Chapter 9: Internet Law, Social Media, and Privacy

ABC Corporation wants to create something that will help protect their trade secrets and still allow communication between employees of all of their branches. What would be their best option? an extranet. an internal social media network. a private group on a social network site. an ongoing email system.

an internal social media network.

ConnectWeb, Inc., operates a subscription-based service that extends the software and data storage capabilities of its subscribers. This is an example of dilution of networks. peer-to-peer (P2P) networking. cloud computing. cloud computing.

cloud computing.

Skye posts excerpts from comics and graphic novels on social networking sites without the permission of the owners of the copyrights. She says her reason is to promote the artists' work. This is an example of copyright infringement. a license. goodwill. "fair use."

copyright infringement.

Interactive Entertainment Corporation markets its products online. Through the use of cookies, Interactive Entertainment and other online marketers can track individuals' Web browsing and shopping activities. gain access to competitors' servers. "sweet talk" consumers into buying certain products. attack competitors' Web sites.

track individuals' Web browsing and shopping activities.

Without authorization, Java Joe uses the trademark of The Best Coffee Company to help promote his cheap, flavorless coffee candy, which is not at all similar to The Best's products. Therefore, it diminishes the distinctive quality of the coffee company's mark. This is an example of cybersquatting. typosquatting. trademark infringement. trademark dilution.

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 Corporation disciplines Odell, and then fires her after a second transgression. This is a violation of the Stored Communications Act. within the employer's rights. illegal under the CAN-SPAM act. a "business-extension exception" under the Act.

within the employer's rights.

Broadband Inc., an Internet service provider, supplies information to the Federal Trade Commission concerning possible unfair or deceptive ads originating in a foreign jurisdiction. Which federal law would apply in this case? The CAN-SPAM Act. U.S. Safe Web Act. The Federal Trade Commission Act The ACPA Act.

U.S. Safe Web Act.

Outsourcing Inc. registers a domain name that is the same as the trademark of Resourcing LLC, and offers to sell the name to the mark's owner, Resourcing LLC. This is an example of cybersquatting. typosquatting. trademark infringement. trademark dilution.

cybersquatting.

More than half of the states have enacted some type of legislation that allows the employers to ask employees and prospective employees their social networking passwords. prevents employers from asking employees or prospective employees their social media passwords. punishes employees for content posted on social media that may be offensive. punishes employers who simply look at social media of employees or prospective employees.

prevents employers from asking employees or prospective employees their social media passwords.

Sales Corps Inc. provides tablets for its employees to use "in the ordinary course of its business." Sales Corps Inc. intercepts the employees' personal communications made on these devices. Under the Electronic Communications Privacy Act, this is1 prohibited for the employer. a matter for which an employer must obtain employees' consent a subject for dispute resolution by an Internet service provider. permissible by the employer.

prohibited for the employer.

CallTalk Corporation, a phone calling service, uses its mark "calltalk" as its domain name. Later, Converse Inc. uses the domain name "caltalk" (a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell sexually explicit phone conversations. This is an example of a legitimate marketing technique. a fair use. a license. trademark dilution.

trademark dilution.

Afford Motors LLC, an auto broker, uses the trademark of Ford Motor Company in a meta tag without Ford's permission. This is an example of cybersquatting. typosquatting. trademark infringement. trademark dilution

trademark infringement.

Under the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, which of these would be allowed? Using false statistics about a product on an advertisement. Sending a randomly generated email advertisement to someone. Using a false return email or actual address on an advertisement. Mailing a seasonal coupon out to a previous customer.

Mailing a seasonal coupon out to a previous customer.

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. Payback Inc. should first file a suit against the anonymous users. gain unauthorized access to Q Web's servers. file a suit against Q Web. ask the U.S. Department of Justice for a subpoena.

file a suit against the anonymous users.

To test computer security and conduct encryption research, Solutions Inc., was hired by Tech Corporation to circumvent the encryption software and other antipiracy protection of Tech Corporation's software. Under the Digital Millennium Copyright Act, this is: (choose all applicable answers) a violation of copyright law. allowed under the research exception of the act. a "fair use" exception to the provisions of the act. permitted for reconsideration every three years.

a "fair use" exception to the provisions of the act.

Burger Corporation allows its trademark to be used as part of a domain name for Burger NY Inc., an unaffiliated company. Burger NY Inc. does not obtain ownership rights in the mark. This is an example of trademark infringement. a license. trademark dilution. fair use.

a license.

