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

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

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

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A social media post is not subject to discovery in litigation.

A) True
B) False

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Odell is an employee of Packing Corporation. She uses social media in a way that violates her employer's stated social media policies. Packing disciplines Odell and then, after a second transgression, fires her. This is


A) a violation of the Stored Communications Act.
B) within the employer's rights.
C) a subject for dispute resolution by social media.
D) a "business-extension exception" under the Electronic Communications Privacy Act.

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

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The Digital Millennium Copyright Act protects copyrighted material from piracy online.

A) True
B) False

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A social media post cannot be used to invalidate a settlement agreement.

A) True
B) False

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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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Pilar registers a domain name-qualitytires.com-that is confusingly similar to the trademark of Quality Tires Inc. Pilar has a "bad faith intent" to profit from the mark by selling the name to Quality Tires. This is


A) a legitimate business practice.
B) illegal.
C) a bid to obtain a license.
D) trademark dilution.

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

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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 B)
F) A) and C)

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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Because federal wiretapping law was enacted before social media networks existed, it does not apply to communications through social media.

A) True
B) False

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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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A company that provides a phone to an employee for business use is not prohibited from intercepting personal communications made on it.

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) in none of these circumstances.

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

Correct Answer

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Criminal liability for the piracy of copyrighted materials extends only to persons who exchange unauthorized copies for profit.

A) True
B) False

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An Internet service provider can disclose personal information about its customers only when ordered to do so by a court.

A) True
B) False

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

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

Correct Answer

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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. The state in which the company is physically located has enacted an antispam law. Under federal law


A) the application of federal law to Sound's ads is preempted.
B) Sound's ads are required to be reviewed by a federal agency.
C) Sound's ads are prohibited.
D) the application of the state's law to Sound's ads is preempted.

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

Correct Answer

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