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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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The manufacture, import, sale, and distribution of devices or services for the circumvention of encryption software is prohibited.

A) True
B) False

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

A) True
B) False

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Social media posts are routinely included in discovery in litigation.

A) True
B) False

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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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Stig 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) A) and B)
F) All of the above

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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 disciplines its 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) A) and B)
F) A) and C)

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

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Federal wiretapping law covers electronic forms of communication.

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) A) and B)
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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Employees, clients, and others with authorization use World Transport Corporation's network around the globe to share computer files. This is​


A) an invasion of privacy.
B) trademark and copyright infringement.
C) digital sampling.
D) a distributed network.

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

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"Dawn" is a song included in the sound track of "eDay," a movie produced and distributed by FasTrac Corporation. The song features a digital sampling of a few seconds of the guitar solo of one of George Harrison's copyrighted sound recordings without permission. Does this digital sampling constitute copyright infringement on the part of FasTrac? Explain.

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Yes, the digital sampling described in t...

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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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Justin's posts on Facebook provide information that establishes his intent and what he knew at a particular time, indicating potential liability. For this and other reasons, social media posts are often​


A) included in discovery in litigation.
B) used by law enforcement to detect and prosecute criminals.
C) used by federal regulators in investigations into illegal activities.
D) all 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) C) and D)
F) B) 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 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.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) B) and C)

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Federal law prevents a provider of communication services-such as a cell phone company-from divulging private communications to certain entities and individuals.

A) True
B) False

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Refer to Fact Pattern 5-1. Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business. Thirty-seven states​


A) prohibit or regulates the use of spam.
B) require the use of spam by business entities.
C) ban the use of spam altogether.
D) preempt the application of state law to commercial e-mail.

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

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Rowan registers a domain name-sweetfriedpotatos.com-that is a misspelling of a popular brand-sweetfriedpotatoes.com. This is​


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

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

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