Bus law 4,5,6

Apple, Inc., has repeatedly sued _________________ that registered domain names similar to the names of its products, such as iphone8.com and ipods.com

cybersquatters

it is the intent to do an act that is important in tort law, not the ______ behind the intent.

it is the intent to do an act that is important in tort law, not the motive behind the intent.

Ivan threatens Jean w a gun and then shoots her. Identify the assault and battery here.

-The pointing of the gun at Jean = assault -the firing of the gun (if the bullet hits Jean) = battery

compensatory damages

-a monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party -the goal is to make the plaintiffs whole and put them in the same position that they would have been in had the tort not occurred -plaintiffs award these damages to compensate or reimburse them for actual losses

types of false utterances that are considered to be slander per se:

-a statement that another has a loathsome disease (such as STDs) or a serious mental defect -a statement that another has committed improprieties while engaging in a profession or trade -a statement that another has committed or has been imprisoned for a serious crime -a statement that a person is unchaste or has engaged in serious secual misconduct

to register for protection under federal trademark law, a person must file an application with the U.S. Patent and Trademark Office in Washington, D.C. a mark can be registered if what 2 things?

-currently in commerce -if the applicant intends to put it into commerce within six months

to succeed in a negligence action, the plaintiff must prove these elements:

-duty. the defendant owed a duty of care to the plaintiff -breach. the defendant breached that duty -causation. the defendant's breach caused the plaintiff's injury -damages. the plaintiff suffered a legally recognizable injury

general damages

-in a tort case, an amount awarded to compensate individuals for the nonmonetary aspects of the harm suffered, such as pain and suffering. Not available to companies. ----> a court might award these damages for physical or emotional pain and suffering, loss of companionship, loss of consortium (losing the emotional and physical benefits of a spousal relationship), disfigurement, loss of reputation, or loss or impairment of mental or physical capacity

the tort of fraudulent misrepresentation includes:

-misrepresentation of facts or conditions with knowledge that they are false or with reckless disregard for the truth -an intent to induce another to rely on the misrepresentation -justifiable reliance by the deceived party -damage suffered as a result of the reliance -a causal connection between the misrepresentation and the injury suffered

punitive damages

-monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future ---> appropriate only when the defendant's conduct was particularly egregious (flagrant) or reprehensible (blameworthy) ---> normally available in intentional tort actions + only rarely in negligence lawsuits

once a defendant's liability for _____ is established, a plaintiff is normally entitled to _____ damages (designed to compensate the plaintiff for nonspecific harms such as disgrace or dishonor in the eyes of the community, humiliation, injured reputation, and emotional distress--harms that are difficult to measure) ---> basically, the plaintiff, in order to recover _____damages in a _____case, need not to prove that she/he was harmed in any specific way by the libelous statement

-once a defendant's liability for libel is established, a plaintiff is normally entitled to general damages (designed to compensate the plaintiff for nonspecific harms such as disgrace or dishonor in the eyes of the community, humiliation, injured reputation, and emotional distress--harms that are difficult to measure) ---> basically, the plaintiff, in order to recover general damages in a libel case, need not to prove that she/he was harmed in any specific way by the libelous statement

to establish defamation, a plaintiff normally must prove what 4 things?

-the defendant made a false statement of fact -the statement was understood as being about the plaintiff and tended to harm the plaintiff's reputation -the statement was published to at least one person other than the plaintiff -if the plaintiff is a public figure, he or she must prove actual malice

in determining whether the duty of care has been breached, courts consider:

-the nature of the act (whether it is outrageous or commonplace) -the manner in which the act was performed (cautiously vs heedlessly) -the nature of the injury (whether it is serious or slight)

Which agency investigates consumer complaints of privacy violations?

The Federal Trade Commission

defenses

a reason offered by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what she or he seeks

puffery

a salesperson's exaggerated claims concerning the quality of property offered for sale; such claims involve opinions rather than facts and are not legally binding promises or warranties

cookies

a small file sent from a website and stored in a user's Web browser to track the user's Web browsing activities

priviledge

a special right, advantage, or immunity that enables a person or class of persons to avoid liability for defamation

cyber tort

a tort committed via the Internet

wrongful interference with a contractual relationship

a valid, enforceable contract must exist between 2 parties a 3rd party must know that this contract exists the 3rd party must intentionally induce a party to breach the contract

4. Hobbs owns a small internet service provider. He is sued by Allison because someone who pays Hobbs a monthly fee posted a defamatory statement about Allison. Will Allison prevail in court? a. No, because the Communications Decency Act treats Internet service providers differently from print publishers. b. Yes, because it doesn't matter where the defamatory statement was published. c. No, because Allison lives in a different state.

