Business Law CH 9

Prodigious Profit, 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

the companies that own the sites and the apps

Interactive Entertainment Corporation markets its products online. Through the use of cookies, Interactive Entertainment and other online marketers can

track individuals' Web browsing activities

CallTalk Corporation, a phone-time seller, uses its mark "calltalk" as its domain name. Later, Converse Inc. uses the domain name "callltalk" (a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell sexually explicit phone conversations. This is

trademark dilution

Odell is an employee of Packing Corporation. She uses social media in a way that violates her employer's stated social media policies. Packing disciplines Odell and then, after a second transgression, fires her. This is

within the employer's rights.

A social media post is not subject to discovery in litigation.

False

Anyone can circumvent encryption software or other technological antipiracy protection without penalty.

False

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 is legal when the person offering for sale a domain name that is the same as another's trademark intends to profit from the sale.

False

Employers are prohibited from taking actions against employees or applicants based on their social network postings.

False

File-sharing can be used to download others' stored music files without raising copyright issues.

False

In posting statements or photos to a social media site, a person clearly has a reasonable expectation of privacy.

False

Many states require the sender of an e-mail ad to tell recipients how to opt out of receiving future e-mail ads from the sender.

False

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

True

Using another's trademark as a meta tag may be permissible.

True

Sales Corps Inc. provides tablets for its employees to use "in the ordinary course of its business." Sales Corps intercepts the employees' business communications made on these devices. Under the Electronic Communications Privacy Act, this is

permissible

Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for

recording artists and their labels. the motion picture industry. the companies that distribute file-sharing software

Haute Dawgs Corporation allows its trademark to be used as part of a domain name for Haute Dawgs NY Inc., an unaffiliated company. Haute Dawgs NY does not obtain ownership rights in the mark. This is

a license

Payback Inc. discovers that defamatory statements about its policies are being posted in an online forum. Q Web Inc., the Internet service provider whose users are posting the messages, refuses to reveal the users' identities. To obtain those identities, Payback should initially

ask the U.S. Department of Justice to issue a subpoena.

Jade transfers selected musical recordings, without the copyright owners' authorization, through her phone to her friends. Jade does not charge her friends for this "service." This is

copyright infringement

Skye posts excerpts from comics and graphic novels on social networking sites without the permission of the owners of the copyrights to the illustrations and stories. This is

copyright infringement