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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 disciplinesits employee and then,after a second transgression,fires her. This is


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

E) C) and D)
F) A) and B)

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Downloading music into a computer's random access memory,or RAM,is not copyright infringement,even if it is done without authorization.

A) True
B) False

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Fact Pattern 7-2. CallTalk Corporation,a smartphone and phone-time seller,chooses to use and register "calltalk" as its domain name. Later,CallTalk's less successful competitor,CellTalk Company,chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name. 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 7-2. By using a domain name similar to CallTalk's,CellTalk is most likely


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

E) B) and C)
F) All of the above

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Federal wiretapping law covers electronic forms of communication.

A) True
B) False

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


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

E) A) and D)
F) B) and D)

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Fact Pattern 7-2. CallTalk Corporation,a smartphone and phone-time seller,chooses to use and register "calltalk" as its domain name. Later,CallTalk's less successful competitor,CellTalk Company,chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name. 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 7-2. Call&Talk's use of the domain name "callltalk," without CallTalk's authorization,to sell pornographic phone conversations,is


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

E) A) and C)
F) A) and B)

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Employers cannot monitor employees' electronic communications made in the ordinary course of business.

A) True
B) False

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Social media users can post trademarked images or copyrighted materials without infringing the owners' rights,even if it is done without permission.

A) True
B) False

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Fact Pattern 7-2. CallTalk Corporation,a smartphone and phone-time seller,chooses to use and register "calltalk" as its domain name. Later,CallTalk's less successful competitor,CellTalk Company,chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name. 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 7-2. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk" 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) CallTalk ahs registered all variations of the name "calltalk."

E) B) and C)
F) A) and D)

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Federal law prohibits the Federal Trade Commission from cooperating and sharing information with foreign agencies in investigating and prosecuting those involved in spamming.

A) True
B) False

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No federal court has held that digitally sampling a copyrighted sound recording of any length constitutes copyright infringement.

A) True
B) False

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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


A) seek to use the authority of the court to obtain the identity from NuView.
B) bring a suit against NuView for publishing the statements.
C) counter the statements with its own posts.
D) post defamatory statements about NuView.

E) B) and D)
F) A) and B)

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To maintain a suit for the invasion of privacy,a person must have a reasonable expectation of privacy in the particular situation.

A) True
B) False

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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.

E) B) and D)
F) A) and B)

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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) under no circumstances.

E) None of the above
F) B) and C)

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The law does not restrict the "fair use" of methods for the circumvention of encryption software or other technological antipiracy protection for educational and other noncommercial purposes.

A) True
B) False

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Much of the material on the Internet,including software and database information,is not copyrighted.

A) True
B) False

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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


A) a violation of the rights of Omni's employees.
B) a matter for which Omni must obtain its employees' consent.
C) a subject for dispute resolution by the communications providers that Omni uses.
D) excluded from the coverage of the Electronic Communications Privacy Act.

E) A) and D)
F) None of the above

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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


A) licenses.
B) cookies.
C) cloud computing.
D) a violation of the law.

E) C) and D)
F) None of the above

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An Internet service provider is liable for any act of copyright infringement by its customer.

A) True
B) False

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