a. No, because the Communications Decency Act treats Internet service providers differently from print publishers.

disparagement of property

an economically injurious falsehood about another's product or property

defendant

an individual, company, or institution sued or accused in a court of law.

gross negligence

an intentional failure to perform a manifest duty in reckless disregard of the effect on the life or property of another

fraudulent misrepresentation

any misrepresentation, either by misstatement or by omission of material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and soes rely to his or her detriment

intellectual property

any property resulting from intellectual, creative processes--the products of an individual's mind like apps for my iPhone, movies or shows and music i listen to

defamation

anything published or publicly spoken that causes injury to another's good name, reputation, or character

actual malice

the deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth; required to establish defamation against public figures

appropriation

the deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth; required to establish defamation against public figures

cloud computing

the delivery to users of on-demand services from third-party servers over a network

The Anticybersquatting Consumer Protection Act (ACPA) makes cybersquatting illegal when both of the following are true:

the domain name is identical or confusingly similar to the trademark of another the one registering, trafficking in, or using the domain name has a "bad faith intent" to profit from that trademark.

duty of care

the duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence

copyright

the exclusive right of an author or originator of a literary or artistic production to publish, print, sell, or otherwise use that production for a statutory period of time.

negligence

the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

False Imprisonment

the intentional confinement or restraint of another person's activities without justification

slander of title

the publication of a statement that denies or casts doubts on another's legal ownership of property, causing financial loss to that property's owner

slander of quality

the publication of false information about another's product, alleging that it is not what its seller claims

domain name

the series of letters and symbols used to identify a site operator on the Internet (an Internet address)

peer-to-peer (P2P) networking

the sharing of resources, such as files, hard drives, and processing styles, among multiple computers without the requirement of a central network server

reasonable person standard

the standard of behavior expected of a hypothetical "reasonable person"; it is the standard against which negligence is measured and that must be observed to avoid liability for negligence

the tort of __ also arises when a false statement of fact is made about a person's product, business, or legal ownership rights to property

the tort of defamation also arises when a false statement of fact is made about a person's product, business, or legal ownership rights to property

trademark dilution

the unauthorized use of a distinctive and famous mark in a way that impairs the mark's distinctive or harms its reputation

tort actions are not ______ actions, and tort lawsuits are handled by ___ courts

tort actions are not criminal actions, and tort lawsuits are handled by civil (not criminal) courts

_____ ____ laws protect the owners of distinctive marks from unauthorized uses even when the defendants' use involves noncompeting goods or is unlikely to cause confusion

trademark dilution

when a trademark is used online, without authorization, in a way that diminishes the distinctive quality of the mark, it constitutes ____ _____?

trademark dilution; does not require proof that consumers are likely to be confused by a connection between the unauthorized use and the mark

Trademark Dilution Revision Act (TDRA)

under this act, a plaintiff can state a claim for trademark dilution

spam

unsolicited "junk e-mail" that floods virtual mailboxes with advertisements, solicitations, and similar communications

what society and the law consider permissible often depends on the ___________.

what society and the law consider permissible often depends on the circumstances.

when a person _____ to the act that damages her or him, there is generally no tort liability

when a person consents to the act that damages her or him, there is generally no tort liability (a common defense to intentional torts against persons)

when __________occurs, a trespass to personal property also occurs; the original taking of the personal property from the owner is a trespass, and wrongfully retaining the property is ___________. (same word)

when conversion occurs, a trespass to personal property also occurs; the original taking of the personal property from the owner is a trespass, and wrongfully retaining the property is conversion.

business torts

wrongful interference w another's business rights and relationships

trespass to personal property

wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner's possession of personal property

conversion

wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another

two notions serve as the basis of all torts:

wrongs and compensation

meta tags

keywords that give Internet browsers specific information about a Web page; used to increase the likelihood that a site will be included in search engine results, even if the site has nothing to do w the key words

2 types of defamation

libel and slander

many companies choose to permit others to use their trademarks and other intellectual property through ______.

licensing

much of the material on the Internet (software + database info) is ____. whenever a party downloads software/ music w/out authorization, a __ is infringed

licensing agreement

most states have a _ that established the time limit (often 2 yrs from the date of discovering the harm) within which a particular type of lawsuit can be filed; after that time period, the plaintiff can no longer file a claim

most states have a statute of limitations that established the time limit (often 2 yrs from the date of discovering the harm) within which a particular type of lawsuit can be filed; after that time period, the plaintiff can no longer file a claim

no proof of special damages is required for it to be actionable if a false statement constitutes ________ ___ __.

no proof of special damages is required for it to be actionable if a false statement constitutes slander per se.