Rue obtains permission from Saga Corporation to use the firm's game app, Boggle, on their mobile devices. Rue does not obtain any ownership rights in the app. This is an example of a license. a cookie. cloud computing. a violation of the law.

a license.

Basso includes in his song "Chords" a few seconds of Dante's copyrighted sound recording "Etudes" without permission. Some federal courts have found that such digital sampling could be: (choose all applicable answers) a violation of copyright law. a "fair use" exception to the act. a "research exception" of the act. a personal protection exception of the act.

a violation of copyright law. a "fair use" exception to the act.

Posting on social media can affect: (choose all applicable answers) damages awarded in a lawsuit. prior settlement agreements. criminal investigations. an employee's hourly wage. a person's internet ranking.

damages awarded in a lawsuit. prior settlement agreements. criminal investigations.

In response to combatting spam, thirty-seven states have enacted laws to prohibit or regulate it. enacted laws to permit its use by business entities. allowed its use by individuals. deferred to federal law alone.

enacted laws to prohibit or regulate it.

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 if the appropriating site is not connected with the original site. if the two sites appear in the same search engine results. if the use constitutes trademark infringement. if it is shown to be reasonably necessary for BeFriend's business.

if it is shown to be reasonably necessary for BeFriend's business.

Pia registers a domain name—quallitytires.com—that is confusingly similar to the domain name qualitytires.com used by Quality Tires Inc. Quality Tires Inc. also owns the trademark of quality tires. Pia has a "bad faith intent" to profit from the domain name by selling it to Quality Tires. This would be a legitimate business practice. illegal by cybersquatting. a bid to obtain a license. a trademark dilution.

illegal by cybersquatting.

Volatile Investments Inc. sends e-mail ads to all e-mail address they can find on the Web, or otherwise generate with software. Under the CAN-SPAM Act, Volatile's marketing method may be permitted. is prohibited. must be reviewed. is preempted.

is prohibited.

Mix Restaurant Corporation owns the trademark "Mix." Remix Café Company begins to use the mark without authorization as their domain name. Mix files a suit against Remix on a theory of trademark dilution. This claim requires proof that no proof is necessary. consumers are confused by the names. the products involved are too similar. Mix has registered all variations of the domain "Mix."

no proof is necessary.

Mobile Device Company (MDC) discovers that defamatory statements about its products are being posted in an online forum. NuView Inc., the Internet service provider, whose users are posting the messages, can disclose the poster's identity only when ordered to do so by a court. whenever and however the provider chooses. if the poster has posted something offensive to the provider. in no circumstances could they disclose.

only when ordered to do so by a court.

Employees, clients, and others with authorization, use World Transport Corporation's network around the globe to share computer files. This is: (choose all applicable answers) an invasion of privacy. peer-2-peer (P2P) networking. digital sampling. a distributed network.

peer-2-peer (P2P) networking. a distributed network.

The employees of Eco Engineering Inc. share company-related resources among multiple computers without requiring a central network server. This is an example of: digital sampling. BitTorrent. cloud computing. peer-to-peer (P2P) networking.

peer-to-peer (P2P) networking.

Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for: (choose all applicable answers) the motion picture industry. recording artists and their labels. the companies that distribute file-sharing software. there are no problems as a result of file-sharing.

recording artists and their labels. the companies that distribute file-sharing software. there are no problems as a result of file-sharing.

The law that applies to ISPs and protects them from liability for posting defamatory statements from a third party is the CAN-SPAM Act. the Digital Millennium Copyright Act. ICANN Communications Decency Act.

Communications Decency Act.

Grain Mill Company brings a suit against Milled Grain Company under the Anticybersquatting Consumer Protection Act (ACA), alleging that Milled Grain is profiting from a domain name that is confusingly similar to Grain Mill's trademark. If Grain Mill is successful, their recovery may include actual damages and profits. statutory damages no greater than $1,000. statutory damages no less than $100,000. no damages are allowed.

actual damages and profits.

Jay transfers downloaded musical recordings, without the copyright owners' authorization, from his phone to his friends' phones. Jay does not charge his friends for his "service," nor did he pay for downloading the music. This is an example of copyright infringement. a license. goodwill. "fair use."

copyright infringement.

Dana downloads music into her computer's cloud memory without authorization. This is copyright infringement. within Dana's rights. liability for the computer manufacturer. trademark infringement.

copyright infringement.