question

Which rule under the Federal Rules of Civil Procedure governs service of process?

answer

Rule 4

question

Acme.com (a fictitious company) includes the following language in its online terms of use agreement: "By visiting acme.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Acme.com." This language is an example of what type of clause or provision?

answer

choice of law provision

question

The Internet can be traced back to a project sponsored by which federal government organization?

answer

U.S. Department of Defense

question

T/F Personal jurisdiction refers to jurisdiction over the nature of the case and the type of relief sought.

answer

False

question

Cyberlaw encompasses which of the following sources of law?

answer

all of the above

question

T/F A choice of law clause or provision in a contract names a particular state and provides that the substantial laws of that jurisdiction will be used to determine the validity and interpretation of the contract.

answer

True

question

The Full Faith and Credit Clause is found in which Article of the United States Constitution?

answer

Article IV

question

T/F A court may find that the state s long arm statute can be used to exercise personal jurisdiction over a company that maintains a passive website combined with other business activities.

answer

True

question

The Due Process Clause is found in which amendment or amendments to the U.S. Constitution?

answer

Fifth and Fourteenth Amendments

question

What type of jurisdiction involves a court's power to bring a person into its adjudicative process?

answer

personal jurisdiction

question

T/F Under the powers of the interstate Commerce Clause, the federal government has complete control and authority over the Internet.

answer

False

question

T/F Courts have held that a passive or informational website used only for advertising is not sufficient to establish minimum contacts to support exercise of personal jurisdiction over a nonresident defendant.

answer

True

question

T/F A long arm statute is a federal statute that allows a state court to exercise jurisdiction over a particular defendant.

answer

True

question

What is the most common form of service of process?

answer

personal service

question

Which of the following is another name for personal jurisdiction?

answer

in personam jurisdiction

question

T/F The purpose of Arpanet was to connect government computers across the country to exchange information during wartime without interruption.

answer

True

question

Which of the following works is NOT covered under the Digital Millennium Copyright Act?

answer

stage play productions

question

Which of the following is a type of intellectual property?

answer

all of the above

question

T/F In a copyright infringement action, the plaintiff will usually assert fair use.

answer

False

question

Which provision under the U.S. Constitution grants powers to Congress to pass laws dealing with intellectual property?

answer

Article I, Section 8

question

T/F The Sonny Bono Copyright Term Extension Act (CTEA) extended the duration of copyright protection by 20 years for all works copyrighted after January 1, 1923.

answer

False

question

Which of the following is a benefit of copyright registration?

answer

digital storage site for the owner

question

Under which fair use defense factor does a court look at the quality and importance of the copyrighted materials used?

answer

The nature of the copyrighted work

question

T/F Quoting a short excerpt from a book in an online book review is an example of fair use

answer

True

question

answer

False

question

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional __ years

answer

70 years

question

Which of the following could receive copyright protection?

answer

a video game app for a mobile phone

question

Which international agreement or treaty shifted the main forum for rulemaking for copyrights from the World Intellectual Property Organization (WIPO) to the World Trade Organization (WTO)?

answer

Trade Related Aspects of International Property Rights Agreement

question

T/F If more than 10 percent of a work protected by copyright is copied verbatim, then a court will find that infringement of the copyright has taken place.

answer

False

question

T/F Copyright notice can help defeat defenses based on innocent infringement in a copyright infringement action.

answer

True

question

T/F An original article posted on a website is considered original work of authorship under the Copyright Act and is entitled to copyright protection.

answer

True

question

T/F An author is entitled to royalties for sales of used copies of a book sold on a website.

answer

False

question

T/F In copyright infringement cases, "transformative" means adding something new to the work.

answer

True

question

T/F Copyright owners who register the work with the U.S. Copyright Office prior to the infringement can recover statutory damages in lieu of actual damages.

answer

True

question

ABC Corp. (a fictitious software company) has registered a new trademark design and name for new software. How long will the registration remain in force?

answer

10 years

question

T/F The Anticybersquatting Consumer Protection Act (ACPA) provides for specific provisions to enforce deliberate misspellings of trademarks in domain names.

answer

False

question

T/F A software company that wants to protect a trade secret should considering using a nondisclosure and confidentiality agreement with current and prospective clients.

answer

True

question

As a general rule, what is the duration of protection for trade secrets if the information remains valuable and secret?

answer

indefinitely

question

T/F An online retailer can use the ® symbol once a trademark application has been filed with the USPTO.

answer

False

question

T/F Patent prosecution refers to a criminal action brought by a federal prosecutor for criminal patent infringement.

answer

True

question

T/F A trademark is any word, name, symbol, or device, or any combination thereof used to identify and distinguish one s goods from those manufactured or sold by others and to indicate the source of the goods.

