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A claim of trademark dilution requires proof that consumers are likely to be confused by a connection between the unauthorized use and the mark.

A) True
B) False

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Sonya and other employees of TransGlobal Inc. maintain a password-protected social media page on which they post comments on work-related issues. The posts range from positive to negative, supporting the page's purpose to "vent about work." When TransGlobal learns of the page, the company intimidates Sonya into revealing the password, and after reviewing the posts, fires her and the other participants. Which federal law discussed in this chapter most likely applies to this situation? Has this law been violated? Discuss.

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The federal law discussed in this chapte...

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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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Riley obtains permission from Saga Company to use the firm's game app on Riley's smartphone, tablet, and other mobile device. But Riley does not obtain ownership rights in the app. This is​


A) a license.
B) a cookie.
C) cloud computing.
D) a violation of the law.

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

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Eve 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) A) and D)
F) C) and D)

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Federal law permits the sending of unsolicited commercial e-mail and does not prohibit spamming activities.

A) True
B) False

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To protect domain name rights from would-be cybersquatters and typosquatters, AgriBusiness Inc. and other large corporations may have to​


A) register thousands of domain names across the globe.
B) pay the owners of Web sites with identical or confusingly similar domain names for the number of unique visits, or hits, to the sites.
C) change their domain names to avoid identical or confusingly similar domain names.
D) change their trademarks to avoid identical or confusingly similar domain names.Fact Pattern 5-1 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.

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

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A

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

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) A) and B)

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Dana downloads music into her computer's random access memory, or RAM, without authorization. This is​


A) copyright infringement.
B) within Dana's rights as a computer user.
C) a basis of liability for the computer maker if it does not act against Dana.
D) none of the choices.Fact Pattern 5-2 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 "calltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations.

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

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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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False

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

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Refer to Fact Pattern 5-2. Call&Talk's use of the domain name "calltalk," 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 D)
F) A) and D)

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To test computer security and conduct encryption research, Tech Solutions Inc. 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) B) and C)
F) A) and B)

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Employees' posts on social media may be protected under labor law.

A) True
B) False

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File-sharing software can be used to download others' copyrighted property without liability for any infringement.

A) True
B) False

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Law enforcement uses social media to detect and prosecute criminals.

A) True
B) False

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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) None of the above

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Employees of Bodegas & Bistros Inc. (2B) maintain a password-protected social media page to "vent about work." When 2B learns of the page, the company intimidates the network that operates the page into revealing the password, and after reviewing the posts, fires the participants. Most likely, this is​


A) a violation of the Stored Communications Act.
B) within 2B's rights as an employer.
C) a subject for dispute resolution by the communications providers that the employees' page uses.
D) a "business-extension exception" under the Electronic Communications Privacy Act.Fact Pattern 5-1 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.

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

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A

A licensor might grant a license allowing a trademark to be used as part of a domain name.

A) True
B) False

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