FINAL EXAM SG 4 PT 2 Flashcards
how does one create and maintain a trade secret
dont tell, and protected by common law and most states have laws based on uniform trade secrets act
what are the international governing IP
Paris convention, Berne convention, Trade related aspects of IP rights, madrid protocol, and anti-counterfeiting trade agreement
allows members countries to file for patent and trademark protection in other member counties
paris convention
If a US citizen write a book, members countries must acknowledge their copyright
Berne convention
establishes standards for international protections of IP aboard and effective remedies for vioaltions of the rights
Trade related aspects of IP rights (TRIPS)
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
madrid protocol
increase intil cooperation, facilitate best law enforcement practices, provide legal framework to combat counterfeiting
anti-counterfeiting trade agreement (ACTA)
there are state regulations that implement software to detect patterns to put spam in isolated folders
junk emails
enacted to preempt state laws except provisons in state law that prohibit false and deceptive e-mailing practices
CAN-SPAM act
allows FTC to cooperate with foregin agencies in investigating those involved ins spam and internet fraud
US safe web act
snippets of text that describe the content of a page, appear in the code of the page but maybe not the page itself
metatag
letters and symbols used to identify a site on the internet, overseen by ICAAN
DOMAIN name
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
cybersquatting
cybersquatting relies on mistakes made by internet users when putting info into web browser
typosquatting
preempts state anti spam laws except those that prohibit spam emailing 36 states have enacted stuautes to prohibit or regulate spam use
this is how law tried to address spam with CAN-SPAM act
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
this is how the law addressed cybersquatting and typosquaatting
ICANN act allows trademark holders with infringment claims to obtain rapid relief thorugh
uniform rapid suspension
Metatags are useful because hey
narrow down search results
using another’s TM in a metatag counts as infringement UNLESS
use is reasonably necessary and doesnt suggest the owner authorized the use
how are the IP issues different on social media
users can post infringed images or copyrighted materials without permission, makes it easy to infringe
what can happen with social media posts
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
the problem with employment and soical media is that employers
cannot fully control what employees post on social media regarding their workpalce, but they can implement codes of conduct
amended federal wiretapping to law to cover electronic communications in addition
electronic communications privacy act
exceptions of ECPA (electronic communications privacy act)
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
prohibts intentional and authorized access to electronic communications and sets criminal sanctions for violators
Stored communications act
can employers demand passwords
no, legislation that protects people from having to share their passwords is common now
publication to someone else of a false statement that harms reputation
online defamation
if a website hosts defamation can it be liable?
No, ISPs arent liable for defamatory statements that come from a third party which is protected under the communciations decency act
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
in this case protection is not absolute
what changes for privacy protection once we are online
it varies based on the settings you use, what terms of service youve agreed to, most of the time youre being tracked with cookies
bill of rights, must have reasonable expectation of
privacy in particular situations to be protected
what are the pros and cons of cookies
pros: personalized online experience, services, cons: privacy concerns
obama administration proposed consumer privacy bill of rights to apply offline and online that establishes
individual control, transparency, respect for context, security, access, and accuracy, focus collection, accountability
investigates consumer complaints of privacy violations
federal trade commission (ex: google settled with FTC for using safari to monitor users that had blocked tracking )
figure out whats right versus wrong
ethics
corporations have evolved to be viewed as corporate citizens in society instead of
profit maximization machines
ethics is what you should do whereas law in business is what you must do, comliance with the law is not always enough to
determine the right behaviro
baseline following the law, doesnt capture eveyrthing ethics might consider
moral minimum
even if one thinks its best to have all fight for profit, what might happen if major ethics violations persist
public notices copmanies that have poor practices and often dont buy from them anymroe
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
Sarbanes-oxley act
profits, effect on people, and effect on planet is considered the
Triple bottom line
covers the rules and expectations inside the copmany that link ethics and law
codes of conduct
