Exam 15: Digital Law and E-Commerce

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When contracting with an electronic agent,a contract can be formed even though the content of the purported acceptance would constitute a counteroffer if dealing with a live agent.

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Jacob has long been fascinated with gambling and has traveled to many of the world's gambling centers,including Monte Carlo.He now plans to turn his hobby into work by opening a gambling education Web site.He hopes to attract advertising from casinos who would want to reach the persons using his Web site to learn about gambling.Because of his love of Monte Carlo and its worldwide fame,he acquired several domain names with Monte Carlo in the name.Assume that a few months before he is ready to go online,he is sued by General Motors who wants the Monte Carlo domain name for use as a Web site to promote its Chevrolet Monte Carlo.Discuss the likely outcome of this lawsuit.

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Presumably this suit is being brought under the Anticybersquatting Consumer Protection Act.General Motors would have to prove that the name is famous and that Jacob acquired it in bad faith.The name of the car is probably not all that famous.That is probably not important because General Motors could not prove that Jacob acquired the name in bad faith.Jacob's use of the Monte Carlo name is legitimate for his intended use.

Which of the following is not one of the most commonly used top-level extensions for domain names?

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The suffix ".pro" is not a valid top-level suffix for a domain name.

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In order to register for a domain name,the U.S.Patent and Trademark Office must issue an authorization that the name is available and is not confusingly similar to existing names.

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Discuss how the Communications Decency Act and how it applies to ISPs.Do you agree or disagree with the protections provided under this law?

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An exclusive license means that for the specified duration of the license,the licensor will not grant to any other person rights in the same information.

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The Communications Decency Act of 1996 provides that "(n)o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

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Spam accounts for approximately twenty-five percent of all business e-mail traffic.

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The terms of a software click-wrap license are typically negotiable.

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Of the following,which celebrity was successful in recovering under the Anti-cybersquatting Consumer Protection Act from someone who improperly obtained an Internet domain name?

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The Electronic Communications Privacy Act provides that stored electronic communications may be accessed without violating the law by the party or entity providing the electronic communication service.

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Which of the following is true about the Uniform Computer Information Transactions Act?

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The CAN-SPAM Act provides victims of spam the right to bring civil lawsuits against spammers.

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In 2009,the United States Congress enacted the Anticybersquatting Consumer Protection Act (ACPA).

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Unsolicited online commercial advertising is commonly referred to as ham.

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Most software programs and digital applications are licensed by the owner of the program or application to a user of a computer or digital device.

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Most businesses conduct e-commerce by using websites on the Internet.Each website is identified by a unique Internet domain ________.

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Many spam messages are fraudulent and deceptive.

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In 1993,Congress enacted the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act).

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