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

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"Bad faith intent" is too subjective to be an element of a cause of action under the Anticybersquatting Consumer Protection Act.

A) True
B) False

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Eddie and other users of Facebook and other social networking sites post trademarked images and copyrighted materials on these sites without permission. This is


A) ​a violation of the intellectual property rights of the owners of the images and materials.
B) ​within the rights of the users of social networks.
C) ​a subject for dispute resolution by the providers of the social networks.
D) ​a "business-extension exception" under the Electronic Communications Privacy Act.

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

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Omni Corporation provides 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 Omni's Internet service provider.
D) ​excluded from the coverage of the Electronic Communications Privacy Act.

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

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ConnectWeb, Inc., operates a subscription-based service that extends the software and storage capabilities of its subscribers. This is


A) ​dilution.
B) ​peer-to-peer (P2P) networking.
C) ​cloud computing.
D) ​a distributed network.

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

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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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Using a domain name that is identical or similar to the trademark of a competitor represents an attempt to profit from the competitor's goodwill.

A) True
B) False

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InfoFree Inc. makes and sells devices and services for the circumvention of encryption 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 C)
F) All of the above

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Fact Pattern 9-2​ 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 9-2. 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) C) and D)
F) B) and C)

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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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Broadband, Inc., an Internet service provider, supplies information to the Federal Trade Commission concerning possible unfair or deceptive ads originating in a foreign jurisdiction. Under federal law, Broadband is


A) ​immune from liability.
B) ​subject to liability if the information is false.
C) ​subject to liability if the ads were sent through B's service.
D) ​subject to liability in the foreign jurisdiction, but not in the United States.

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

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Jason transfers select copyrighted music recordings, without the copyright owners' authorization, through his computer and phone to his friends. Jason does not charge his friends for his "service." This is


A) ​copyright infringement.
B) ​a license.
C) ​goodwill.
D) ​"fair use."

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

Correct Answer

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