Deck 9: Internet Law, social Media, and Privacy

Question 1

Cybersquatting occurs when the owner of a trademark registers the mark as a domain name but does not use it for that purpose.

Answer 1

False

Question 2

To maintain a claim of trademark dilution,the products involved must be similar.

Answer 2

False

Question 3

Many states require the sender of an e-mail ad to tell recipients how to opt out of receiving future e-mail ads from the sender.

Answer 3

True

Question 4

A license may limit the use of a software application to a specific device.

Question 5

Digital sampling can constitute copyright infringement.

Question 6

The Digital Millennium Copyright Act protects copyrighted material from piracy online.

Question 7

Criminal liability for the piracy of copyrighted materials extends only to persons who exchange unauthorized copies for profit.

Question 8

Downloading music into a computer's random access memory,or RAM,without authorization is copyright infringement.

Question 9

File-sharing can be used to download others' stored music files without raising copyright issues.

Question 10

Federal law permits the sending of unsolicited commercial e-mail to randomly generated e-mail addresses.

Question 11

An Internet service provider that terminates subscribers who infringe copyrights can qualify for a "safe harbor" under the Digital Millennium Copyright Act.

Question 12

Cybersquatting is legal when the person offering for sale a domain name that is the same as another's trademark intends to profit from the sale.

Question 13

Any party who gives information to the Federal Trade Commission concerning possible deceptive conduct in a foreign jurisdiction is immune from liability.

Question 14

Anyone can circumvent encryption software or other technological antipiracy protection without penalty.

Question 15

Using another's trademark as a meta tag may be permissible.

Question 16

Under the federal law protecting trademarks,"bad faith intent" is one element of a claim of illegal cybersquatting.

Question 17

A social media post is not subject to discovery in litigation.

Question 18

Cybersquatting is illegal only if a domain name is identical to the trademark of another,not if the name is merely confusingly similar.

Question 19

"Fair use" cannot be asserted as a defense to a charge of copyright infringement in a dispute concerning digital sampling.

Question 20

To protect a trademark against typosquatting,a company should attempt to register potential misspellings of the mark.

Question 21

An online retailer can track a user's web activities with cookies without violating the person's right to privacy.

Question 22

Federal guidelines allow a company to disclose material information about itself through social media as long as investors are notified in advance.

Question 23

A social media post cannot be used to invalidate a settlement agreement.

Question 24

A company that provides a phone to an employee for business use is not prohibited from intercepting personal communications made on it.

Question 25

Employers are prohibited from taking actions against employees or applicants based on their social network postings.

Question 26

With respect to spam,thirty-seven states

A) prohibit or regulate it.
B) permit its use by business entities.
C) prescribe its use.
D) preempt the application of federal law on the same subject.

Question 27

No court has held that it is legally acceptable for law enforcement to set up a phony social media account to catch a suspect.

Question 28

In posting statements or photos to a social media site,a person clearly has a reasonable expectation of privacy.

Question 29

Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices.The state in which the company is physically located has enacted an antispam law.Under federal law

A) the application of federal law to Sound's ads is preempted.
B) Sound's ads are required to be reviewed by a federal agency.
C) Sound's ads are prohibited.
D) the application of the state's law to Sound's ads is preempted.

Question 30

Because federal wiretapping law was enacted before social media networks existed,it does not apply to communications through social media.

Question 31

It is frequently companies,rather than courts,that define the privacy rights of the companies' online users.

Question 32

Under the Communications Decency Act,Internet service providers are liable as publishers of defamatory statements that come from a third party.

Question 33

Outsourcing Inc.registers a domain name that is the same as the trademark of Resourcing LLC and offers to sell the name to the mark's owner.This is

A) cybersquatting.
B) typosquatting.
C) trademark infringement.
D) trademark dilution.

Question 34

Online conduct gives rise to only a narrow variety of legal actions.

