Chapter 17 Flashcards
The sale, lease, or licensing of goods and services using the internet.
electronic commerce (e-commerce)
contract entered into by the parties use of email
email contract
contract entered into by the parties use of text messaging
text contract
contract that is entered into electronically.
electronic contract
A contract entered into by purchasing, leasing, or licensing goods, services, software, or other intellectual property from websites operated by sellers, lessors, and licensors.
web contract
A computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.
electronic agent
A federal statute that (1) recognizes electronic contracts as meeting the writing requirement of the Statute of Frauds and (2) recognizes and gives electronic signatures— e-signatures—the same force and effect as handwritten, pen-inscribed signatures on paper.
Electronic Signatures in Global and National Commerce Act (E-SIGN Act)
A signature that is inscribed using an electronic means.
e-signature
A contract that transfers limited rights in intellectual property and information rights.
license
An owner of intellectual property or information rights who transfers rights in the property or information to the licensee
licensor
A party who is granted limited rights in or access to intellectual property or information rights owned by a licensor.
licensee
A license in which, for the specified duration of the license, the licensor will not grant to any other person rights to the same information.
exclusive license
A contract whereby the owner of a software or a digital application grants limited rights to the owner of a computer or digital device to use the software or digital application for a limited period and under specified conditions.
e-license
The owner of a software program or digital application that grants a license to someone to use the software program or digital application.
e-licensor
The owner of a computer or digital device to whom an electronic license (e-license) is granted to use another’s software program or digital application.
e-licensee
A detailed and comprehensive written agreement between a licensor and a licensee that sets forth the express terms of their agreement.
licensing agreement
A federal statute that curbs abusive telemarketing calls, texts, and faxes
Telephone Consumer Protection Act (TCPA)
A federal administrative agency that is empowered to enforce the Telephone Consumer Protection Act (TCPA) and to adopt rules and regulations to implement the law.
Federal Communications Commission (FCC)
federal statute that provides protections against illegal robocalls, spam calls and texts, and malicious caller ID spoofing.
Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act)
A federal statute that authorized the Federal Trade Commission (FTC) to create a registry on which consumers can place their names and personal mobile or residential telephone numbers to prevent most unsolicited commercial telephone calls and texts.
Do-Not-Call Implementation Act
A federal administrative agency that created and administers the National Do-Not-Call Registry.
Federal Trade Commission (FTC)
A federal registry on which consumers can place their names and personal wireless or land line telephone numbers to prevent unsolicited telemarketing and commercial telephone calls and texts.
National Do-Not-Call Registry
A federal statute that places certain restrictions on persons and businesses that send unsolicited commercial advertising (spam) to email accounts, prohibits falsified headers, prohibits deceptive subject lines, and requires spammers to label sexually oriented email as such.
Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act)
companies that provide consumers and businesses with access to the internet
Internet Service providers (ISPs)
federal statute stating that internet service providers are not liable for the content transmitted over their networks by email users and websites.
Communications Decency Act
A unique name that identifies an individual’s or company’s website.
domain name
a private nonprofit organization that oversees the registration and regulation of domain names.
Internet Corporation for Assigned Names and Numbers (ICANN)
A domain extension at the highest level in the hierarchical domain name system of the internet.
top-level domain (TLD)
A domain that is not restricted to any geographic or country designation
generic top-level domain (gTLD)
A top-level domain that is assigned to a country, territory, or sovereign state.
country code top-level domain (ccTLD)
A situation that occurs when a party registers a domain name that is the same as another party’s trademarked name or a famous person’s name
cybersquatting
A federal statute that permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith.
Anticybersquatting Consumer Protection Act (ACPA)
