Blaw EXTRA CREDIT chapter 9

trademark infringement

Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google's permission. This is

false

Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.

false

Federal law permits the intentional interception of any wire, oral, or electronic communication.

false

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

true

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

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

Federal wiretapping law covers electronic forms of communication.

cookies

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

true

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

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.

a violation of copyright law

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

track individuals' Web browsing activity

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

true

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

all of the choices

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

is within Leeway's rights as an employer

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

true

Law enforcement uses social media to detect and prosecute criminals.

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

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

false

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

false

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

excluded from the coverage of the Electronic Communications Privacy Act.

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

true

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

unless OntheWeb is aware of Phoebe's violation.

OntheWeb Company is an Internet service provider. OntheWeb's customer Phoebe commits copyright infringement. OntheWeb is not liable for Phoebe's activity

falls under the "business-extension exception" to the Electronic Communications Privacy Act.

Oversight Corporation monitors employees' electronic communications made in the ordinary course of business. This

four states

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

true

Penalties exist for anyone who circumvents encryption software or other technological antipiracy protection.

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

Refer to Fact Pattern 9-1. In those states with antispam laws, federal law

unsolicited commercial email

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

prohibit or regulates the use of spam

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

goodwill

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

trademark dilution

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

the true identity of the owner of the unauthorized site

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 license

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

typosquatting

Rowan registers a domain name—sweetfriedpotatos.com—that is a misspelling of a popular brand—sweetfriedpotatoes.com. This is

using the authority of the court

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

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

true

Social media posts are routinely included in discovery in litigation.

false

Social media posts have no uses in litigation.

false

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

copyright infringement

Stefano transfers copyrighted music recordings, without the copyright owners' authorization, to his friends. This is

cybersquatting

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

false

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

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

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

true

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

register thousands of domain names across the globe.

To protect domain name rights from would-be cybersquatters and typosquatters, AgriBusiness Inc. and other large corporations may have to

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

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

false

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

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

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

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

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

Zoe and other users of Facebook and other social networking sites post trademarked images and copyrighted materials on these sites without permission. This

false

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

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

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

false

An Internet service provider is liable for any act of copyright infringement by its customer.

true

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

a violation of the Stored Communications Act

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

all of the choices

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

if the use is reasonably necessary

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

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 license

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 safe harbor

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

the companies that own the sites and the apps

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

true

Cyber torts are torts that arise from online conduct.

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 occurs when key words are inserted into the hyper text markup language code to tell Internet browsers specific information about a Web page.

copyright infringement

Dona downloads music into her computer's random access memory, or RAM, without authorization. This is

false

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

true

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

false

Employers cannot monitor employees' electronic communications made in the ordinary course of business.