Question 35

Broadband Inc. ,an Internet service provider,supplies information to the Federal Trade Commission concerning possible unfair or deceptive ads originating in a foreign jurisdiction.Under federal law,Broadband is

A) immune from liability.
B) subject to liability if the information is false.
C) subject to liability if the ads were sent through Broadband's service.
D) subject to liability in the foreign jurisdiction,but not in the United States.

Question 36

Under the First Amendment,every U.S.citizen has a right to be forgotten with respect to outdated personal information otherwise searchable online.

Question 37

In entering personal information to a banking site online,a person may have a reasonable expectation of privacy.

Question 38

State law may protect individuals from having to disclose their social media passwords to potential employers.

Question 39

Volatile Investments Inc.sends e-mail ads to any e-mail address that the sender can find on the Web or otherwise generate.Under federal law,Volatile's marketing method

A) may be permitted.
B) is prohibited.
C) must be reviewed by a federal agency.
D) is preempted.

Question 40

An Internet service provider can disclose personal information about its customers only when ordered to do so by a court.

Question 41

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

A) a violation of copyright law.
B) prohibited but not a violation of copyright law.
C) a "fair use" exception to the provisions of the act.
D) permitted for reconsideration every three years.

Question 42

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

A) a violation of copyright law.
B) prohibited but not a violation of copyright law.
C) a "fair use" exception to the provisions of the act.
D) permitted for reconsideration every three years.

Question 43

Ross registers a domain name-sweetfriedpotatos.com-that is a misspelling of a popular brand-sweetfriedpotatoes.com.This is

A) cybersquatting.
B) typosquatting.
C) trademark infringement.
D) trademark dilution.

Question 44

Jase transfers selected musical recordings,without the copyright owners' authorization,through his phone to his friends.Jase does not charge his friends for his "service." This is

A) copyright infringement.
B) a license.
C) goodwill.
D) "fair use."

Question 45

Afford Motors LLC,an auto broker,uses the trademark of Ford Motor Corporation in a meta tag without Ford's permission.This is

A) cybersquatting.
B) a legitimate business practice.
C) trademark infringement.
D) trademark dilution.

Question 46

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

A) trademark infringement.
B) fair use.
C) a license.
D) trademark dilution.

Question 47

Grain Mill Company brings a suit against Milled Grain Company under the Anticybersquatting Consumer Protection Act,alleging that Milled Grain is profiting from a domain name that is confusingly similar to Grain Mill's trademark.If Grain Mill is successful,recovery may include

A) actual damages and profits in any amount.
B) statutory damages no greater than $1,000.
C) statutory damages no less than $100,000.
D) all of the choices.

Question 48

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

A) none of the choices.
B) consumers are likely to be confused by the names.
C) the products involved are similar.
D) Mix has registered all variations of the name "Mix."

Question 49

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

A) digital sampling.
B) cybersquatting.
C) cloud computing.
D) peer-to-peer (P2P)networking.

Question 50

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

A) a legitimate marketing technique.
B) a fair use.
C) a license.
D) trademark dilution.

Question 51

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

A) diminishing the quality of Flash's mark.
B) making a fair use of Flash's mark.
C) licensing the use of Flash's mark to itself.
D) engaging in lawful competitive conduct.

Question 52

Rue obtains permission from Saga Company to use the firm's game app on Rue's mobile devices.But Rue does not obtain ownership rights in the app.This is

A) a license.
B) a cookie.
C) cloud computing.
D) a violation of the law.

Question 53

Pia registers a domain name-qualitytires.com-that is confusingly similar to the trademark of Quality Tires Inc.Pia has a "bad faith intent" to profit from the mark by selling the name to Quality Tires.This is

A) a legitimate business practice.
B) illegal.
C) a bid to obtain a license.
D) trademark dilution.

Question 54

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

A) cybersquatting.
B) typosquatting.
C) trademark infringement.
D) trademark dilution.

Question 55

Web Invest Inc.buys and sells domain names with the click of a mouse.A domain name can be bought and sold many times.Each change of owner is registered automatically as part of a mass registration.In this environment

A) cybersquatting can flourish.
B) typosquatting occurs unintentionally through clerical misspellings.
C) brands and trademarks are automatically protected from cybersquatters.
D) the Federal Trade Commission can sanction Web Invest.