answer

True

question

Parody of a trademark on a website can be a form of protected free speech under which amendment to the U.S. Constitution?

answer

First Amendment

question

T/F Trade secrets are governed exclusively by federal law and not by state law.

answer

False

question

What is the name of the principal international treaty governing patents, trademarks and unfair competition?

answer

Paris Convention

question

A cyberpatent or Internet patent is a type of _______ patent granted on an invention that combines business methods and software programs for Internet applications.

answer

utility

question

T/F Evidence of actual consumer confusion can be shown by direct testimony from consumers.

answer

True

question

T/F Obviousness can arise in the context of a patent application or in the context of a patent infringement action.

answer

True

question

Under the Trademark Dilution Revision Act of 2006 (TDRA), which of the following is NOT a statutory factor to consider when determining whether a mark is famous?

answer

the amount of money spent on advertisements

question

Which of the following is an example of a trade secret?

answer

a customer list on a company s password-protected internal database

question

As a general rule, the duration of patent protection is ___ years from the date on which the application for the patent was filed in the United States.

answer

20

question

Which of the following is NOT a type of patent infringement?

answer

express infringement

question

T/F Cybersquatting is the act of reserving a domain name on the Internet with intent to profit by selling or licensing the name to the company that has an interest in being identified with it.

answer

True

question

The United States Patent and Trademark Office (USPTO) is a federal agency under which cabinet-level department?

answer

Department of Commerce

question

T/F The U.S. Court of Appeals for the Federal Circuit rejected the application to trademark the name Hotels.com in the case In re Hotels.com, L.P., 573 F.3d 1300 (Fed. Cir. 2009) because the trade name was not used in commerce.

answer

False

question

T/F In a trademark infringement action, the plaintiff bears the burden of proving that a likelihood of confusion exists.

answer

True

question

What is the name of the affirmative defense used in a trademark infringement suit when a trademark owner has acted with bad intent?

answer

Unclean hands

question

T/F Companies should encourage using trade names as a verb to increase the popularity of the brand name.

answer

False

question

Which of the following is NOT generally a factor considered by courts in the likelihood of confusion test?

answer

whether the mark was registered on the principal register with the USPTO

question

Which of the following is a requirement for patentability?

answer

all of the above

question

What is the name of the main federal law or act that governs trademarks?

answer

Lanham Act

question

T/F A trade secret requires that the owner take reasonable precautions to protect the trade secret.

answer

True

question

T/F Under the Trademark Dilution Revision Act of 2006, plaintiffs are required to establish proof of actual dilution.

answer

False

question

T/F Prior art is considered when determining whether a patent meets the novelty requirement for patentability.

answer

True

question

T/F For willful, deliberate, and intentional patent infringement, a court may award up to ____ times the amount of damages found.

answer

triple

question

T/F If the patent examiner and the administrative patent judge reject the application for a patent, the applicant can then appeal the decision of the patent examiner immediately to the U.S. Court of Appeals for the Federal Circuit.

answer

False

question

T/F If a company wants to file a suit for patent infringement, the company can file the case in either state court or federal court.

answer

False

question

What was the main purpose of the Anticybersquatting Consumer Protection Act of 1999?

answer

prohibit cybersquatting

question

Which of the following is NOT a remedy in a patent infringement action?

answer

criminal penalties

question

What is the name of the federal court that has appellate jurisdiction over trademark applications with the USPTO?

answer

U.S. Court of Appeals for the Federal Circuit

question

What of the following is NOT an acceptable notice that a mark is registered with the USPTO?

answer

TM

question

T/F As a general rule, an e-mail exchange to purchase real estate satisfies the requirements of the statute of frauds.

answer

False

question

What type of contractual provision keeps the remaining provisions of a contract in force if any portion of that contract is judicially declared void, unenforceable, or unconstitutional?

answer

severability

question

T/F Clicking "I Accept" when downloading software online satisfies the signature requirement under the E-SIGN Act

answer

True

question

Which of the following contracts is governed by the statute of frauds?

answer

a contract to purchase a one-fourth interest in a timeshare for real estate

question

What requirement for a valid contract is satisfied when the parties to a contract have a "meeting of the minds" as to all essential and material terms of the agreement?

answer

mutual assent

question

T/F For a browsewrap agreement to be enforceable, the agreement must be prominently displayed so that users have actual notice.

answer

True

question

Why would an online contract include a choice of law provision?

answer

to designate a particular jurisdiction whose law will govern any disputes that may arise between the parties

question

T/F Bundled software purchased at Best Buy is governed by Article 2 of the Uniform Commercial Code.

answer

True

question

T/F A contract is no less a contract simply because it is entered into via a computer.

answer

True

question

As a general rule, at what age does a person reach the age to enter into a valid contract?

