Internet Law, Social Media, Privacy (Chapter 9)

Question 1

Rowan registers a domain name—sweetfriedpotatos.com—that is a misspelling of a popular brand—sweetfriedpotatoes.com. This is

Answer 1

typosquatting.

Question 2

OntheWeb Company is an Internet service provider. OntheWeb’s customer Phoebe commits copyright infringement. OntheWeb is not liable for Phoebe’s activity

Answer 2

unless OntheWeb is aware of Phoebe’s violation.

Question 3

Global Reach Corporation uses invisible files created on the computers, smartphones, and other mobile devices of visitors to its Web sites to track the users’ browsing activities. These files are

Answer 3

b. cookies.

Question 4

Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for

Answer 4

a. the motion picture industry.
b. recording artists and their labels.
c. the companies that distribute file-sharing software.

Question 5

The employees of The Car Company share company-related resources among multiple computers without requiring a central network server. This is

Answer 5

c. cloud computing.

Question 6

InfoFree Inc. makes and sells devices and services for the circumvention of encryption software and other technological antipiracy protection. Under the Digital Millennium Copyright Act, this is

Answer 6

a violation of copyright law.

Question 7

Omni Corporation provides cell phones, laptops, and tablets for its employees to use “in the ordinary course of its business.” Omni intercepts the employees’ business communications made on these devices. This is

Answer 7

excluded from the coverage of the Electronic Communications Privacy Act.

Question 8

Dana downloads music into her computer’s random access memory, or RAM, without authorization. This is

Answer 8

copyright infringement.

Question 9

Keisha is an employee of Leeway Corporation. She uses social media in a way that violates her employer’s stated social media policies. Leeway first disciplines its employee and then, after a second transgression, fires her. This is

Answer 9

within Leeway’s rights as an employer.

Question 10

Employees, clients, and others with authorization use World Transport Corporation’s network around the globe to share computer files. This is

Answer 10

a distributed network.

Question 11

Oversight Corporation monitors employees’ electronic communications made in the ordinary course of business. This is

Answer 11

a “business-extension exception” under the Electronic Communications Privacy Act

Question 12

Stefano transfers copyrighted music recordings, without the copyright owners’ authorization, to his friends. This is

Answer 12

copyright infringement.

Question 13

Eve and other users of Facebook and other social networking sites post trademarked images and copyrighted materials on these sites without permission. This is

Answer 13

a violation of the intellectual property rights of the owners of the images and materials.

Question 14

Stig includes in his song “Sneaky” a few seconds of Wily’s copyrighted sound recording “Wits” without permission. Some federal courts have found that such digital sampling is

Answer 14

a. violation of copyright law.

b. a “fair use” exception to the provisions of the act.

c. not a “fair use” exception to the provisions of the act.

Question 15

Riley obtains permission from Saga Company to use the firm’s game app on Riley’s smartphone, tablet, and other mobile device. But Riley does not obtain ownership rights in the app. This is

Answer 15

license

Question 16

Sales & Revenue, Inc., discovers that defamatory statements about its policies and products are being posted in an online forum. TransWeb Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. Sales & Revenue files a suit against the anonymous users. The plaintiff can obtain from TransWeb the identity of the persons responsible for the defamatory messages by

Answer 16

using the authority of the court.

Question 17

To protect domain name rights from would-be cybersquatters and typosquatters, AgriBusiness Inc. and other large corporations may have to

Answer 17

register thousands of domain names across the globe.

Question 18

Call&Talk’s use of the domain name “calltalk,” without CallTalk’s authorization, to sell pornographic phone conversations, is

Answer 18

d. trademark dilution.

Question 19

Without authorization, Ben uses the trademark of Cielo Coffee Company to promote cheap, flavorless candy, which is not similar to Cielo’s products but diminishes the quality of the coffee company’s mark. This is

Answer 19

trademark dilution.

