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Exam 9: Internet Law, Social Media, and Privacy

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Question 1

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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

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.

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

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Question 2

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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

A) using the authority of the court.
B) gaining unauthorized access to TransWeb's servers.
C) deceiving TransWeb into revealing the posters' identities.
D) no legal or illegal means.

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

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Question 3

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Trademark dilution occurs when a person registers a domain name that is the same as, or confusingly similar to, the trademark of another and then offers to sell the domain name back to the original owner.

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

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

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

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

Employers can monitor employees' electronic communications made in the ordinary course of business, including employees' personal communications.

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

Federal wiretapping law covers electronic forms of communication.

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

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

Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.

An Internet service provider (ISP) is not liable for copyright infringement by its customer unless the ISP is aware of the subscriber's violation.

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

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

Law enforcement uses social media to detect and prosecute criminals.

It is frequently the companies rather than courts or legislatures that are defining the privacy rights of their online users.

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

When you download an application on your smartphone, you are typically entering into a license agreement.