of business.
a. True
b. False
false
26. Federal law prevents a provider of communication services—such as a cell phone company—from divulging private communications to certain entities and individuals.
a. True
b. False
true
27. Federal wiretapping law covers electronic forms of communication.
a. True
b. False
true
28. Federal law permits the intentional interception of any wire, oral, or electronic communication.
a. True
b. False
false
29. Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.
a. True
b. False
false
30. Law enforcement uses social media to detect and prosecute criminals.
a. True
b. False
true
31. Social media posts are routinely included in discovery in litigation.
a. True
b. False
true
32. Cyber torts are torts that arise from online conduct.
a. True
b. False
true
33. Online defamation is wrongfully hurting a person’s reputation by communicating false statements about that person to others online.
a. True
b. False
true
34. It is frequently the companies rather than courts or legislatures that are defining the privacy rights of their online users.
a. True
b. False
true
35. To maintain a suit for the invasion of privacy, a person must have a reasonable expectation of privacy in the particular situation.
a. True
b. False
true
36. Refer to Fact Pattern 9-1. In those states with antispam laws, federal law
a. prohibits or regulates the use of spam.
b. requires the use of spam by business entities.
c. bans the use of spam altogether.
d. preempts the application of state law to commercial e-mail with certain exceptions.
d
37. Refer to Fact Pattern 9-1. One of the advertisers—either Sound Financials or Instable Investments—is acting within the bounds of federal law. Federal law permits the sending of
a. unsolicited commercial e-mail.
b. solicited commercial e-mail only.
c. commercial e-mail to randomly generated addresses.
d. commercial e-mail to addresses “harvested” from Web sites through the use of specialized software.
a
38. Refer to Fact Pattern 9-1. Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business. Thirty-six states
a. prohibit or regulates the use of spam.
b. require the use of spam by business entities.
c. ban the use of spam altogether.
d. preempt the application of state law to commercial e-mail.
a
39. Tech Outsourcing, Inc., registers a domain name that is the same as, or confusingly similar to, the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing. This is
a. cybersquatting.
b. typosquatting.
c. trademark infringement.
d. trademark dilution.
a
40. Rowan registers a domain name—sweetfriedpotatos.com—that is a misspelling of a popular brand—sweetfriedpotatoes.com. This is
a. cybersquatting.
b. typosquatting.
c. trademark infringement.
d. trademark dilution.
b
41. To protect domain name rights from would-be cybersquatters and typosquatters, AgriBusiness Inc. and other large corporations may have to
a. register thousands of domain names across the globe.
b. pay the owners of Web sites with identical or confusingly similar domain names for the number of unique visits, or hits, to the sites.
c. change their domain names to avoid identical or confusingly similar domain names.
d. change their trademarks to avoid identical or confusingly similar domain names.
a
42. Without authorization, Brady uses the trademark of Ciera Coffee Company to promote cheap, flavorless candy, which is not similar to Ciera’s products but diminishes the quality of the coffee company’s mark. This is
a. cybersquatting.
b. typosquatting.
c. trademark infringement.
d. trademark dilution.
d
43. Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google’s permission. This is
a. cybersquatting.
b. typosquatting.
c. trademark infringement.
d. trademark dilution.
c
44. Riley obtains permission from Saga Company to use the firm’s game app on Riley’s smartphone, tablet, and other mobile device. But Riley does not obtain ownership rights in the app. This is
a. a license.
b. a cookie.
c. cloud computing.
d. a violation of the law.
a
45. ConnectWeb, Inc., an Internet service provider (ISP), supplies information to the Federal Trade Commission concerning possible unfair or deceptive conduct in foreign jurisdictions. For this disclosure, federal law gives ConnectWeb and other ISPs immunity from liability. This is
a. goodwill.
b. fair use.
c. a safe harbor.
d. a license.
c
6. Refer to Fact Pattern 9-2. By using a similar domain name to CallTalk’s, CellTalk is most likely attempting to profit from its competitor’s
a. goodwill.