Question 20

Flash Inc., a maker of athletic shoes, registers and uses “flash” as its domain name. Later, Got Shoes Company begins to use “flast” (an intentional misspelling of “flash”) as its domain name. Got Shoes is most likely

Answer 20

diminishing the quality of Flash’s mark.

Question 21

Mix Restaurant Corporation owns the trademark “Mix.” Remix Café Company begins to use the mark without authorization as a domain name. Mix files a suit against Remix on a theory of trademark dilution. This claim requires proof that

Answer 21

none of the choices.

Question 22

CallTalk Corporation, a phone-time seller, uses its mark “calltalk” as its domain name. Converse Inc. uses the domain name “calltalk” (a deliberate misspelling of “calltalk”) without CallTalk’s authorization, to sell sexually explicit phone conversations. This is

Answer 22

trademark dilution.

Question 23

BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life’s permission. This may be permissible

Answer 23

if the use constitutes trademark infringement.

Question 24

Justin’s posts on Facebook provide information that establishes his intent and what he knew at a particular time, indicating potential liability. For this and other reasons, social media posts are often

Answer 24

a. included in discovery in litigation.

b. used by law enforcement to detect and prosecute criminals.

c. used by federal regulators in investigations into illegal activities.

Question 25

Mobile Device Company (MDC) discovers that defamatory statements about its policies and products are being posted in an online forum. NuView Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. MDC should

Answer 25

seek to use the authority of the court to obtain the identity from NuView

Question 26

BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNY does not obtain ownership rights in the mark. This is

Answer 26

a license.

Question 27

One of the advertisers—either Sound Financials or Instable Investments—is acting within the bounds of federal law. Federal law permits the sending of

Answer 27

unsolicited commercial e-mail.

Question 28

To test computer security and conduct encryption research, Tech Solutions Inc. circumvents the encryption software and other technological antipiracy protection of United Business Corporation’s software. Under the Digital Millennium Copyright Act, this is

Answer 28

a “fair use” exception to the provisions of the act.

Question 29

Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business. Thirty-seven states

Answer 29

prohibit or regulate the use of spam.

Question 30

Copious Bounty, LLC, and other companies operate social media Web sites, issue apps for mobile devices, obtain ad revenue from search engines, and sell directly to consumers from other sites. The privacy rights of the users of these products are frequently defined, not by the courts or legislatures, but by

Answer 30

the companies that own the sites and the apps.

Question 31

Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google’s permission. This is

Answer 31

trademark infringement.

Question 32

Tech Outsourcing, Inc., registers a domain name that is the same as, or confusingly similar to, the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing. This is

Answer 32

cybersquatting.

Question 33

nteractive Entertainment Corporation markets its products online. Through the use of cookies, Interactive Entertainment and other online marketers can

Answer 33

track individuals’ Web browsing activities.

Question 34

ConnectWeb, Inc., operates a subscription-based service that extends the software and storage capabilities of its subscribers. This is

Answer 34

cloud computing.

Question 35

Deals Inc. provides its sales representatives with phones to use in the ordinary course of business. Deals monitors the employees’ electronic communications made through the phones. This is

Answer 35

a “business-extension exception” under the Electronic Communications Privacy Act

Question 36

Odell is an employee of Packing Corporation. She uses social media in a way that violates her employer’s stated social media policies. Packing disciplines Odell and then, after a second transgression, fires her. This is

Answer 36

within the employer’s rights.

Question 37

Employees of Bodega Inc. maintain a password-protected social media page to “vent about work.” Bodega learns of the page and intimidates the network that operates it into revealing the password. After reviewing the posts, Bodega fires the participants. Most likely, this is

Answer 37

a violation of the Stored Communications Act.

Question 38

Sales Corps Inc. provides tablets for its employees to use “in the ordinary course of its business.” Sales Corps intercepts the employees’ business communications made on these devices. Under the Electronic Communications Privacy Act, this is

Answer 38

permissible