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BU 231 > Chpt 31: E-commerce > Flashcards

Chpt 31: E-commerce Flashcards

E-Commerce

1
Q

What is e-commerce?

A

The delivery of products, services, information, and payments by telephone, computer or other automated media

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2
Q

What is the difference between click wrap and browse wrap?

A

Click wrap - Forces you to click through terms and conditions

Browse wrap - Gives you the option to read them if you want

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3
Q

What does PIPEDA stand for?

A

Personal Information Protection and Electronics Document Act

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4
Q

Why is PIPEDA important for contract law?

A
  • Allows electronic contracts or notices be used as an alternative to written ones
  • Recognizes the legality of electronic documents and signatures
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5
Q

Why is the Uniform Electronic Commerce Act important for contract law?

A
  • Information in electronic form has legality, enforceable, and can satisfy a written requirement
  • Legalizes e-signatures
  • Offer, acceptance and other parts of a contract may be done electronically
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6
Q

How does the Consumer Protection Act protect customers?

A

Makes a contract unenforceable unless the customer receives an un-editable copy (e.g. PDF)

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7
Q

What are some Tor Issues related to E-Commerce?

A
  • For Negligent Misrepresentation (e.g. customer testimonies) who do you have your duty of care to? How Big is the victim pool?
  • Fraud becomes much easier in the digital world
  • Does hyperlinking a defamatory document count as defamation? Only if it opens in the same window, in which case you are liable since you are publishing it
  • You also have a duty to protect your clients and their information, otherwise it is negligent security
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8
Q

What is a trademark?

What is trademark infringement?

A

A distributive mark used to distinguish a product or service from others

Infringement of a trademark is use of that trademark or of a confusingly similar mark

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9
Q

How does the internet effect trademark law

A

Becomes easier to detect infringement

Unauthorized linking to a website may also be infringement as it associates the brand with the linker

Confusingly similar domain names can also be considered infringement

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10
Q

What is cybersquatting?

A

The act of purchasing a domain name associated with the trademark of another person with the intention of selling it back to the person for money

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11
Q

What is copyright?

What is a work?

What is copyright infringement?

A

The right given to a creator of a work to exclusively copy, produce or distribute that work for his/her life + 50 years

A work is any original dramatic, literary, musical or artistic creation, published or unpublished including the title

Anyone who copies, distributes or uses a work without permission from the copyright holder is infringing on copyright

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12
Q

What is considered fair use?

A 
Research
Private study
Education
Parody
Satire 
Criticism 
Review 
News Reporting
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13
Q

What is the YouTube Exception?

A

Using copyrighted materiel for personal use is okay as long as you aren’t gaining from it

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14
Q

What should you keep in mind while analyzing copyright cases

A
  1. Is it fair use

2. Was a fair amount used

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15
Q

How are the ways a copyright owner can license their work to others?

A
  • Royalties
  • Tariffs
  • Collective Societies (the owner can license to a collective, who licenses out their entire inventory, fees paid back to owners)
  • Canadian Copyright Board (the board sets a tariff for licensing)
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16
Q

How to copyright tariffs work?

A
  • When communicating works to the public, tariffs are levied from audio equipment and distribution companies
17
Q

How can copyright owners block others from their work?

A
  • TPMs (Technical protection measures) and DRMS (Digital rights management systems
  • Copyright Act prohibits circumventing TPMs and DRMSs
  • ISPs duty to notify
  • WIPO
18
Q

What are TPMs?

What are DRMS

A

TPMs are access or use locks on that deny access or certain uses of a work without permission

DRMS collect data on payment for, licenses and authenticity of a work

19
Q

How long does a patent last?

A

20 years

20
Q

What qualifies for a patent?

A

A new/novel/useful product, composition, machine, process or improvement

21
Q

What are the important points of the Patent Act?

A
  • Defines application process, opposition and re-exmination of patents
  • Defines prioritization of first applicant
22
Q

T/F: Finding a new use for a patent qualifies it for renewal

A

True

23
Q

What does PIPEDA stand for?

A

Personal Information Protection and Electronic Documents Act

24
Q

Who does PIPEDA apply to?

A

Any organization that collects, uses or discloses personal information in the course of its business activities

25
Q

What are the four main points of PIPEDA?

A

1) Organizations are required to develop and publish privacy policies and have a privacy person
2) You must obtain consent to use or disclose a person’s information
3) Individuals have the right to inspect personal information companies have of them and have it corrected
4) Personal information must be securely stored used and destroyed

26
Q

Is spam legal in Canada?

A

No, under Canada’s Anti-Spam Legislation it is illegal to send a commercial electronic message without the consent of the recipient

Fines up to $10 000 000 may be applied

27
Q

What is considered implied consent under CASL?

A

1) The recipient transacted with the business within 2 years
2) The business and recipient were parties to a written contract within the last 2 years
3) The business received an inquiry from the recipient within the last 2 years

28
Q

What is an important exception to CASL?

A

If a matter of compliance is being investigated, ISPs may turn over information to authorities

29
Q

According to GAP, who do you have to disclose privacy breaches to?

A

The privacy commissioner, NOT the owner

30
Q

Why are FIPA and HIPA important?

A

More serious punishments and stricter reporting rules for information the government has and healthcare information

BU 231 (11 decks)

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