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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.

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Basso includes in his song "Chords" a few seconds of Dante's copyrighted sound recording "Etudes" 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.

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


A) ​a violation of the Stored Communications Act.
B) ​within B&B's rights as an employer.
C) ​a subject for dispute resolution by B&B's Internet service.
D) ​a "business-extension exception" under the Electronic Communications Privacy Act.​

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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.

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D

Cybersquatting occurs when key words are inserted into a Web site's keywords coding to tell Internet browsers specific information about a Web page.

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Using another's trademark in a meta tag does not normally constitute trademark infringement, even if it is done without the owner's permission.

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False

An employer may have a right to terminate a person based on his or her violation of the employer's social media policy.

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Robert 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.

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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.

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

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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.

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Eddie 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.

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Social media posts are routinely included in discovery in litigation.

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


A) ​the motion picture industry.
B) ​recording artists and their labels.
C) ​the companies that distribute file-sharing software.
D) ​all of the choices.

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D

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

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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.

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Tech Outsourcing, Inc., registers a domain name that is the same as, or confusingly similar to, the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing. This is


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

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Fact Pattern 14-1 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. -Refer to Fact Pattern 14-1. In those states with antispam laws, federal law


A) ​prohibits or regulates the use of spam.
B) ​requires the use of spam by business entities.
C) ​bans the use of spam altogether.
D) ​preempts the application of state law to commercial e-mail with certain exceptions.

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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.

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

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