Exam 9: Internet Law, Social Media, and Privacy

Using another's trademark in a meta tag is not permissible, even if the use is reasonably necessary.

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.

Cybersquatting occurs when key words are inserted into the hyper text markup language code to tell Internet browsers specific information about a We

Ralph founds Signify Inc. to make and sell products bearing the names of Tau Kappa Epsilon (TKE) and other fraternities and sororities. Among other venues, Signify sells its products online through Web sites that incorporate the fraternities' and sororities' names and abbreviations into the URLs-for example, "tkestuff.com"-without their permission. On what basis might the fraternities and sororities maintain a successful suit against Ralph and Signify? How might this dispute have been avoided?

Fact Pattern 9-B2 (Questions B5-B7 apply) CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its second-level domain. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain. 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 9-B2. By using a similar domain name to CallTalk's, CellTalk is most likely attempting to profit from its competitor's

Fact Pattern 9-B2 (Questions B5-B7 apply) CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its second-level domain. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its second-level domain. 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 9B-2. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk." Before bringing the suit, CallTalk has to ask the court for a subpoena to discover

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

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

Lori claims that she suffered injuries in an auto accident with an uninsured vehicle. When her insurer Miserly Insurance Company does not pay her claim, she files a suit against Miserly for breach of contract. The insurer files a motion to compel Lori to comply with a discovery request for everything that she has posted on Facebook, Twitter, and other social media sites since the accident. Why would the insurer want to obtain such material? What might Lori argue in opposition to the motion? Should the court grant the defendant's request? Discuss.

April and other employees of Bodegas & Bistros Inc. (2B) maintain a password-protected social medi

Paige applies to work for Quibbling & Company. Reece applies for admittance to State University. As part of their applications, Paige and Reece are asked to divulge their social media passwords. Legislation that protects individuals from having to disclose their social media passwords has been enacted in

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

Fact Pattern 9-B1 (Questions B1-B3 apply) Great Looks Clothing Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Hot Trends Inc. sends e-mail ads to any e-mail address that Hot Trends can find on the Web or otherwise generate. Ilene sends e-mail notes to her friends, relatives, and co-workers, discussing personal issues and recommending products or services that she likes. -Refer to Fact Pattern 9-B1. Great Looks and Hot Trends are subject to the laws of the states in which they are located and do business. Many states

No federal court has held that digitally sampling a copyrighted sound recording of any length constitutes copyright infringement.

Social media posts are routinely included in discovery in litigation.

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

Employees who use social media in a way that violates their employer's stated policies cannot be disciplined or fired from their jobs.

OntheWeb Company is an Internet service provider. OntheWeb's customer Phoebe commits copyright infringement. OntheWeb is not liable for Phoebe's activity

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

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