answer

18

question

What type of contractual provision is designed to prevent a party from introducing "parol evidence" or extrinsic evidence of negotiations that occurred before the agreement was written and signed?

answer

merger

question

What type of contractual provision provides that one party will reimburse the other party for liability resulting from the other party's work?

answer

indemnity

question

T/F The acronym "EULA" stands for "End-User License Agreement."

answer

True

question

T/F A choice of law provision in an online contract may have the heading "Applicable Law."

answer

True

question

T/F At her birthday party, Jane s favorite uncle promised to give Jane a gift of $1,000 for Jane s new online business venture. Jane s uncle then hit some tough economic times and now refuses to pay. Jane will not prevail in a breach-of-contract action because there is no consideration.

answer

True

question

What federal law legitimized the ability of parties to form contracts electronically at both the federal and state levels?

answer

Uniform Electronic Transactions Act (UETA)

question

T/F John, age 16, signs up for a new account on a social networking site and clicks "I agree" to the terms-of-use agreement. The online contract entered into by John is void.

answer

False

question

Which group or body approved the Principles of the Law of Software Contracts in 2009?

answer

American Law Institute

question

T/F Treasury regulations adopted by the Internal Revenue Service (IRS) are codified in Title 26 of the United States Code.

answer

False

question

T/F The Unlawful Internet Gambling Act of 2006 (UIGEA) has been successful in limiting online gambling by players in the United States.

answer

False

question

T/F An online seller who sells products as an Amazon.com affiliate may face state income tax liability but not federal income tax liability.

answer

False

question

T/F Advertising alone does not trigger the sufficient nexus for the imposition of state sales tax under the substantial nexus test.

answer

True

question

T/F The Supremacy Clause of the United State Constitution prohibits states from entering into reciprocity agreements for state income taxes.

answer

True

question

What type of tax is imposed on the use of certain goods that are bought outside the taxing authority s jurisdiction?

answer

use tax

question

T/F A court is more likely to find that a substantial nexus exists for imposing state sales tax where a brick-and-mortar store in the state is affiliated and interconnected with the online store and allows for customers to return and exchange goods purchased online at the brick-and-mortar store.

answer

True

question

T/F The growth of the Internet has contributed to a wider tax gap.

answer

True

question

Which of the following is a possible deduction for an online seller that engages in a business for profit under the Internal Revenue Code?

answer

all of the above

question

T/F Gambling winnings are traditionally considered to be taxable income at the federal and state levels.

answer

True

question

Which of the following is NOT an aspect of the Internet Tax Freedom Act?

answer

to prevent states from imposing state income tax

question

The Internal Revenue Code is codified in which title of the United States Code?

answer

Title 24

question

T/F State sales tax is collected by the Internal Revenue Service (IRS).

answer

False

question

The Internal Revenue Service is a federal agency under which cabinet-level department?

answer

Department of the Treasury

question

Based on the case Orellana v. Commissioner, which of the following is a possible method used by the Internal Revenue Service to reconstruct a taxpayer s income?

answer

all of the above

question

T/F A state cannot levy both a state sales tax and a state use tax on the same purchase for online purchases.

answer

False

question

What type of tax is imposed on the sale of goods and services, usually measured as a percentage of the price?

answer

sales tax

question

Imposing state income tax for nonresidents raises questions under which provision or clause of the United States Constitution?

answer

Commerce Clause

question

If the IRS and the Commissioner of Internal Revenue determine that a taxpayer has a tax deficiency, the taxpayer may dispute the deficiency in which court before paying any disputed amount?

answer

U.S. Tax Court

question

Which defense would a website owner likely assert when a third party posts an online comment on the website that is allegedly tortious?

answer

section 230 of the Communications Decency Act

question

Which of the following is NOT an element for the invasion of privacy tort for misappropriation of a person's name or likeness?

answer

a false statement

question

Hypothetical: A tabloid website posts the name, photo, and home address of an alleged rape victim involving an alleged sexual assault involving a famous professional football player. Which invasion of privacy tort is the best possible action for the alleged rape victim?

answer

public disclosure of private facts

question

Hypothetical: Paula goes to a home furnishing retailer's website. On the website, Paula notices that a photo frame sold by the retailer has a portrait of her family that Jane posted on her personal blog. Paula brings a tort action against the home furnishing retailer. What is the best tort action for Paula?

answer

right of publicity

question

T/F Tort law is exclusively governed by federal tort law statutes rather than by state law.

answer

False

question

Which of the following is NOT a consideration in determining whether an award for punitive damages violates the Due Process Clause?

