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Without authorization, Ben uses the trademark of Cielo Coffee Company to promote cheap, flavorless candy, which is not similar to Cielo's products but diminishes the quality of the coffee company's mark. This is


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

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

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Under the Communications Decency Act, Internet service providers are liable as publishers of defamatory statements that come from a third party.

A) True
B) False

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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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To test computer security and conduct encryption research, Solutions Inc. circumvents the encryption software and other antipiracy protection of Tech 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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Flash Inc., a maker of athletic shoes, registers and uses "flash" as its domain name. Later, Got Shoes Company begins to use "flast" (an intentional misspelling of "flash") as its domain name. Got Shoes is most likely


A) diminishing the quality of Flash's mark.
B) making a fair use of Flash's mark.
C) licensing the use of Flash's mark to itself.
D) engaging in lawful competitive conduct.

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

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In entering personal information to a banking site online, a person may have a reasonable expectation of privacy.

A) True
B) False

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File-sharing can be used to download others' stored music files without raising copyright issues.

A) True
B) False

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

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Digital sampling can constitute copyright infringement.

A) True
B) False

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Russ 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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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 Broadband's service.
D) subject to liability in the foreign jurisdiction, but not in the United States.

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

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A license may limit the use of a software application to a specific device.

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

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Haute Dawgs Corporation allows its trademark to be used as part of a domain name for Haute Dawgs NY Inc., an unaffiliated company. Haute Dawgs NY does not obtain ownership rights in the mark. This is


A) trademark infringement.
B) fair use.
C) a license.
D) trademark dilution.

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

Correct Answer

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"Fair use" cannot be asserted as a defense to a charge of copyright infringement in a dispute concerning digital sampling.

A) True
B) False

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To protect a trademark against typosquatting, a company should attempt to register potential misspellings of the mark.

A) True
B) False

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With respect to spam, thirty-seven states


A) prohibit or regulate it.
B) permit its use by business entities.
C) prescribe its use.
D) preempt the application of federal law on the same subject.

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

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Mobile Device Company (MDC) discovers that defamatory statements about its products are being posted in an online forum. NuView Inc., the Internet service provider whose users are posting the messages, can disclose their identity


A) only when ordered to do so by a court.
B) whenever and however the provider chooses.
C) only in egregious circumstances.
D) in no circumstances.

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

Correct Answer

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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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Sales Corps Inc. provides tablets for its employees to use "in the ordinary course of its business." Sales Corps intercepts the employees' business communications made on these devices. Under the Electronic Communications Privacy Act, this is


A) prohibited.
B) a matter for which an employer must obtain employees' consent.
C) a subject for dispute resolution by an Internet service provider.
D) permissible.

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

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