Question 1

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 of a trademark as a meta tag may be permissible if it is reasonably necessary, such as to accurately describe the content of the appropriating site. However, it is important to note that this would depend on the specific circumstances of the case and whether the use could cause confusion or harm to the trademark owner.

Question 2

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

Accepted Answer

Cookies allow tracking of individuals' online activities, including their web browsing behaviors, which can be used for targeted advertising and market analysis. However, cookies do not provide access to competitors' servers, allow for "sweet talking" consumers into buying products, or attacking competitors' websites.

Question 3

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 manufacture, sale, or distribution of devices or services that are primarily designed to circumvent technological measures that control access to copyrighted materials. Therefore, InfoFree Inc.'s actions would be considered a violation of copyright law.

Question 4

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

Accepted Answer

Stefano's action of transferring copyrighted music recordings without authorization from the copyright owners is considered copyright infringement as it violates the exclusive rights of the copyright owner to reproduce and distribute their work.

Question 5

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

BurgerBoy Restaurant Corporation is granting a license to BurgerBoyNY, allowing them to use the trademark as part of their domain name. This does not transfer ownership rights to BurgerBoyNY.

Question 6

Fact Pattern 9-B1 (Questions B1-B3 apply)
Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes.
-Refer to Fact Pattern 9-B1. One of the senders-Great Looks, Hot Trends, or Ilene-is acting outside the bounds of federal law. Federal law prohibits the sending of

Accepted Answer

The answer of Fact Pattern 9-B1 (Questions B1-B3 apply)
Great Looks...

Question 7

ConnectWeb, Inc., an Internet service provider (ISP), supplies information to the Federal Trade Commission concerning possible unfair or deceptive conduct in foreign jurisdictions. For this disclosure, federal law gives ConnectWeb and other ISPs immunity from liability. This is

Accepted Answer

The immunity provided under federal law to ConnectWeb and other ISPs is known as a safe harbor. This safe harbor provision protects ISPs from liability for disclosing information about possible unfair or deceptive conduct in foreign jurisdictions to the Federal Trade Commission.

Question 8

Emily and other users of Facebook and other social networking sites post messages, images, and other materials on these sites. Social media posts are routinely included in discovery in litigation to

Accepted Answer

Social media posts can be used to establish a person's intent, what they knew at a particular time, and can potentially be used to reduce damages awards, which is why all of the choices are correct.

Question 9

Fact Pattern 9-B2 (Questions B5-B7 apply)
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 9B-2. 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.

Question 10

Fact Pattern 9-B1 (Questions B1-B3 apply)
Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes.
-Refer to Fact Pattern 9-B1. Great Looks and Hot Trends are subject to the laws of the states in which they are located and do business. Many states

Accepted Answer

Many states have laws that prohibit false and deceptive e-mailing practices, which would include sending spam emails with misleading subject lines or false sender information. However, no state requires the use of spam by business entities, and only a few states have banned spam altogether. Federal law also applies to commercial e-mails, but it does not preempt state laws.

Question 11

Fact Pattern 9-B2 (Questions B5-B7 apply)
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 9-B2. By using a similar domain name to CallTalk's, CellTalk is most likely attempting to profit from its competitor's

Accepted Answer

CellTalk's use of a similar domain name to CallTalk's intentional misspelling is likely an attempt to benefit from the goodwill and reputation associated with CallTalk's brand.

Question 12

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

Accepted Answer

According to the Digital Millennium Copyright Act (DMCA), internet service providers such as OntheWeb are protected from liability for copyright infringement committed by their customers as long as they are not aware of the infringement. Once the ISP becomes aware of the infringement, they must act promptly to remove or disable access to the infringing material to maintain their safe harbor protection.

Question 13

Discount Retail Corporation's social media policy directs its employees to "avoid negative public comments about your company." Elin is an employee of Discount Retail. When Elin criticizes fellow employees online, Discount Retail fires her. Elin then files a suit against the employer, seeking reinstatement. The court will most likely

Accepted Answer

Discount Retail's social media policy directed employees to avoid negative public comments about their company. Elin went against the policy by criticizing fellow employees online, which ultimately led to her termination. Therefore, Discount Retail had the right to terminate Elin, and the court is likely to uphold their decision.

Question 14

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 15

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 16

April and other employees of Bodegas & Bistros Inc. (2B) maintain a password-protected social medi

Accepted Answer

The Stored Communications Act prohibits unauthorized access to stored electronic communications, and accessing a password-protected social media account without permission could be a violation.

Question 17

Fact Pattern 9-B1 (Questions B1-B3 apply)
Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes.
-Refer to Fact Pattern 9-B1. Federal law preempts state antispam laws

Accepted Answer

Federal law preempts state antispam laws except for provisions that prohibit false and deceptive e-mailing practices.

Question 18

Paige applies to work for Quibbling & Company. Reece applies for admittance to State University. As part of their applications, Paige and Reece are asked to divulge their social media passwords. Legislation that protects individuals from having to disclose their social media passwords has been enacted in

Accepted Answer

As of 2021, only four U.S. states (California, Illinois, Maryland, and Michigan) have enacted legislation that prohibits employers or educational institutions from asking for an individual's social media passwords. There is no federal law that protects individuals from having to disclose their social media passwords.

Question 19

Fact Pattern 9-B2 (Questions B5-B7 apply)
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 9-B2. 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 deliberate misspelling of "calltalk" to sell pornographic phone conversations without CallTalk's authorization is likely to cause confusion among consumers as to the source or affiliation of the services being offered. This may dilute the distinctiveness or tarnish the reputation of CallTalk's trademark, making it trademark dilution.

Question 20

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. The court can issue a subpoena to TransWeb, compelling the company to disclose the identity of the posters.

Quiz 9: Internet Law, Social Media, and Privacy