Deck 16: Media Law

Question 1

The teen-aged hacker who broke Hollywood's anti-copying protection on commercial DVDs and allowed worldwide ripping and file-sharing of movies was

A) Jon Huntsman of Utah.
B) Jon Lech Johansen of Norway.
C) Ingemar Johansson of Sweden.
D) Lech Walesa of Poland.

Answer 1

Jon Lech Johansen of Norway.

Question 2

Worldwide protesters supporting the hacker who was put on trial for breaking Hollywood's anti-copying protection on DVDs and posting how to do it on the Internet began calling him

A) DVD Jon.
B) Johnny boy.
C) Lech-man.
D) Movie-Jon.

Answer 2

DVD Jon.

Question 3

What did Jon Lech Johansen invent?

A) cheat software for video games
B) an iPod compression program
C) DVD encryption-breaking software
D) an iTunes checkout work-around

Answer 3

DVD encryption-breaking software

Question 4

The teen-aged hacker who posted instructions on the Internet for breaking the anti-copying software code and ripping movies from DVDs was

A) fined 28 million Krone (about $5 million U.S. dollars) for malicious violation of copyright.
B) initially found guilty of Internet piracy but is now appealing his case to the World Court.
C) prosecuted for facilitating intellectual piracy but was found not guilty by the Norwegian courts.
D) taken into custody but successfully fought extradition to the U.S. and was never brought to trial.

Question 5

In defiance of the movie studios, the government prosecuting him, and copyright-lovers, the demonstrators supporting the hacker who broke the anti-copying code on movie DVDs

A) hacked into the computer system for Norway's court system and shut it down for three days.
B) held a protest march with 1 million supporters outside the courthouse where he was on trial.
C) printed and sold t-shirts imprinted with his program for breaking the copy-protection.
D) symbolically burned more than 10,000 movies on DVDs in protest.

Question 6

Once the trial of the Norwegian teen who published instructions for getting around the anti-copy protection on movie DVDs was over,

A) Norway revised its laws to forbid any software that could be used to undermine copyrights.
B) Norwegian authorities expressed complete satisfaction with the outcome.
C) The U.S. and other countries quickly passed new laws parallel to those already in Norway.
D) The U.S. government, on behalf of the Hollywood movie industry, appealed to the World Court.

Question 7

What type of law protects ownership rights to intellectual property?

A) First Amendment
B) public domain
C) copyright law
D) libel law

Question 8

What protects the ownership rights of creative works such as books, articles, and lyrics?

A) a trademark
B) a patent
C) a copyright
D) free expression rights

Question 9

What term is used to define creative works?

A) creativity
B) intellectual property
C) property of the mind
D) mindworks

Question 10

The Recording Industry Association of America is e-mailing individuals to inform them of

A) new musical releases.
B) where people can buy music online.
C) their personal liability for violating federal copyright laws.
D) the correct and legal way to copy online music.

Question 11

When a copyright holder grants rights to another party to use the holder's intellectual property, it's legally considered to be

A) a transfer of rights.
B) permission.
C) first-use rights.
D) a consensual grant..

Question 12

A person can transfer ownership interests in intellectual property rights, which is called

A) permission.
B) an infringement waiver.
C) an assignment.
D) a consensual agreement.

Question 13

What term is used to describe the theft of copyright-protected material?

A) download license
B) piracy
C) assignment
D) intellectual objective

Question 14

What company went out of business after losing a 2005 U.S. Supreme Court case that ruled promoting illegal copying of intellectual property, in this case music, is an infringement on copyright?

A) Knap-Star
B) Grokster
C) Betamax
D) Music Downloader

Question 15

What is the Google Print Library Project?

A) It catalogues every book that's ever been written.
B) It indexes history's most notable books.
C) It digitizes 15 million English-language books for online access.
D) It indexes all the books, essays and articles that influenced the U.S. Constitution.

Question 16

The free expression provision of the U.S. Constitution is contained in the

A) Fourth Amendment.
B) Third Amendment.
C) Second Amendment.
D) First Amendment.

Question 17

What is the implied function of the media that is contained in the First Amendment?

A) to operate without government subsidies
B) to report on the American way of life
C) to be watchdog of government
D) to offer advice and consent to government.

Question 18

The Alien and Sedition acts of 1798

A) protected free speech.
B) penalized speech that was critical of government.
C) dictated that only U.S. citizens had free speech.
D) reinforced free speech in statute.

Question 19

A constitutional prior restraint violation probably has occurred when

A) the government heads off an utterance before it is made.
B) an editor eliminates controversial passages from a Danielle Steel manuscript.
C) an author reconsiders a passage that might offend readers.
D) a U.S. senator recants something she said in an interview.

Question 20

The Schenck case determined that

A) stolen government documents cannot be used in public media.
B) the government has no special powers against free expression during wartime.
C) the government can only take wartime actions if classified information is being revealed.
D) the government can limit free expression when the nation is at war.