answer

whether there was a contractual provision between the parties that awarded punitive damages to the prevailing plaintiff

question

T/F Hypothetical: Cindy is at a park with her 7-year-old daughter. John is also at the park with his 7-year-old daughter, and John takes a photo of his daughter and Cindy s daughter playing together at the park. John uploads the photo to his personal blog. Cindy brings an action for intrusion upon seclusion against John and seeks money damages for emotional distress damages. A court would likely dismiss Cindy s tort action for intrusion upon seclusion.

answer

True

question

Hypothetical: Jane posts on her Facebook status that her ex-boyfriend Duke has a particular sexually transmitted disease. Duke's employer reads Jane's post and then fires Duke. Duke could bring an action against Jane for which type of invasion of privacy tort?

answer

public disclosure of private facts

question

T/F Most Internet-related torts are intentional torts, while traditional torts predominantly fall under negligence.

answer

True

question

T/F The main distinction between negligent infliction of emotional distress and intentional infliction of emotional distress is that negligent infliction of emotional distress does not require a showing of outrageous conduct.

answer

True

question

T/F Internet sellers that are not manufacturers do not need to worry about strict products liability since only manufacturers can be held strictly liable.

answer

True

question

T/F One of the challenges for plaintiffs involving tort claims with the Internet is finding the true identity of an anonymous Internet user.

answer

False

question

T/F Cyberbullying with repeated threats of physical harm sent via e-mail can support a claim for intentional infliction of emotional distress.

answer

True

question

Which defense would a private employer likely assert if an employee files a tort claim for invasion of privacy and the employer has adopted an Internet and computer use policy that states that the employer can monitor an employee's work e-mail?

answer

consent

question

Which remedy would be appropriate when a website displays a video, money damages would be insufficient, and the plaintiff would suffer irreparable harm?

answer

injunction

question

T/F Only celebrities can bring a tort action for misappropriation of a person's name or likeness.

answer

False

question

T/F In a common-law fraud case involving a fraudulent online investment scheme, there are heightened pleading requirements for the plaintiff, and the plaintiff needs to state the specific facts alleged.

answer

True

question

Hypothetical: A website that sells golf equipment uses the name and photo of golfer Tiger Woods without the permission of Tiger Woods. Which type of invasion of privacy tort has the website committed?

answer

misappropriation of a person's name or likeness

question

Which of the following is NOT an element for the tort of intentional infliction of emotional distress?

answer

the plaintiff must have suffered property damage

question

T/F The purpose of injurious falsehood or business disparagement is to protect the economic interests of the injured party against pecuniary loss resulting from the publication.

answer

True

question

Which of the following is NOT one of the questions in the Miller test for determining whether material is obscene?

answer

whether the work is commercial in nature

question

T/F Section 230 of the Communications Decency Act bars plaintiffs from holding ISPs legally responsible for information that third parties create and develop.

answer

True

question

How many states have enacted reporter's shield laws to protect journalists from compulsory disclosure of confidential information.

answer

35

question

Which of the following is not generally a defense in an online defamation action but may be relevant to the amount of damages awarded by a jury?

answer

privilege

question

T/F One purpose of an anti-SLAPP law is to limit defamation lawsuits filed with the intent to chill the exercise of First Amendment rights on a matter of public interest.

answer

True

question

T/F Libel involves written defamation, and slander involves oral defamation.

answer

True

question

The oil industry files a defamation action against the President of the United States for allegedly defamatory statements made by the President during the president's official weekly video address transmitted via the White House website. Which defense would the President likely assert?

answer

Privilege

question

T/F A website owner who is the author of an alleged defamatory statement is entitled to immunity under Section 230 of the Communications Decency Act.

answer

True

question

Which form of online speech receives some limited protection under the First Amendment?

answer

commercial speech

question

T/F California's reporter shield law protecting confidential sources applies not just to journalists for print publications but also online journalists for news-oriented websites that cover events of interest and concern to the public.

answer

True

question

Which of the following is a challenge for nonpublic figure plaintiffs who sue for defamation against an anonymous Internet user?

answer

proving actual malice

question

T/F Sending a communication via a social networking site such as Facebook or Twitter satisfies the publication requirement in a defamation action.

answer

False

question

T/F An official government website is considered a traditional public forum under the First Amendment.

answer

False

question

Which of the following persons most likely would not be considered a public figure in a defamation case?

answer

a high school math teacher

question

Under what circumstances could a plaintiff recover punitive damages for online defamation?

answer

where the defendant has engaged in outrageous conduct that is malicious, wanton, reckless, or in willful disregard of another's rights

question

T/F Criminal defamation or criminal libel is a crime in all 50 states and is frequently prosecuted.

answer

False

question

T/F Truth is an absolute defense in defamation cases involving online speech.

answer

True

question

Business disparagement is also called___________.

answer

All of the above

CPST 7800 – MidTerm (Units 1-7) – Flashcards

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