tortfeasor

one who commits a tort

obligations of Internet Service providers (ISPs)

org/ bus offers users access to the Internet + related services -Safe Web Act provides "safe harbor" + gives ISPs immunity from liability for supplying info to the FTC concerning possible unfair or deceptive conduct in foreign jurisdictions.

battery

physical contact with another that is unexcused, harmful or offensive, and intentionally performed

Many companies established internet ____________, which typically inform users what types of data they are gathering and for what purposes it will be used.

privacy policies

intentional torts

result from the intentional violation of person or property (fault with intent), a wrongful act knowingly committed

Unintentional Torts (Negligence)

results from the breach of a duty to act reasonably (fault without intent)

The emergence of Facebook and other social networking sites has had a number of effects on the legal process. _______ posts have had an impact on litigation and settlement agreements. Law enforcement and administrative agencies now routinely use ________ to detect illegal activities and conduct investigations, as do many businesses.

social media

Private employers and schools have sometimes looked at an individual's Facebook or other social media account to see if it included controversial postings. A number of states have enacted legislation that protects individuals from having to divulge their _____________. Such laws may not be completely effective in preventing employers from rejecting applicants or terminating workers based on their social media postings.

social media passwords

______ _______ posts have been used to invalidate settlement agreements that contained confidentiality clauses.

social media posts have been used to invalidate settlement agreements that contained confidentiality clauses.

Cybersquatting

the act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner

plaintiff

a person who brings a case against another in a court of law.

business invitee

a person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes

When ______ is used to download others' stored music files or illegally copy movies, copyright issues arise. Individuals who download music or movies in violation of copyright laws are liable for infringement. Companies that distribute _______ software or provide such services have been held liable for the copyright infringement of their users if the software or technology involved promoted copyright infringement.

file-sharing

social media

forms of communication through which users create and share information, ideas, messages, and other content via the Internet

in a case alleging _________, the plaintiff must prove _______ damages to establish the defendant's liability; the plaintiff must show that the slanderous statement caused the plaintiff to suffer actual economic or monetary losses.

in a case alleging slander, the plaintiff must prove special damages to establish the defendant's liability; the plaintiff must show that the slanderous statement caused the plaintiff to suffer actual economic or monetary losses.

special damages

in a tort case, an amount awarded to compensate the plaintiff or quantifiable monetary losses, such as medical expenses, property damage, and lost wages and benefits (now and in the future), extra costs, the loss of irreplaceable items, and the costs of repairing or repairing damaged property

goodwill

in the business context, the valuable reputation of a business viewed as an intangible asset

Berne Convention

international treaty that protects copyrights

assault

Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.

under the Trademark Dilution Revision Act (TDRA), a plaintiff can state a claim for trademark dilution and prove what?

-the plaintiff owns a famous mark that is distinctive -the defendant has begun using a mark in commerce that allegedly is diluting the famous mark -the similarity between the defendant's mark and the famous mark gives rise to an association between the marks -the association is likely to impair the distinctiveness of the famous mark or harm its reputation

Strict Product Liability Requirements

1. Product must be defective when sold 2. Defendant must normally be engaged in the business of selling that product 3. Product is unreasonably dangerous BOD 4. Plaintiff must incur physical harm BOD 5. The defect must be a proximate cause of injury 6. Goods must not have been substantially changed from the time sold until injury was sustained

types of damages that plaintiffs seek in tort actions

1. compensatory 2. special 3. general 4. punitive

nominal damages

A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered.

copyright infringement

A violation of the exclusive rights of a copyright holder, such as copying, distributing, or performing the copyright owner's work without permission unless the use is otherwise authorized by law.

license

An agreement by the owner of intellectual property to permit another to use a trademark, copyright, patent, or trade secret for certain limited purposes. In the context of real property, a revocable right or privilege to enter onto another person's land. -licensor (owns intell. property and issues license) -licensee (obtains the license)

Online Defamation

An online message attacking another person or entity in harsh, often personal, and possibly defamatory, terms

Which act prohibits false and deceptive e-mails originating in the United States?

Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act

Which act protects copyrights online and establishes civil and criminal penalties for anyone who bypasses encryption software or other technologies? This act provides exceptions for certain educational and nonprofit uses. It also limits the liability of internet service providers for infringement unless the ISP is aware of the user's infringement and fails to take action

Digital Millennium Copyright Act (DMCA)

Which act prohibits the intentional interception or disclosure any wire, oral, or electronic communication? ---> also includes a "business-extension exception" that permits employers to monitor employees' electronic communications made in the ordinary course of business (but not their personal communications)

Electronic Communications Privacy Act (ECPA)

Opt-out email

Electronic promotional messages that are sent without a recipient's permission and allow the recipient to request to be removed from the subscriber list

True or False: Internet service providers are generally treated the same as print publishers and other media regarding liability for defamation.

