FINAL EXAM SG 4 PT 2

Question 1

how does one create and maintain a trade secret

Answer 1

dont tell, and protected by common law and most states have laws based on uniform trade secrets act

Question 2

what are the international governing IP

Answer 2

Paris convention, Berne convention, Trade related aspects of IP rights, madrid protocol, and anti-counterfeiting trade agreement

Question 3

allows members countries to file for patent and trademark protection in other member counties

Answer 3

paris convention

Question 4

If a US citizen write a book, members countries must acknowledge their copyright

Answer 4

Berne convention

Question 5

establishes standards for international protections of IP aboard and effective remedies for vioaltions of the rights

Answer 5

Trade related aspects of IP rights (TRIPS)

Question 6

intil treaty that says a US company can register its trademark abroad with asingle application and designate other member countries where it wants the mark to be valid

Answer 6

madrid protocol

Question 7

increase intil cooperation, facilitate best law enforcement practices, provide legal framework to combat counterfeiting

Answer 7

anti-counterfeiting trade agreement (ACTA)

Question 8

there are state regulations that implement software to detect patterns to put spam in isolated folders

Answer 8

junk emails

Question 9

enacted to preempt state laws except provisons in state law that prohibit false and deceptive e-mailing practices

Answer 9

CAN-SPAM act

Question 10

allows FTC to cooperate with foregin agencies in investigating those involved ins spam and internet fraud

Answer 10

US safe web act

Question 11

snippets of text that describe the content of a page, appear in the code of the page but maybe not the page itself

Answer 11

metatag

Question 12

letters and symbols used to identify a site on the internet, overseen by ICAAN

Answer 12

DOMAIN name

Question 13

registering domain anme that is the same or confusingly similar to the trademark of another then offering to sell it back to the owner of the trademark

Answer 13

cybersquatting

Question 14

cybersquatting relies on mistakes made by internet users when putting info into web browser

Answer 14

typosquatting

Question 15

preempts state anti spam laws except those that prohibit spam emailing 36 states have enacted stuautes to prohibit or regulate spam use

Answer 15

this is how law tried to address spam with CAN-SPAM act

Question 16

congress passed the anticybersquatting consumer protection act that amended the lanham act. ACAPA makes cybersquatting illegal when a name is identical or confusingly similar to TM of another or one registering domain name has bad intent to profit from someone elses TM

Answer 16

this is how the law addressed cybersquatting and typosquaatting

Question 17

ICANN act allows trademark holders with infringment claims to obtain rapid relief thorugh

Answer 17

uniform rapid suspension

Question 18

Metatags are useful because hey

Answer 18

narrow down search results

Question 19

using another’s TM in a metatag counts as infringement UNLESS

Answer 19

use is reasonably necessary and doesnt suggest the owner authorized the use

Question 20

how are the IP issues different on social media

Answer 20

users can post infringed images or copyrighted materials without permission, makes it easy to infringe

Question 21

what can happen with social media posts

Answer 21

they can cause incrimination. Example: kid on NYE bragged about being drunk then hit a car at 19, social media is public and fair game

Question 22

the problem with employment and soical media is that employers

Answer 22

cannot fully control what employees post on social media regarding their workpalce, but they can implement codes of conduct

Question 23

amended federal wiretapping to law to cover electronic communications in addition

Answer 23

electronic communications privacy act

Question 24

exceptions of ECPA (electronic communications privacy act)

Answer 24

electronic communications an employer provides for use in ordinary course of business or business use exception allows employers to monitor employee electronic communciations in the oridnary course of business

Question 25

prohibts intentional and authorized access to electronic communications and sets criminal sanctions for violators

Answer 25

Stored communications act

Question 26

can employers demand passwords

Answer 26

no, legislation that protects people from having to share their passwords is common now

Question 27

publication to someone else of a false statement that harms reputation

Answer 27

online defamation

Question 28

if a website hosts defamation can it be liable?

Answer 28

No, ISPs arent liable for defamatory statements that come from a third party which is protected under the communciations decency act

Question 29

ISPs that violate federal or criminal law are liable for situations in which they know the violation on their site and dont try to actively kick off user

Answer 29

in this case protection is not absolute

Question 30

what changes for privacy protection once we are online

Answer 30

it varies based on the settings you use, what terms of service youve agreed to, most of the time youre being tracked with cookies

Question 31

bill of rights, must have reasonable expectation of

Answer 31

privacy in particular situations to be protected

Question 32

what are the pros and cons of cookies

Answer 32

pros: personalized online experience, services, cons: privacy concerns

Question 33

obama administration proposed consumer privacy bill of rights to apply offline and online that establishes

Answer 33

individual control, transparency, respect for context, security, access, and accuracy, focus collection, accountability

Question 34

investigates consumer complaints of privacy violations

Answer 34

federal trade commission (ex: google settled with FTC for using safari to monitor users that had blocked tracking )

Question 35

figure out whats right versus wrong

Answer 35

ethics

Question 36

corporations have evolved to be viewed as corporate citizens in society instead of

Answer 36

profit maximization machines

Question 37

ethics is what you should do whereas law in business is what you must do, comliance with the law is not always enough to

Answer 37

determine the right behaviro

Question 38

baseline following the law, doesnt capture eveyrthing ethics might consider

Answer 38

moral minimum

Question 39

even if one thinks its best to have all fight for profit, what might happen if major ethics violations persist

Answer 39

public notices copmanies that have poor practices and often dont buy from them anymroe

Question 40

requires companies to set up confidential systems so that employees and others can raise red flags about suspected illegal or unethical auditing and accounting practices

Answer 40

Sarbanes-oxley act

Question 41

profits, effect on people, and effect on planet is considered the

Answer 41

Triple bottom line

Question 42

covers the rules and expectations inside the copmany that link ethics and law

Answer 42

codes of conduct