b. fair use.
c. license.
d. safe harbor.
a
47. Refer to Fact Pattern 9-2. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name “callltalk.” Before bringing the suit, CallTalk has to ask the court for a subpoena to discover
a. the true identity of the owner of the unauthorized site.
b. the amount of the profits of the unauthorized site.
c. the estimated costs of the court proceedings and discovery.
d. all of the registered variations of the name “calltalk.”
a
48. Refer to Fact Pattern 9-2. Call&Talk’s use of the domain name “callltalk,” without CallTalk’s authorization, to sell pornographic phone conversations, is
a. goodwill.
b. fair use.
c. a license.
d. trademark dilution.
d
49. BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life’s permission. This may be permissible
a. if the appropriating site has nothing to do with the meta tag.
b. if the two sites appear in the same search engine results.
c. if the use is reasonably necessary.
d. under no circumstances.
c
50. BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNY does not obtain ownership rights in the mark. This is
a. goodwill.
b. fair use.
c. a license.
d. a safe harbor.
c
51. To test computer security and conduct encryption research, Tech Solutions Inc. circumvents the encryption software and other technological antipiracy protection of United Business Corporation’s software. Under the Digital Millennium Copyright Act, this is
a. a violation of copyright law.
b. prohibited but not a violation of copyright law.
c. a “fair use” exception to the provisions of the act.
d. permitted for reconsideration every three years.
c
52. Dona downloads music into her computer’s random access memory, or RAM, without authorization. This is
a. copyright infringement.
b. within Dona’s rights as a computer user.
c. a basis of liability for the computer maker if it does not act against Dona.
d. none of the choices.
a
53. Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for
a. the motion picture industry.
b. recording artists and their labels.
c. the companies that distribute file-sharing software.
d. all of the choices.
d
54. InfoFree Inc., makes and sells devices and services for the circumvention of encryption software and other technological antipiracy protection. Under the Digital Millennium Copyright Act, this is
a. a violation of copyright law.
b. prohibited but not a violation of copyright law.
c. a “fair use” exception to the provisions of the act.
d. permitted for reconsideration every three years.
a
55. Stefano transfers copyrighted music recordings, without the copyright owners’ authorization, to his friends. This is
a. copyright infringement.
b. a license.
c. a safe harbor.
d. none of the choices.
a
56. Sly includes in his song “Sneaky” a few seconds of Wily’s copyrighted sound recording “Wits” without permission. Some federal courts have found that such digital sampling is
a. a violation of copyright law.
b. a “fair use” exception to the provisions of the act.
c. not a “fair use” exception to the provisions of the act.
d. all of the choices.
d
57. OntheWeb Company is an Internet service provider. OntheWeb’s customer Phoebe commits copyright infringement. OntheWeb is not liable for Phoebe’s activity
a. unless OntheWeb is aware of Phoebe’s violation.
b. unless OntheWeb is not aware of Phoebe’s violation.
c. unless OntheWeb shuts down Phoebe after learning of the violation.
d. under any circumstances.
a
58. Justin’s posts on Facebook provide information that establishes his intent and what he knew at a particular time, indicating potential liability. For this and other reasons, social media posts are often
a. included in discovery in litigation.
b. used by law enforcement to detect and prosecute criminals.
c. used by federal regulators in investigations into illegal activities.
d. all of the choices.
d
59. Zoe and other users of Facebook and other social networking sites post trademarked images and copyrighted materials on these sites without permission. This
a. is a violation of the intellectual property rights of the owners of the images and materials.
b. is within the rights of the users of social networks.
c. is a subject for dispute resolution by the providers of the social networks.
d. falls under the “business-extension exception” to the Electronic Communications Privacy Act.
a
0. Oversight Corporation monitors employees’ electronic communications made in the ordinary course of business. This
a. is a violation of the rights of Oversight’s employee.