Question 21

Prohibiting expression before it is disseminated is called

A) prior restraint.
B) repression.
C) regression..
D) the TPM Standard.

Question 22

Who was the white racist involved in a 1950s U.S. Supreme Court case that provided explicit requirements to justify limiting free expression?

A) Charles Schenck
B) Elizabeth Baer
C) Clarence Brandenburg
D) Benjamin Gitlow

Question 23

The Incitement Standard originated in an Ohio case involving

A) racist Clarence Brandenburg's comments at a KKK rally.
B) the publication of a secret national policy study called the Pentagon Papers.
C) a civil advertisement placed in the New York Times.
D) anti-war pamphlets distributed by socialists.

Question 24

Which of the following is NOT a test of the Incitement Standard?

A) The statement advocates a lawless action.
B) The statement aims at producing lawless action.
C) The statement must be directed at harming a specific figure, group or object.
D) Lawless action must be imminent.

Question 25

Elizabeth Baer and Charles Schenck were arrested and eventually lost a U.S. Supreme Court case for

A) shouting "fire" in a crowded theater.
B) printing a newspaper critical of government.
C) protesting loudly in front of the White House.
D) handing out leaflets aimed at recently drafted men.

Question 26

How did the government justify stopping the Pentagon Papers?

A) The Papers dug into the private life of President Kennedy.
B) The Papers could hurt national security.
C) The Papers were stolen by a Soviet agent.
D) The Papers were the work of a traitor.

Question 27

This 2001 law gave federal agents new authority to preempt terrorism.

A) copyright law
B) Patriot Act
C) Pentagon Act
D) Freedom of Terrorism law

Question 28

The book industry objected to the Patriot Act because it

A) allowed wiretaps of just about everyone.
B) required government review and approval of new books on terrorism.
C) allowed federal agents to go into bookstores and libraries and look at customers' records.
D) put authors and their political beliefs in a national registry.

Question 29

The "'Fire!' in a crowded theater" test came from the pen of

A) Charles Schenck.
B) Charles Evans Hughes.
C) Oliver Wendell Holmes.
D) Daniel Ellsberg.

Question 30

The Fighting Words Doctrine determined that

A) violent acts may be justified if provoking language is harsh enough.
B) censorship can be justified against insulting language that is likely to provoke violence.
C) libel does not apply where a history of "fighting words" can be proven between the two parties.
D) language, no matter how violent, is still protected by the First Amendment.

Question 31

The TPM Standard states that

A) government can control time, place and manner of expression for any reason as long as that expression is given some alternate venue.
B) whether a statement is considered libel or not can depend wholly on the time, place and manner in which the libelous statements were presented.
C) when public opinion is involved, government should "trust the public majority."
D) government can control the time, place and manner of expression as long as the limits are content-neutral.

Question 32

Government agents opposed Ulysses being distributed in the United States because

A) copyright royalties were delinquent.
B) they thought James Joyce was a communist.
C) the stream of consciousness style of writing was too hard to follow.
D) they disapproved of four-letter words and explicit sex portrayed in the book.

Question 33

What was the major distinction between the Ulysses and Lady Chatterley's Lover cases?

A) The court upheld sexual references in Ulysses as having literary merit but not in Chatterley.
B) One ruling was against the customs service; the other against the postmaster general.
C) Chatterley had literary merit and the explicit love scenes were essential to the heart of the story.
D) One was in Gaelic, the other in English.

Question 34

The New York Times v. Sullivan case broadened free-expression protections to

A) advertising.
B) newspaper editorials.
C) movies.
D) television.

Question 35

The term "commercial speech" is the legal term that includes

A) speeches given on public property.
B) speeches given on private property.
C) advertising.
D) content in any print publication offered for sale.

Question 36

Offensive expressions, especially those aimed at individuals or groups because of their race, ethnic characteristics, sexual-orientation, or minority status, are known as

A) libel.
B) emotive speech.
C) slander.
D) hate speech.

Question 37

The political correctness movement suffered a setback in what hate speech case?

A) Chaplinsky v. New Hampshire
B) Roe v. Wade
C) R.A.V. v. St. Paul
D) Schenck v. U.S.

Question 38

Although licensing of the mass media seems contrary to the First Amendment, the U.S. Court has permitted licensing of broadcasters for all of the following reasons EXCEPT

A) the airwaves which broadcasting uses belong to the public, not any private owner.
B) broadcasting is so expensive it was necessary to protect the station operators' investments.
C) the radio industry asked the government to step in and bring order to the chaos in 1927.
D) scarcity of frequencies requires limits on who and how many people transmit signals.

Question 39

What did the Federal Radio Commission do in response to John Brinkley using his radio station to make outrageous claims about his medical cures?

