Module 2

Certain business processes are copyrightable.

False

"Fair use" cannot be asserted as a defense to a charge of copyright infringement in a dispute concerning digital sampling.

False

A state's prosecution of a crime prevents a separate federal prosecution relating to the same activity.

False

Federal law permits the sending of unsolicited commercial e-mail to randomly generated e-mail addresses.

False

In a product liability suit based on a design defect, a manufacturer is liable only when the harm was not reasonably preventable.

False

In a successful tort suit, an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort.

False

Once a manufacturer's trademark is established, another manufacturer may use it without permission.

False

One of the purposes of criminal law is to compensate the victims.

False

To gain a share of a market, a businessperson can interfere in another's business, even if the behavior is predatory

False

To maintain a claim of trademark dilution, the products involved must be similar.

False

Under the Madrid Protocol, the fees and procedures for trademark registration vary significantly among individual countries

False

Warrants are required for searches of businesses in highly regulated industries.

False

Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is

a felony.

Volatile Investments Inc. sends e-mail ads to any e-mail address that the sender can find on the Web or otherwise generate. Under federal law, Volatile's marketing method

is prohibited.

Ed works for Family Dwellings Inc., an investment firm that buys, renovates, and rents foreclosed houses. Ed steals his employer's digital files to start his own competing business, Good Homes LLC. This is

larceny.

The law does not prohibit the creation or shipment of counterfeit labels unless they are attached to products.

False

Digital sampling can constitute copyright infringement.

True

Downloading music into a computer's random access memory, or RAM, without authorization is copyright infringement

True

In entering personal information to a banking site online, a person may have a reasonable expectation of privacy.

True

Intellectual property is property resulting from intellectual, creative processes

True

Question 29 is unpinned. Click to pin. Question at position 29 Some business processes can be protected as trade secrets

True

The Fourth Amendment protects only against searches that violate a person's reasonable expectation of privacy.

True

A defective product is an unreasonably dangerous product when it is dangerous beyond the expectation of the ordinary consumer.

True

A descriptive term is protected under trademark law if it acquires a secondary meaning.

True

A person will not be liable for wrongful interference if the interference results from legitimate competitive behavior.

True

Crimes are offenses against society as a whole.

True

Don interferes with the business interests of Erin in a way not permitted by law, and Erin's business is harmed as a result. To be liable to Erin for the commission of an intentional tort, Don must have

intended to commit the act.

Rosa, who operates a Street Tacos restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. To obtain a conviction, the prosecution must

prove beyond a reasonable doubt that Rosa committed every essential element of an offense.

Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. The state in which the company is physically located has enacted an antispam law. Under federal law

the application of the state's law to Sound's ads is preempted.

Brewed Beans Inc. makes and sells "CoCoCafe," a chocolate-flavored coffee. Darkroast Inc. later markets a similar drink under the name "KoKoKafe." This is most likely

trademark infringement.