Question 1

Fact Pattern 15-1
CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its second-level domain.Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain.Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations.
-Refer to Fact Pattern 15-1.Call&Talk's use of the domain name "callltalk," without CallTalk's authorization, to sell pornographic phone conversations, is

Accepted Answer

Call&Talk's use of a deliberately misspelled version of CallTalk's domain name to sell pornographic phone conversations is likely to cause dilution of CallTalk's trademark. Dilution occurs when a third party uses a similar mark in a way that blurs the distinctiveness of the original mark or tarnishes its reputation. Call&Talk's use of "callltalk" is similar enough to CallTalk's "calltalk" to create a likelihood of dilution, particularly because the use is for a purpose that is likely to damage CallTalk's reputation.

Question 2

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

Accepted Answer

The answer of Omni Corporation provides cell phones, laptops, and...

Question 3

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

Accepted Answer

This is an example of cybersquatting, which refers to the act of registering a domain name with the intention of profiting by selling it back to the trademark owner or using it to divert traffic away from the owner's website.

Question 4

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

Accepted Answer

The answer of To test computer security and conduct encryption...

Question 5

Fact Pattern 15-1
CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its second-level domain.Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain.Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations.
-Refer to Fact Pattern 15-1.CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk." Before bringing the suit, CallTalk has to ask the court for a subpoena to discover

Accepted Answer

CallTalk would need to discover the true identity of the owner of the unauthorized site in order to bring a lawsuit against them. This information would likely be obtained through a subpoena.

Question 6

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

Accepted Answer

OntheWeb, as an Internet service provider, is protected under the safe harbor provision of the Digital Millennium Copyright Act (DMCA). This means they are not liable for the infringing activities of their customers, as long as they do not have knowledge of the infringement. If they become aware of the infringement, they must take action to remove the infringing content or disable access to it in order to maintain their safe harbor protection.

Question 7

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

Accepted Answer

This is an example of typosquatting, which involves registering a domain name that is similar to a popular brand or website but has a misspelling or typo in it.

Question 8

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

Accepted Answer

Riley has been granted a license to use the game app, meaning they have permission to use it but do not own it.

Question 9

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

Accepted Answer

Sales & Revenue can obtain the identity of the persons responsible for the defamatory messages by using the authority of the court through the legal process of subpoena or court order. Gaining unauthorized access to TransWeb's servers or deceiving TransWeb into revealing the posters' identities would be illegal and could result in criminal charges.

Question 10

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

Accepted Answer

Using a trademark in a meta tag without permission is an act of trademark infringement.

Question 11

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

Accepted Answer

Stefano's actions of transferring copyrighted music recordings without permission from the copyright owners is a clear case of infringement of copyright law.

Question 12

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

Accepted Answer

Downloading music without authorization is a violation of the copyright owner's exclusive rights, and is therefore considered copyright infringement. It is illegal and can result in legal consequences for the infringer.

Question 13

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

Accepted Answer

The scenario describes the unauthorized use of a trademark to promote a product that is not similar to the trademark owner's product, but which diminishes the quality of the mark. This is an example of trademark dilution.

Question 14

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

Accepted Answer

By registering thousands of domain names across the globe, AgriBusiness Inc. and other large corporations can secure their domain name rights and prevent cybersquatters and typosquatters from registering confusingly similar domain names. This strategy ensures that the corporation holds a legitimate claim to their domain name and reduces the risk of brand dilution or loss of website traffic to competitors' sites.

Question 15

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

Accepted Answer

The Digital Millennium Copyright Act prohibits the making and selling of devices and services for the circumvention of encryption software and other technological antipiracy protection. This is considered a violation of copyright law.

Question 16

April and other employees of Bodegas & Bistros Inc.(2B) maintain a password-protected social media page to "vent about work." When 2B learns of the page, the company intimidates April into revealing the password, and after reviewing the posts, fires her and the other participants.Most likely, this is

Accepted Answer

The employees' social media page would likely qualify as an "electronic communication service" or a "remote computing service" under the Stored Communications Act, and accessing it without authorization or intimidating an employee into revealing the password would be a violation of the Act.

Question 17

Sly 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

Accepted Answer

The answer of Sly includes in his song "Sneaky" a...

Question 18

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

Accepted Answer

All of the choices are affected by the loss of revenue caused by unauthorized digital downloads and file-sharing. The motion picture industry and recording artists and their labels see a direct impact on their profits, while companies that distribute file-sharing software may face legal action and decreased usage as a result of public backlash.

Question 19

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

Accepted Answer

The use may be permissible if it is reasonably necessary, meaning that the meta tag is used for a legitimate purpose and not just to attract traffic to the site. However, it is important to note that this would depend on the specific circumstances of the case and could potentially still be found to be trademark infringement.

Question 20

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

Accepted Answer

BurgerBoyNY has been granted a license to use the trademark as part of its domain name, but it does not acquire ownership rights in the mark. This arrangement is known as a license.

Quiz 9: Internet Law, Social Media, and Privacy