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When you download an application on your smartphone, you are typically entering into a license agreement.

A) True
B) False

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InfoFree Inc. makes and sells devices and services for the circumvention of encryption 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) None of the above
F) B) and C)

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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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Cyber torts are torts that arise from online conduct.

A) True
B) False

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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 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 Omni's Internet service provider.
D) ​excluded from the coverage of the Electronic Communications Privacy Act.

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

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Without authorization, Bennie 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) A) and B)
F) A) and C)

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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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Web Marketing Inc. buys and sells domain names with the click of a mouse. A domain name can be bought and sold many times. Each change of owner is registered automatically as part of a mass registration. In this environment


A) ​cybersquatting can flourish.
B) ​typosquatting occurs unintentionally through clerical misspellings.
C) ​brands and trademarks are automatically protected from cybersquatters.
D) ​the Federal Trade Commission can sanction Web Marketing.

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

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Federal law permits the sending of unsolicited commercial e-mail and does not prohibit spamming activities.

A) True
B) False

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Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.

A) True
B) False

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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) A) and B)

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