Question 56

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

A) if the appropriating site has nothing to do with the meta tag.
B) if the two sites appear in the same search engine results.
C) if the use constitutes trademark infringement.
D) in none of these circumstances.

Question 57

Basso includes in his song "Chords" a few seconds of Dante's copyrighted sound recording "Etudes" without permission.Some federal courts have found that such digital sampling is

A) 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.
D) all of the choices.

Question 58

Skye posts excerpts from comics and graphic novels on social networking sites without the permission of the owners of the copyrights to the illustrations and stories.This is

A) copyright infringement.
B) a license.
C) goodwill.
D) "fair use."

Question 59

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

A) copyright infringement.
B) within Dana's rights as a computer user.
C) a basis of liability for the computer maker if it does not act against Dana.
D) none of the choices.

Question 60

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

A) the motion picture industry.
B) recording artists and their labels.
C) the companies that distribute file-sharing software.
D) all of the choices.

Question 61

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

A) a violation of the Stored Communications Act.
B) within the employer's rights.
C) a subject for dispute resolution by the network.
D) a "business-extension exception" under the Electronic Communications Privacy Act.

Question 62

Prodigious Profit,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

A) the companies that own the sites and the apps.
B) retailers who have had to change their procedures to compete.
C) spammers,cybersquatters,and typosquatters.
D) Internet service providers.

Question 63

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

A) track individuals' Web browsing activities.
B) gain access to competitors' servers.
C) "sweet talk" consumers into buying certain products.
D) attack competitors' Web sites.

Question 64

Mobile Device Company (MDC)discovers that defamatory statements about its products are being posted in an online forum.NuView Inc. ,the Internet service provider whose users are posting the messages,can disclose their identity

A) only when ordered to do so by a court.
B) whenever and however the provider chooses.
C) only in egregious circumstances.
D) in no circumstances.

Question 65

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

A) an invasion of privacy.
B) trademark and copyright infringement.
C) digital sampling.
D) a distributed network.

Question 66

"Dawn" is a song included in the sound track of "eDay," a movie produced and distributed by FasTrac Corporation.The song features a digital sampling of a few seconds of the guitar solo of one of George Harrison's copyrighted sound recordings without permission.Does this digital sampling constitute copyright infringement on the part of FasTrac? Explain.

Question 67

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

A) prohibited.
B) a matter for which an employer must obtain employees' consent.
C) a subject for dispute resolution by an Internet service provider.
D) permissible.

Question 68

Payback Inc.discovers that defamatory statements about its policies are being posted in an online forum.Q Web Inc. ,the Internet service provider whose users are posting the messages,refuses to reveal the users' identities.To obtain those identities,Payback should initially

A) file a suit against the anonymous users.
B) gain unauthorized access to Q Web's servers.
C) file a suit against Q Web.
D) ask the U.S.Department of Justice to issue a subpoena.

Question 69

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

A) a violation of the rights of the employees.
B) within the rights of the employer even if it did not provide the phones.
C) a subject for dispute resolution by the phone service.
D) a "business-extension exception" under the Electronic Communications Privacy Act.

Question 70

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

A) dilution.
B) peer-to-peer (P2P)networking.
C) cloud computing.
D) a distributed network.

Question 71

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

A) a violation of the Stored Communications Act.
B) within the employer's rights.
C) a subject for dispute resolution by social media.
D) a "business-extension exception" under the Electronic Communications Privacy Act.

Question 72

Sonya and other employees of TransGlobal Inc.maintain a password-protected social media page on which they post comments on work-related issues.The posts range from positive to negative,supporting the page's purpose to "vent about work." When TransGlobal learns of the page,the company intimidates Sonya into revealing the password,and after reviewing the posts,fires her and the other participants.Which federal law discussed in this chapter most likely applies to this situation? Has this law been violated? Discuss.