b. is within Oversight’s rights as an employer.
c. is a subject for dispute resolution by the communications providers that Oversight uses.
d. falls under the “business-extension exception” to the Electronic Communications Privacy Act.
d
61. Keisha is an employee of Leeway Corporation. She uses social media in a way that violates her employer’s stated social media policies. Leeway first disciplines its employee and then, after a second transgression, fires her. This
a. is a violation of Keisha’s rights as an employee.
b. is within Leeway’s rights as an employer.
c. is a subject for dispute resolution by the social media that Keisha used.
d. falls under the “business-extension exception” to the Electronic Communications Privacy Act.
b
62. Auto Maker Components LLC is an employer based in Michigan. Michigan state law prohibits employers from taking adverse action against an employee or job applicant based on what the person has posted online. This applies to
a. social media sites.
b. e-mail accounts.
c. cloud storage accounts.
d. all of the choices.
d
63. Sales & Revenue, Inc., discovers that defamatory statements about its policies and products are being posted in an online forum. TransWeb Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. Sales & Revenue files a suit against the anonymous users. The plaintiff can obtain from TransWeb the identity of the persons responsible for the defamatory messages by
a. using the authority of the court.
b. gaining unauthorized access to TransWeb’s servers.
c. deceiving TransWeb into revealing the posters’ identities.
d. no legal or illegal means.
a
64. Omni Corporation provides cell phones, laptops, and tablets for its employees to use “in the ordinary course of its business.” Omni intercepts the employees’ business communications made on these devices. This is
a. a violation of the rights of Omni’s employees.
b. a matter for which Omni must obtain its employees’ consent.
c. a subject for dispute resolution by the communications providers that Omni uses.
d. excluded from the coverage of the Electronic Communications Privacy Act.
d
65. April and other employees of Bodegas & Bistros Inc. (2B) maintain a password-protected social media page to “vent about work.” When 2B learns of the page, the company intimidates April into revealing the password, and after reviewing the posts, fires her and the other participants. Most likely, this is
a. a violation of the Stored Communications Act.
b. within 2B’s rights as an employer.
c. a subject for dispute resolution by the communications providers that the employees’ page uses.
d. a “business-extension exception” under the Electronic Communications Privacy Act.
a
66. Paige applies to work for Quibbling & Company. Reece applies for admittance to State University. As part of their applications, Paige and Reece are asked to divulge their social media passwords. Legislation that protects individuals from having to disclose their social media passwords has been enacted in
a. no states.
b. most states but not by the federal government.
c. all states and by the federal government.
d. four states.
d
67. Mobile Device Company (MDC) discovers that defamatory statements about its policies and products are being posted in an online forum. NuView Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. MDC should
a. bring a suit against “John Doe” and use the authority of the court to obtain the identity from NuView.
b. bring a suit against NuView for publishing the statements.
c. counter the statements with its own posts in an effort to enhance the company’s goodwill.
d. post defamatory statements about NuView and its users.
a
68. Copious Bounty, LLC, and other companies operate social media Web sites, issue apps for mobile devices, obtain ad revenue from search engines, and sell directly to consumers from other sites. The privacy rights of the users of these products are frequently defined, not by the courts or legislatures, but by
a. the companies that own the sites and the apps.
b. retailers who have had to change their procedures to compete.
c. spammers, cybersquatters, and typosquatters.
d. Internet service providers.
a
69. Global Reach Corporation uses invisible files created on the computers, smartphones, and other mobile devices of visitors to its Web sites to track the users’ browsing activities. These files are
a. licenses.
b. cookies.
c. cloud computing.
d. a violation of the law.
b
0. Interactive Entertainment Corporation markets its products online. Through the use of cookies, Interactive Entertainment and other online marketers can
a. track individuals’ Web browsing activities.
b. gain access to competitors’ servers.
c. “sweet talk” consumers into buying certain products.
d. attack competitors’ Web sites.
a