Business Law Exam 2

what is a trade secret?

information in a business that gives the owner a competitive advantage in the marketplace

What is a copyright?

intangible property right granted by federal statute to the author or originator of a literary or artistic production

Defenses to Criminal Liability:

justifiable use of force, necessity, insanity, mistake, duress, entrapment, statute of limitations, immunity

Cyber and Computer Crimes Pyramid (bottom to top)

password theft, identity theft, cyber fraud

Methods of File-Sharing:

peer-to-peer networking cloud computing

What is Phishing?

perpetrator sends emails from what looks to be legitimate businesses in attempt to reveal passwords, personal financial data or other information

The Exclusionary Rule:

prevents evidence that is illegally obtained or without a proper search warrant to be admissible in court

Double Jeopardy:

prohibits a person from being tried twice for the same crime

What is the Stored Communications Act?

prohibits intentional and unauthorized access to stored electronic communications

Examples of Public Order Crime:

public intoxication, prostitution, gambling, illegal drug use

Fourth Amendment Protections:

right of the people to be secure in their persons, houses, papers, and effects

What is a petty offense?

the least serious kind of criminal offense, such as a traffic violation

What is a cyber tort and an example?

torts that arise from online conduct ex: online defamation

Data collection and cookies are used to:

track a users browsing activities; retailers can gain a lot of data about your shopping habits from cookies

Cyberterrorist:

uses technology/the internet to cause fear, violence, or financial harm

What are the five broad categories of crime?

violent crime property crime public order crime white-collar crime organized crime

Term for "The Criminal Act":

Actus Reus (a guilty or prohibited act)

Intellectual Property

Any property resulting from intellectual and creative processes

Computer Crime:

Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution.

Difference between Civil and Criminal Law (Burden of Proof):

Civil: Proof by Preponderance of the Evidence Criminal: Proof Beyond a Reasonable Doubt

Counterfeit Goods

Copy or imitate trademarked goods but are not genuine

What governs copyright?

Copyright Act of 1976

Trademark

Distinctive word, symbol, sound, or design that identifies the manufacturer and distinguishes its product from other manufacturers

T or F: Trademarks are only protected from dilution if the new mark is 100% identical to the famous mark

False

What does the Trademark Dilution Revision Act (TRDA) protect?

Famous trademarks from unauthorized use that can impair distinctiveness

What 2 acts protect people from spam?

Federal CAN-SPAM Act U.S. Safe Web Act

Second-level domain (SLD):

Google.com (google is the SLD)

What do meta tags do?

Increase the chances a website will appear in a user's search

Trademark protection is provided by __________

Lanham Act of 1946

How long is copyright protection given?

Life of the owner plus 70 years

Term for "State of Mind":

Mens Rea (a wrongful mental state or intent)

What is Probable Cause?

Reasonable grounds for believing search should be conducted or person should be arrested

Copyright owners are protected against:

Reproduction of the work, development of derivative works, distribution of the work, public display of the work

What is the Electronic Communications Privacy Act (ECPA)?

Revised federal wiretapping law to cover electronic communications

What is an order from a judge or other public official authorizing the search and seizure of property?

Search Warrant

Fanciful and arbitrary trademarks receive automatic protection

Strong Marks

What is 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 owner.

What is a Trade Dress?

The image or overall appearance of a product and its packaging (ex: shape of goldfish, shape of hershey kiss)

T or F: An employer can monitor employees business communications, but not personal communications

True

Penalty for Counterfeiting:

Up to $2 million or up to 10 years imprisonment

What is trademark infringement?

When a trademark is copied intentionally or unintentionally without authorization

The Digital Millennium Copyright Act:

a U.S. law that adjusts copyright laws to the internet age by making it illegal to make, distribute, or use devices that circumvent technology based protections of copyrighted materials

What is a felony?

a crime carrying the most severe penalties, ranging from one year in prison to the death penalty

What is a misdemeanor?

a lesser crime than a felony, punishable by a fine or up to one year in jail

Trade Name:

a name that a business uses to identify itself and its brand; directly related to businesses reputation and goodwill

To maintain a suit for invasion of privacy, a person must have _________

a reasonable expectation of privacy

License:

agreement that permits the use of a trademark, copyright, patent, or trade secret; owner is the licensor, user is the licensee

Self-Incrimination:

an accused person cannot be compelled to give testimony that might subject her or him to criminal prosecution

Examples of White-Collar Crime:

bribery, fraud, embezzlement, insider trading

Examples of Property Crime:

burglary, larceny, arson, forgery

International Protections:

chapter 7 slides 32-33

Key differences between Civil and Criminal Law:

chapter 9 slide 4

Physical attack as a tort vs physical attack as a crime:

chapter 9 slide 6

Corporate Criminal Liability

chapter 9 slide 9

Exclusions of the ECPA include:

communications through devices employer supplies to employees

Due Process of Law:

defendants have an opportunity to object to the charges against them before a fair, neutral decision maker

Reasonable expectation of privacy example:

entering banking information online

Top-level domain (TLD):

.com, .org, .net, .edu

What is typosquatting?

A form of cybersquatting that relies on typos made by Internet users when inputting information into a Web browser (example: Goggle.com)