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Exam 9: Internet Law, Social Media, and Privacy

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Question 21

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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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Question 22

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Fact Pattern 15-2 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. -Refer to Fact Pattern 15-2.Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business.Thirty-six 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) B) and C)
F) B) and D)

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Question 23

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Fact Pattern 15-1 CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its second-level domain.Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain.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 15-1.CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk." Before bringing the suit, CallTalk has to ask the court for a subpoena to discover

Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for

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

Omni Corporation provides cell phones, laptops, and 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

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.

Sly 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

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

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

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

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

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

Penalties exist for anyone who circumvents encryption software or other technological antipiracy protection.

In some states, an unsolicited e-mail must include a toll-free phone number that the recipient can use to ask the sender to send no more unsolicited e-mail.

Interactive Entertainment Corporation markets its products online.Through the use of cookies, Interactive Entertainment and other online marketers can

InfoFree Inc., makes and sells devices and services for the circumvention of encryption software and other technological antipiracy protection.Under the Digital Millennium Copyright Act, this is

The Anticybersquatting Consumer Protection Act applies to most, but not all, domain name registrations of trademarks.

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

An Internet service provider is liable for any act of copyright infringement by its customer.