Internet Law – Flashcards

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question
Alchin pays for and downloads a new exercise app on his smartphone. He believes that because he paid for it, he can legally make copies and sell them to his friends at the gym. He is wrong because:
answer
he only obtained a license to use, not ownership of the app.
question
In 2003, Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, which effectively eliminated unsolicited emails.
answer
False
question
Which of the following activities is NOT prohibited by the CAN-SPAM Act?
answer
Sending junk mail via the USPS
question
Because the federal CAN-SPAM Act only applied to e-mails originating in the United States, Congress enacted the:
answer
U.S. Safe Web Act
question
Because you are suspected of sending out bulk unsolicited e-mail advertisements, your Internet service provider is asked by the FTC to supply information on what you do in foreign jurisdictions. Will you succeed in a lawsuit against your Internet service provider for illegally providing such information to the FTC?
answer
No, because the U.S. Safe Web Act provides immunity to the ISP from liability for such action
question
Loss of______occurs when another party uses a domain name similar to yours.
answer
goodwill
question
Typo-squatting
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The act of buying domain names that are similar to well-known domains, except for slight misspellings
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Cybersquatting
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The act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner
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Which of the following does NOT have to be true for the Anticybersquatting Consumer Protection Act to apply.
answer
The domain name is in another language
question
Which one of the following is NOT a reason why lawsuits against cybersquatters are difficult to pursue?
answer
Most cybersquatters have limited mastery of English
question
Using another's trademark in a meta tag will normally constitute trademark infringement.
answer
true
question
Similar to trademark infringement, a claim of trademark dilution in the online world requires proof that consumers will likely be confused by a connection between the unauthorized use and the mark.
answer
false
question
Alchin pays for and downloads a new exercise app on his smartphone. He believes that because he paid for it, he can legally make copies and sell them to his friends at the gym. He is wrong because:
answer
he only obtained a license to use, not ownership of the app
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