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)
