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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.

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

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No federal court has held that digitally sampling a copyrighted sound recording of any length constitutes copyright infringement.

A) True
B) False

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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


A) a violation of the rights of Omni's employees.
B) a matter for which Omni must obtain its employees' consent.
C) a subject for dispute resolution by the communications providers that Omni uses.
D) excluded from the coverage of the Electronic Communications Privacy Act.

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

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

A) True
B) False

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A licensor might grant a license allowing a trademark to be used as part of a domain name.

A) True
B) False

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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.

A) True
B) False

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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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The employees of The Car Company share company-related resources among multiple computers without requiring a central network server. This is


A) ​digital sampling.
B) cybersquatting.
C) cloud computing.
D) peer-to-peer (P2P) networking.

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

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

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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.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 7-1. 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.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) A) and C)
F) All of the above

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

A) True
B) False

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

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To maintain a suit for the invasion of privacy, a person must have a reasonable expectation of privacy in the particular situation.

A) True
B) False

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Employers cannot monitor employees' electronic communications made in the ordinary course of business.

A) True
B) False

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Riley obtains permission from Saga Company to use the firm's game app on Riley's smartphone, tablet, and other mobile device. But Riley does not obtain ownership rights in the app. This is


A) a license.
B) a cookie.
C) cloud computing.
D) a violation of the law.

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

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Eve 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.

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

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

A) True
B) False

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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 thisChapter most likely applies to this situation? Has this law been violated? Discuss.

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The federal law discussed in this chapte...

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Social media posts have no uses in litigation.

A) True
B) False

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