Exam 14: Internet Law, Social Media, and Privacy

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

Jason transfers select copyrighted music recordings, without the copyright owners' authorization, through his computer and phone to his friends. Jason does not charge his friends for his "service." This is

Fruit Packers, Inc., provides its sales representatives with phones to use in the ordinary course of business. Fruit monitors the employees' electronic communications made through the phones. This is

To test computer security and conduct encryption research, Tech Solutions Inc. circumvents the encryption software and other technological antipiracy protection of United Business Corporation's software. Under the Digital Millennium Copyright Act, this is

Criminal liability for the piracy of copyrighted materials extends only to persons who exchanged unauthorized copies for profit.

Broadband, Inc., an Internet service provider, supplies information to the Federal Trade Commission concerning possible unfair or deceptive ads originating in a foreign jurisdiction. Under federal law, Broadband is

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

Prodigious Profit, LLC, and other companies operate social media Web sites, issue apps for mobile devices, obtain ad revenue from search engines, and sell directly to consumers from other sites. The privacy rights of the users of these products are frequently defined, not by the courts or legislatures, but by

Federal law permits the intentional interception of any wire, oral, or electronic communication.

Keisha is an employee of Leeway Corporation. She uses social media in a way that violates her employer's stated social media policies. Leeway first disciplines its employee and then, after a second transgression, fires her. This is

Downloading music into a computer's random access memory, or RAM, is not copyright infringement, even if it is done without authorization.

Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google's permission. This is

Online conduct gives rise to only a narrow variety of legal actions.

Fact Pattern 14-2 CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its domain name. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name. Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations. -Refer to Fact Pattern 14-2. By using a domain name similar to CallTalk's, CellTalk is most likely

Fact Pattern 14-2 CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its domain name. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name. Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations. -Refer to Fact Pattern 14-2. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk" on a theory of trademark dilution. This claim requires proof that

Grain Mill Company brings a suit against Milled Grain Company under the Anticybersquatting Consumer Protection Act, alleging that Milled Grain is profiting from a domain name that is confusingly similar to Grain Mill's trademark. If Grain Mill is successful, a recovery may include

ConnectWeb, Inc., operates a subscription-based service that extends the software and storage capabilities of its subscribers. This is

File-sharing software can be used to download others' copyrighted property without liability for any infringement.

An Internet service provider is liable for any act of copyright infringement by its customer.​

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. Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business. Thirty-seven states