Chapter 9 BLAW Guide

Global Reach Corporation uses invisible files created on the computers, smartphones, and other mobile devices of visitors to its Web sites to track the users' browsing activities. These files are a. licenses. b. cookies. c. cloud computing. d.a violation of the law

b. cookies.

Keisha is an employee of Leeway Corporation. She uses social media in a way that violates her employer's stated social media policies. Leeway first disciplines its employee and then, after a second transgression, fires her. This a. is a violation of Keisha's rights as an employee. b. is within Leeway's rights as an employer. c. is a subject for dispute resolution by the social media that Keisha used. d. falls under the "business-extension exception" to the Electronic Communications Privacy Act.

b. is within Leeway's rights as an employer.

Rowan registers a domain name—sweetfriedpotatos.com—that is a misspelling of a popular brand—sweetfriedpotatoes.com. This is a. cybersquatting. b. typosquatting. c. trademark infringement. d. trademark dilution.

b. typosquatting

To test computer security and conduct encryption research, Tech Solutions Inc. circumvents the encryption software and other technological antipiracy protection of United Business Corporation's software. 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

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

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.

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.

Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google's permission. This is a. cybersquatting. b. typosquatting. c. trademark infringement. d.trademark dilution

c. trademark infringement.

Auto Maker Components LLC is an employer based in Michigan. Michigan state law prohibits employers from taking adverse action against an employee or job applicant based on what the person has posted online. This applies to a. social media sites. b. e-mail accounts. c. cloud storage accounts. d. all of the choices.

d. all of the choices.

Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for a. the motion picture industry. b. recording artists and their labels. c. the companies that distribute file-sharing software. d. all of the choices.

d. all of the choices.

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

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. true/false

False

Downloading music into a computer's random access memory, or RAM, is not copyright infringement, even if it is done without authorization. true/false

False

Employers cannot monitor employees' electronic communications made in the ordinary course of business true/false

False

Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized true/false

False

Federal law permits the intentional interception of any wire, oral, or electronic communication true/false

False

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

False

Federal law prohibits the Federal Trade Commission from cooperating and sharing information with foreign agencies in investigating and prosecuting those involved in spamming true/false

False

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

False

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

False

Social media posts have no uses in litigation. true/false

False

Social media users can post trademarked images or copyrights materials without infringing the owners' rights, even if it is done without permission true/false

False

The Anticybersquatting Consumer Protection Act applies to most, but not all, domain name registrations of trademarks true/false

False

Using a domain name that is identical or similar to the trademark of another is legal. true/false

False

Using another's trademark in a meta tag does not normally constitute trademark infringement, even if it is done without the owner's permission true/false

False

A licensor might grant a license allowing a trademark to be used as part of a domain name true/false

True

An employer may have a right to terminate a person based on his or her violation of the employer's social media policy true/false

True

Cyber torts are torts that arise from online conduct true/false

True

Employees' posts on social media may be protected under labor laws. true/false

True

Federal law prevents a provider of communication services—such as a cell phone company—from divulging private communications to certain entities and individuals. true/false

True

Federal wiretapping law covers electronic forms of communication true/false

True

In an attempt to combat spam, thirty-six states have enacted laws that prohibit or regulate its use true/false

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/false

True

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

True

Law enforcement uses social media to detect and prosecute criminals true/false

True

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

True

Penalties exist for anyone who circumvents encryption software or other technological antipiracy protection true/false

True

Social media posts are routinely included in discovery in litigation true/false

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/false

True

The manufacture, import, sale, and distribution of devices or services for the circumvention of encryption software is prohibited. true/false

True

To maintain a suit for the invasion of privacy, a person must have a reasonable expectation of privacy in the particular situation true/false

True

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

True

A claim of trademark dilution requires proof that consumers are likely to be confused by a connection between the unauthorized use and the mark true/false

False

A company can distribute file-sharing software with the object of promoting its use to infringe copyrights without liability for the resulting acts of infringement by its users true/false

False

An Internet service provider is liable for any act of copyright infringement by its customer true/false

False

Riley obtains permission from Saga Company to use the firm's game app on Riley's smartphone, tablet, and other mobile device. But Riley does not obtain ownership rights in the app. This is a. a license. b. a cookie. c. cloud computing. d. a violation of the law.

a. a license.

