Exam 7: Internet Law, Social Media, and Privacy

​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. In those states with antispam laws, federal law

BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNYdoes not obtain ownership rights in the mark. This is

Online defamation is wrongfully hurting a person's reputation by communicating false statements about that person to others online.

Using another's trademark in a meta tag does not normally constitute trademark infringement, even if it is done without the owner's permission.

InfoFree Inc. makes and sells devices and services for the circumvention of encryption software and other technological antipiracy protection. Under the Digital Millennium Copyright Act, this is

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

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 7-2. Call&Talk's use of the domain name "callltalk," without CallTalk's authorization, to sell pornographic phone conversations, is

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

Stefano transfers copyrighted music recordings, without the copyright owners' authorization, to his friends. This is

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

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

BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible

In some states, an unsolicited e-mail must include a toll-free phone number that the recipient can use to ask the sender to send no more unsolicited e-mail.

Social media posts are routinely included in discovery in litigation.

Oversight Corporation monitors employees' electronic communications made in the ordinary course of business. This is

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

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 7-2. 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

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 7-2. By using a domain name similar to CallTalk's, CellTalk is most likely

Much of the material on the Internet, including software and database information, is not copyrighted.

Federal wiretapping law covers electronic forms of communication.