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​Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices.Instable Investments, Inc., sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate. -Refer to Fact Pattern 7-1. In those states with antispam laws, federal law


A) prohibits or regulates the use of spam.
B) requires the use of spam by business entities.
C) bans the use of spam altogether.
D) preempts the application of state law to commercial e-mail with certain exceptions.

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

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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) None of the above
F) All of the above

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Online defamation is wrongfully hurting a person's reputation by communicating false statements about that person to others online.

A) True
B) False

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Oversight Corporation monitors employees' electronic communications made in the ordinary course of business. This is


A) a violation of the rights of Oversight's employee.
B) within Oversight's rights as an employer.
C) a subject for dispute resolution by the communications providers that Oversight uses.
D) a "business-extension exception" under the Electronic Communications Privacy Act.

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

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

A) True
B) False

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


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

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

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Social media posts are routinely included in discovery in litigation.

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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Federal wiretapping law covers electronic forms of communication.

A) True
B) False

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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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Using another's trademark in a meta tag does not normally constitute trademark infringement, even if it is done without the owner's permission.

A) True
B) False

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

Correct Answer

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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)

Correct Answer

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In some states, an unsolicited e-mail must include a toll-free phone number that the recipient can use to ask the sender to send no more unsolicited e-mail.

A) True
B) False

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


A) copyright infringement.
B) a license.
C) trademark infringement.
D) none of the choices.

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

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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


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.

E) All of the above
F) None of the above

Correct Answer

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To test computer security and conduct encryption research, Tech SolutionsInc. circumvents the encryption software and other technological antipiracy protection of United Business 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.

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

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Federal law permits the intentional interception of any wire, oral, or electronic communication.

A) True
B) False

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

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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) A) and D)

Correct Answer

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