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.

Mobile Device Company (MDC) discovers that defamatory statements about its policies and products are being posted in an online forum. NuView Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. MDC should a. bring a suit against "John Doe" and use the authority of the court to obtain the identity from NuView. b. bring a suit against NuView for publishing the statements. c. counter the statements with its own posts in an effort to enhance the company's goodwill. d.post defamatory statements about NuView and its users

a. bring a suit against "John Doe" and use the authority of the court to obtain the identity from NuView.

Dona downloads music into her computer's random access memory, or RAM, without authorization. This is a. copyright infringement. b. within Dona's rights as a computer user. c. a basis of liability for the computer maker if it does not act against Dona. d. none of the choices.

a. copyright infringement.

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.

Tech Outsourcing, Inc., registers a domain name that is the same as, or confusingly similar to, the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing. This is a. cybersquatting. b. typosquatting. c. trademark infringement. d. trademark dilution.

a. cybersquatting

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. 11. Refer to Fact Pattern 9-2. 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.

Zoe and other users of Facebook and other social networking sites post trademarked images and copyrighted materials on these sites without permission. This a. is a violation of the intellectual property rights of the owners of the images and materials. b. is within the rights of the users of social networks. c. is a subject for dispute resolution by the providers of the social networks. d. falls under the "business-extension exception" to the Electronic Communications Privacy Act.

a. is a violation of the intellectual property rights of the owners of the images and materials.

Refer to Fact Pattern 9-1. Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business. Thirty-six states a. prohibit or regulates the use of spam. b. require the use of spam by business entities. c. ban the use of spam altogether. d. preempt the application of state law to commercial e-mail.

a. prohibit or regulates the use of spam.

To protect domain name rights from would-be cybersquatters and typosquatters, AgriBusiness Inc. and other large corporations may have to a. register thousands of domain names across the globe. b. pay the owners of Web sites with identical or confusingly similar domain names for the number of unique visits, or hits, to the sites. c. change their domain names to avoid identical or confusingly similar domain names. d. change their trademarks to avoid identical or confusingly similar domain names.

a. register thousands of domain names across the globe.

Copious Bounty, 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 a. the companies that own the sites and the apps. b. retailers who have had to change their procedures to compete. c. spammers, cybersquatters, and typosquatters. d. Internet service providers.

a. the companies that own the sites and the apps.

Refer to Fact Pattern 9-2. 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.

Refer to Fact Pattern 9-1. One of the advertisers—either Sound Financials or Instable Investments—is acting within the bounds of federal law. Federal law permits the sending of a. unsolicited commercial e-mail. b. solicited commercial e-mail only. c. commercial e-mail to randomly generated addresses. d.commercial e-mail to addresses "harvested" from Web sites through the use of specialized software

a. unsolicited commercial e-mail.

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.

Justin's posts on Facebook provide information that establishes his intent and what he knew at a particular time, indicating potential liability. For this and other reasons, social media posts are often a. included in discovery in litigation. b. used by law enforcement to detect and prosecute criminals. c. used by federal regulators in investigations into illegal activities. 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.

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.

Oversight Corporation monitors employees' electronic communications made in the ordinary course of business. This a. is a violation of the rights of Oversight's employee. b. is within Oversight's rights as an employer. c. is a subject for dispute resolution by the communications providers that Oversight uses. d. falls under the "business-extension exception" to the Electronic Communications Privacy Act.

d. falls under the "business-extension exception" to 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.

Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Instable Investments, Inc., sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate. 1. Refer to Fact Pattern 9-1. In those states with antispam laws, federal law a. prohibits or regulates the use of spam. b. requires the use of spam by business entities. c. bans the use of spam altogether. d. preempts the application of state law to commercial e-mail with certain exceptions.

d. preempts the application of state law to commercial e-mail with certain exceptions.

Refer to Fact Pattern 9-2. 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

Without authorization, Brady uses the trademark of Ciera Coffee Company to promote cheap, flavorless candy, which is not similar to Ciera's products but diminishes the quality of the coffee company's mark. This is a. cybersquatting. b. typosquatting. c. trademark infringement. d. trademark dilution.

d. trademark dilution