BLAW Chapter 9

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. a violation of copyright law

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. a violation of the Stored Communications Act.

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. copyright infringement

CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its second-level domain. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain. Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations. Refer to Fact Pattern 9-B2. 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. goodwill

Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes. Refer to Fact Pattern 9-B1. Great Looks and Hot Trends are subject to the laws of the states in which they are located and do business. Many states a. prohibit false and deceptive e-mailing practices. b. require the use of spam by business entities. c. ban the use of spam altogether. d. preempt the application of federal law to commercial e-mail.

A. prohibit false and deceptive e-mailing practices.

CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its second-level domain. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain. Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations. Refer to Fact Pattern 9B-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. the true identity of the owner of the unauthorized site.

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. track individuals' Web browsing activities

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. unless OntheWeb is aware of Phoebe's violation

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. using the authority of the court.

Discount Retail Corporation's social media policy directs its employees to "avoid negative public comments about your company." Elin is an employee of Discount Retail. When Elin criticizes fellow employees online, Discount Retail fires her. Elin then files a suit against the employer, seeking reinstatement. The court will most likely a. award Elin reinstatement. b. uphold Discount Retail's right to terminate Elin. c. order the parties to submit to online dispute resolution. d. refer the issue to a higher court.

B. uphold Discount Retail's right to terminate Elin.

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. a license

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. a safe harbor

Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes Refer to Fact Pattern 9-B1. One of the senders—Great Looks, Hot Trends, or Ilene—is acting outside the bounds of federal law. Federal law prohibits the sending of a. unsolicited commercial e-mail. b. solicited commercial e-mail. c. commercial e-mail to randomly generated addresses. d. non-commercial e-mail that promotes a product or service to a friend, co-worker, or relative.

C. commercial e-mail to randomly generated addresses.

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. if the use is reasonably necessary

Emily and other users of Facebook and other social networking sites post messages, images, and other materials on these sites. Social media posts are routinely included in discovery in litigation to a. establish a person's intent. b. establish what a person knew at a particular time. c. reduce damages awards. d. all of the choices.

D. all of the choices

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. all of the choices

Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes. Refer to Fact Pattern 9-B1. Federal law preempts state antispam laws a. with no exceptions. b. except for laws that require the use of spam by business entities. c. except for statutes that ban the use of spam altogether. d. except for provisions that prohibit false and deceptive e-mailing practices.

D. except for provisions that prohibit false and deceptive e-mailing practices.

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. excluded from the coverage of the Electronic Communications Privacy Act.

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. four states

CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its second-level domain. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain. Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations. Refer to Fact Pattern 9-B2. 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. trademark dilution

Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar.

FALSE

Cybersquatting occurs when key words are inserted into the hyper text markup language code to tell Internet browsers specific information about a Web page.

FALSE

Employees who use social media in a way that violates their employer's stated policies cannot be disciplined or fired from their jobs.

FALSE

Employers can monitor employees' electronic communications made in the ordinary course of business, including employees' personal communications.

FALSE

Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.

FALSE

Federal law permits the intentional interception of any wire, oral, or electronic communication.

FALSE

Federal law permits the sending of unsolicited commercial e-mail and does not prohibit spamming activities.

FALSE

Much of the material on the Internet, including software and database information, is not copyrighted.

FALSE

No federal court has held that digitally sampling a copyrighted sound recording of any length constitutes copyright infringement.

FALSE

Trademark dilution occurs when a person registers a domain name that is the same as, or confusingly similar to, the trademark of another and then offers to sell the domain name back to the original owner.

FALSE

Using another's trademark in a meta tag is not permissible, even if the use is reasonably necessary.

FALSE

An Internet service provider (ISP) is not liable for copyright infringement by its customer unless the ISP is aware of the subscriber's violation.

TRUE

Federal wiretapping law covers electronic forms of communication.

TRUE

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.

TRUE

It is frequently the companies rather than courts or legislatures that are defining the privacy rights of their online users.

TRUE

Law enforcement uses social media to detect and prosecute criminals.

TRUE

Online defamation is wrongfully hurting a person's reputation by communicating false statements about that person to others online.

TRUE

Social media posts are routinely included in discovery in litigation.

TRUE

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.

TRUE

When you download an application on your smartphone, you are typically entering into a license agreement.

TRUE