Section 3

Question 1

COPA

Answer 1

Child Online Protection Act
An act signed into law in 1998 with the aim of prohibiting the making of harmful material available to minors via the Internet. The law was ultimately ruled largely unconstitutional.

Question 2

CIPA

Answer 2

Children’s Internet Protection Act
An act passed in 2000 that required federally financed schools and libraries to use some form of technological protection to block computer access to obscene material, pornography, and anything else considered harmful to minors.

Question 3

CDA

Answer 3

Communications Decency Act
Title V of the Telecommunications Act; it aimed at protecting children from pornography, including imposing $250,000 fines and prison terms of up to 2 years for the transmission of indecent material over the Internet

Question 4

CAN-SPAM

Answer 4

Controlling the Assault of Non-Solicited Pornography and Marketing
A law that specifies that it is legal to spam, provided the messages made a few basic requirements: spammers cannot disguise their identity by using a false return address, the email must include a label specifying that it is an ad or a solicitation, and the email must include a way for recipients to indicate that they do not want future mass mailings.

Question 5

DMCA

Answer 5

Digital Millennium Copyright Act
Signed into law in 1998. This act addresses a number of copyright related issues with title II of the act providing limitations on the liability of an internet service provider for copyright infringement

Question 6

John Doe lawsuit

Answer 6

A type of lawsuit that organizations may file in order to gain subpoena power in an effort to learn the identity of anonymous internet users who they believe have caused some form of harm to the organization through their postings.

Question 7

Section 230 of the CDA

Answer 7

A section of the Cmmunications Decency Act that provides immunity to an internet service provider that publishes user generated content as long as its actions do not rise to the level of the content provider

Question 8

SLAPP

Answer 8

Strategic lawsuit against public participation
A lawsuit filed by corporations, government officials and others against citizens and community groups who oppose them on matters of concern. The lawsuit is typically without merit and is used to intimidate critics out of fear of the cost and effort associated with a major legal battle.

Question 9

What is intellectual property?

Answer 9

A term used to describe works of the mind, such as art books, films, formulas, inventions music and processes, that are distinct and owned or created by a single person or group.

Question 10

What is a copyright?

Answer 10

The exclusive right to distribute display perform or reproduce an original work in copies; to prepare derivative works based on the work; and grant these exclusive rights to others

Question 11

What are the four factors courts must consider when deciding if a use of copyrighted property is considered fair use?

Answer 11

1) The purpose and character of the use
2) The nature of the copyrighted work
3) The portion of the copyrighted work used
4) The effect of the use on the value of the copyrighted work

Question 12

PRO-IP

Answer 12

The Prioritizing Resources and Organization for Intellectual Property Act of 2008 increased trademark and copyright enforcement; it also substantially increased penalties for infringement

Question 13

What is GATT and what does it have to do with intellectual property?

Answer 13

The original General Agreement on tariffs and trade signed in 1993 created the world trade organization in Geneva, Switzerland to enforce compliance with the agreement. GATT includes a section covering copyrights called the agreement on trade related aspects of intellectual property rights (TRIPS)

Question 14

What is the World Trade Organization?

Answer 14

A global organization that deals with rules of international trade based on agreements that are negotiated and signed by representatives of the world’s trading nations.

Question 15

WIPO

Answer 15

The World Intellectual Property Organization is an agency of the United Nations dedicated to the use of intellectual property as a means to stimulate innovation and creativity

Question 16

What is a patent?

Answer 16

A grant of property right issued by the US patent and trademark office to an inventor that permits its owner to exclude the public from making, using or selling a protected invention and it allows for legal action against violators. A patent prevents copying as well as independent creation.

Question 17

What are the three statutory classes of items that can be patented?

Answer 17

1) it must be useful
2) it must be novel
3) it must not be obvious to a person having ordinary skill in the same field

Question 18

What is a utility patent?

Answer 18

Issued for the invention of a new and useful process, machine, manufacturer or composition of matter, or a new and useful improvement thereof.

Question 19

What is a design patent?

Answer 19

Issued for a new original and ornamental design embodied in or applied to an article of manufacture. Permits its owner to exclude others from making, using or selling the design in question

Question 20

Leahy-Smith America Invents Act

Answer 20

Changed the US patent system from a first-to-invent to a first-inventor-to-file system and expanded the definition of prior art which is used to determine the novelty of an invention and whether it can be patented. This act made it more difficult to obtain a patent in the United States.

Question 21

How does something qualify as a trade secret?

Answer 21

Information must have economic value and must not be readily ascertainable. In addition, the trade secret’s owner must have taken steps to maintain its secrecy.

Question 22

T/F Trade secret laws do not prevent someone from using the same idea if it was developed independently or from analyzing an end product to figure out the trade secret behind it

Answer 22

True

Question 23

What are the three key advantages that trade secret law has over the use of patents and copyrights?

Answer 23

1) there are no time limitations on the protection of trade secrets unlike patents and copyrights
2) there is no need to file any application or otherwise disclose a trade secret to outsiders to gain protection
3) there is no risk that a trade secret might be found invalid in court

Question 24

What is the difference between competitive intelligence and industrial espionage?

Answer 24

Competitive intelligence is legally obtained information. Meanwhile, industrial espionage is the use of illegal means to obtain business information. In the US, industrial espionage is a serious crime that carries heavy penalties.

Question 25

What is a cyber squatter?

Answer 25

A person or company that registers domain names for famous trademarks or company names to which they have no connection, with the hope that the trademark’s owner will buy the domain name for a large sum of money.

Question 26

Defend Trade Secrets Act of 2016

Answer 26

An act passed that amended the economic espionage act to create a federal civil remedy for trade secret misappropriation.

Question 27

Economic Espionage Act (EEA) of 1996

Answer 27

An act to help law enforcement agencies pursue economic espionage. It imposes penalties of up to $10 million and 15 years in prison for the theft of trade secrets.

Question 28

Uniform Trade Secrets Act (UTSA)

Answer 28

An act drafted in the 1970s to bring uniformity to all of the United States in the area of trade secret law.