Question 1

Employers can monitor employees' electronic communications made in the ordinary course of business,including employees' personal communications.

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

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.Federal law preempts state antispam laws

Accepted Answer

A) with no exceptions. 
B) except for laws that require the use of spam by business entities. 
C) except for statutes that ban the use of spam altogether. 
D) except for provisions that prohibit false and deceptive e-mailing practices. 
A) with no exceptions. 
B) except for laws that require the use of spam by business entities. 
C) except for statutes that ban the use of spam altogether. 
D) except for provisions that prohibit false and deceptive e-mailing practices.

Question 5

Emily and other users of Facebook and other social networking sites post messages,images,and other materials on these sites.Social media posts are routinely included in discovery in litigation to

Accepted Answer

A) establish a person's intent. 
B) establish what a person knew at a particular time. 
C) reduce damages awards. 
D) all of the choices. 
A) establish a person's intent. 
B) establish what a person knew at a particular time. 
C) reduce damages awards. 
D) all of the choices.

Question 6

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

Accepted Answer

A) prohibit false and deceptive e-mailing practices. 
B) require the use of spam by business entities. 
C) ban the use of spam altogether. 
D) preempt the application of federal law to commercial e-mail. 
A) prohibit false and deceptive e-mailing practices. 
B) require the use of spam by business entities. 
C) ban the use of spam altogether. 
D) preempt the application of federal law to commercial e-mail.

Question 7

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.At the time this book went to press,legislation that protects individuals from having to disclose their social media passwords had been enacted in

Accepted Answer

A) no states. 
B) most states but not by the federal government. 
C) all states and by the federal government. 
D) four states. 
A) no states. 
B) most states but not by the federal government. 
C) all states and by the federal government. 
D) four states.

Question 8

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

Accepted Answer

The fraternities and sororities in this

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

Interactive Entertainment Corporation markets its products online.Through the use of cookies,Interactive Entertainment and other online marketers can

Accepted Answer

A) track individuals' Web browsing activities. 
B) gain access to competitors' servers. 
C) "sweet talk" consumers into buying certain products. 
D) attack competitors' Web sites. 
A) track individuals' Web browsing activities. 
B) gain access to competitors' servers. 
C) "sweet talk" consumers into buying certain products. 
D) attack competitors' Web sites.

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

Social media posts are routinely included in discovery in litigation.

Accepted Answer

A) True 
 B)False

Question 13

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.

Accepted Answer

Miserly,the insurer in this problem,and

Question 14

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

Accepted Answer

A) if the appropriating site has nothing to do with the meta tag. 
B) if the two sites appear in the same search engine results. 
C) if the use is reasonably necessary. 
D) under no circumstances. 
A) if the appropriating site has nothing to do with the meta tag. 
B) if the two sites appear in the same search engine results. 
C) if the use is reasonably necessary. 
D) under no circumstances.

Question 15

Sly includes in his song "Sneaky" a few seconds of Wily's copyrighted sound recording "Wits" without permission.Some federal courts have found that such digital sampling is

Accepted Answer

A) a violation of copyright law. 
B) a "fair use" exception to the provisions of the act. 
C) not a "fair use" exception to the provisions of the act. 
D) all of the choices. 
A) a violation of copyright law. 
B) a "fair use" exception to the provisions of the act. 
C) not a "fair use" exception to the provisions of the act. 
D) all of the choices.

Question 16

When you download an application on your smartphone,you are typically entering into a license agreement.

Accepted Answer

A) True 
 B)False

Question 17

April and other employees of Bodegas & Bistros,Inc.(2B),maintain a password-protected social media page to "vent about work." When 2B learns of the page,the company intimidates April into revealing the password,and after reviewing the posts,fires her and the other participants.Most likely,this is

Accepted Answer

A) a violation of the Stored Communications Act. 
B) within 2B's rights as an employer. 
C) a subject for dispute resolution by the communications providers that the employees' page uses. 
D) a "business-extension exception" under the Electronic Communications Privacy Act. 
A) a violation of the Stored Communications Act. 
B) within 2B's rights as an employer. 
C) a subject for dispute resolution by the communications providers that the employees' page uses. 
D) a "business-extension exception" under the Electronic Communications Privacy Act.

Question 18

An Internet service provider (ISP)is not liable for copyright infringement by its customer unless the ISP is aware of the subscriber's violation.

Accepted Answer

A) True 
 B)False

Question 19

The law does not restrict the "fair use" of methods for the circumvention of encryption software or other technological antipiracy protection for educational and other noncommercial purposes.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 9: Internet Law,social Media,and Privacy

Employers can monitor employees' electronic communications made in the ordinary course of business,including employees' personal communications.

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

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

Emily and other users of Facebook and other social networking sites post messages,images,and other materials on these sites.Social media posts are routinely included in discovery in litigation to

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

Interactive Entertainment Corporation markets its products online.Through the use of cookies,Interactive Entertainment and other online marketers can

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.

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

Sly includes in his song "Sneaky" a few seconds of Wily's copyrighted sound recording "Wits" without permission.Some federal courts have found that such digital sampling is

When you download an application on your smartphone,you are typically entering into a license agreement.

April and other employees of Bodegas & Bistros,Inc.(2B),maintain a password-protected social media page to "vent about work." When 2B learns of the page,the company intimidates April into revealing the password,and after reviewing the posts,fires her and the other participants.Most likely,this is

An Internet service provider (ISP)is not liable for copyright infringement by its customer unless the ISP is aware of the subscriber's violation.

The law does not restrict the "fair use" of methods for the circumvention of encryption software or other technological antipiracy protection for educational and other noncommercial purposes.

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

Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Court Procedures

Business and the Constitution

Business Ethics

Torts

Strict Liability and Product Liability

Intellectual Property Rights

Criminal Law and Cyber Crime

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Mistakes,fraud,and Voluntary Consent

The Writing Requirement and Electronic Records

Third Party Rights

Performance and Discharge in Traditional E-Contracts

Breach of Contract and Remedies

Formation of Sales and Lease Contracts

Title,risk,and Insurable Interest

Performance Breach of Sales Lease Contracts

Warranties

International Law in a Global Economy

Agency Formation and Duties

Agency Liability to Third Parties and Termination

Employment,immigration,and Labor Law

Employment Discrimination and Diversity

Sole Proprietorships and Franchises

Partnerships and Limited Liability Partnerships

Other Organizational Forms for Small Businesses

Corporate Formation and Financing

Legal and Ethical Issues in Business

Legal Issues in Technology and Business

Legal Issues in Contracts

Legal and Ethical Issues in Business and Trade

Legal and Ethical Issues in Employment Practices

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