False

True or False: Invasion of privacy cases can be brought only against private individuals, not organizations.

False

True or False: Posting negative comments about other individuals on your social media is always protected speech.

False

slander

False charges and malicious oral statements about someone -oral defamation

Federal and state statutes reply to certain forms of cyber torts, or torts that occur in cyberspace, such as online defamation. Under which act are internet service providers generally not liable for defamatory messages posted by their subscribers?

Federal Communications Decency Act (CDA)

torts

French for "wrong"; a wrong act (other than a breach of contract) that results in harm or injury to another and leads to civil liability

Which corporation oversees the distribution of domain names and expanded the available domain names to include new generic top-level domain names (gTLDs)?

Internet Corporation for Assigned Names and Numbers (ICANN)

consequential damages

Special damages that compensate for a loss that is not direct or immediate (for example, lost profits). The special damages must have been reasonably foreseeable at the time the breach or injury occurred in order for the plaintiff to collect them.

What act is a part of the ECPA and prohibits intentional unauthorized to stored electronic communications (such as data stored by an employer)?

Stored Communications Act (SCA)

trespass to land

The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.

product liability

The legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods.

Safe Web Act

This act is designed to help the Federal Trade Commission in their role to protect and assist U.S. consumers. It provides for the mutual exchange of information with foreign entities and the proceedings involved.

True or False: Online defamation occurs when an individual communicates a false statement about a person through the internet.

True

Which act allows U.S. authorities to cooperate and share information with foreign agencies in investigating and prosecuting those involved in spamming, spyware, and various Internet frauds and deceptions. the act includes a "safe harbor" for Internet service providers

U.S. Safe Web Act

trademark infringement

Unauthorized use of another's mark. The holder may recover damages and other remedies from the infringer. -to prove this, the trademark owner must show that the other party's use of the mark has created a likelihood of confusion about the origin of that party's goods or services

Internet service providers (ISPs)

a business or organization that offers users access to the Internet and related services.

trademark

a distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods and distinguished its products from those made or sold by others

Typosquatting

a form of cybersquatting that relies on mistakes, such as typographical errors, made by Internet users when entering information into a Web browser.

transferred intent

a legal principle under which a person who intends to harm one individual, but unintentionally harms a different individual, can be liable to the second victim for an intentional tort

damage is used to refer to harm or injury to persons/ property but damages refer to ________________.

a monetary award sought as a remedy for a breach of contract or a tortious action

distributed network

a network that can be used by persons located (distributed) around the country or the globe to share computer files

In which situations do people have a reasonable expectation of privacy? Choose two. a. When they tweet about bad customer service at a restaurant b. When they enter their personal banking information with an online mortgage lender c. When they disclose credit information to obtain a loan online d. When they send an email through a work computer

b. When they enter their personal banking information with an online mortgage lender c. When they disclose credit information to obtain a loan online

One of the major problems in pursuing an online defamation claim is that: a. if the person posting the defamatory statements deletes the post, then there is no longer a valid claim. b. discovering and proving the identity of the person who posted the defamation can be difficult. c. ISPs will generally intervene in the lawsuit to prevent infringement on free speech of the individual who made the post.

b. discovering and proving the identity of the person who posted the defamation can be difficult.

wrongful interference with a business relationship

businesspersons devise countless schemes to attract customers, but they are prohibited from unreasonably interfering with another's business in their attempts to gain a share of the market

actionable

capable of serving as the basis of a lawsuit; an actionable claim can be pursued in a lawsuit or other court action

Many companies today on their own internal ___________ through which employees can exchange messages about topics related to their work.

company-wide social media networks

tort law is designed to __________.

compensate those who have suffered a loss or injury due to another person's wrongful act

In tort action, one person or group brings a personal suit against another person or group to obtain _________________.

compensation (monetary damages) or other relief for the harm suffered

Strict Product Liability and Public Policy

consumers should be protected from unsafe products; manufacturers and distributors should be liable to any user of the product; manufacturers, sellers and distributors can bear the costs of injuries

Whenever you can sue her purchases items online from a retailer, the retailer collects information about the consumer through "______." consequently, retailers have gathered large amounts of data about individuals shopping habits. It's not always clear whether collecting such information violates a person's right to privacy.

cookies

libel

defamation in writing or another permanent form (like digital recording)

Numerous internet companies have been accused of violating users' privacy rights. To sue for invasion of privacy, a person must have a reasonable _____________ in the particular situation. It is often difficult to determine how much privacy can reasonably be expected on the internet.

expectation of privacy