A) Ruled the First Amendment protected his speech
B) Granted the radio station a license renewal but restricted what he could say
C) Sued Brinkley for false advertising
D) Did not renew his license

Question 40

A written defamation is called

A) libel.
B) slander.
C) hate speech .
D) detraction .

Question 41

Which of the following would be most hard-pressed to win a libel suit?

A) a public school teacher
B) a shop keeper
C) a mayor
D) a janitor

Question 42

What was the legal significance of the Sullivan case?

A) Free debate is more important than factual errors that hurt public officials.
B) Public officials deserve protection from libel.
C) Exorbitant libel damages are acceptable.
D) Advertorials are exempt from libel suits.

Question 43

In the Sullivan decision, the U.S. Supreme Court ruled that

A) to be found guilty of libel, one must display reckless disregard of the truth.
B) public officials need shielding.
C) the advertorial deserved Constitutional protection.
D) the New York Times had recklessly disregarded the truth.

Question 44

Which of the following would NOT have to prove reckless disregard for the truth in a libel lawsuit?

A) government officials
B) political candidates
C) business executives
D) publicity hounds

Question 45

The __________ were a musical group who did not appreciate negative reviews. They sued, and lost, ultimately causing the right of fair comment and criticism to be formulated.

A) Cherry Sisters
B) Sonny and Cher
C) Charles Schenck Trio
D) The Cherrettes

Question 46

The right of fair comment and criticism

A) means performers must put up with comments about their public and private lives.
B) allows small portions of copyrighted work to be used in other media products.
C) gives public figures the right to object to criticism of their work.
D) does not extend to a performer's private life.

Question 47

Sexually explicit depictions that are protected from government bans are known as

A) legislative privilege.
B) intellectual property.
C) indecency.
D) pornography.

Question 48

This term encompasses a range of words and depictions deemed to be improper on public airwaves.

A) rumors
B) pornography
C) indecency
D) smut

Question 49

What was the government's failed attempt to limit content available on the Internet?

A) the Indecency Standard
B) the Comstock Law
C) the Freedom of Information Act
D) the Communications Decency Act

Question 50

What flaw did the U.S. Supreme Court find in the 1996 Communication Decency Act?

A) the impossibility of denying questionable material to children without restricting freedom of speech for adults
B) The law failed to win joint support of both Republicans and Democrats.
C) It was unbalanced because it didn't apply the same standards to printed media.
D) Cable channels were not included.

Question 51

Jon Lech Johansen developed software to share music.

Question 52

Jon Lech Johansen of Norway was a teen when he hacked Hollywood's copy- protection on DVDs and revealed how to do it online thus allowing worldwide ripping and file-sharing of movies.

Question 53

The teen-aged hacker who posted online instructions for breaking the anti-copying code and ripping movies from DVDs was prosecuted but found not guilty by the Norwegian courts.

Question 54

The hacker who posted online instructions for breaking the copy-protection code and ripping movies from DVDs was taken into custody but successfully fought extradition to the U.S. and was never put on trial.

Question 55

Supporters of the hacker who broke the anti-copy protection on movie DVDs produced and sold t-shirts imprinted with his directions for ripping movies from DVDs for sharing.

Question 56

Once the trial of the Norwegian teen who published instructions for getting around the anti-copy protection on movie DVDs was over, Norway revised its laws to keep it from happening again.

Question 57

DVD-Jon was caught in a struggle between media conglomerates that own creative content and individuals who claim the right to do whatever they want with the media products they buy.

Question 58

Copyright protections are recognized in the U.S. Constitution.

Question 59

The idea behind copyrighting is to encourage creativity.

Question 60

Copyright law protects the ownership rights of creative works.

Question 61

Copyright law protects all forms of intellectual property.

Question 62

If someone wants to legally use the copyright-protected work of another, one way is to get permission.

Question 63

The assignment of rights is just another way to describe the granting of permission to use copyrighted work.

Question 64

Any theft of copyright-protected work is called copy-banditry..

Question 65

The theft of copyright-protected material for the purpose of making money is called copy-larceny..

Question 66

The assignment of rights is the transfer of ownership interest in a piece of intellectual property.

Question 67

An infringement is a violation of copyright.

Question 68

Grokster started a project to digitize books for an online index.

Question 69

The Google Print Library Project would digitize and index all newspapers, magazines and books of the 20^th Century.

Question 70

The Recording Industry Association of America has decided not to pursue legal action against college students who illegally download music.

Question 71

It is estimated that more than half of all college students illegally download music and movies.

Question 72

The Recording Industry Association of America is e-mailing individuals to inform them of their legal liability for violating federal copyright laws by unlawfully downloading or sharing music.

Question 73

People who are known to have illegally downloaded music are receiving pre-litigation notices from the music industry warning them to pay an out-of-court settlement of several thousand dollars now or be sued in court for copyright violation.

Question 74

The First Amendment brought the United States into line with nations worldwide in guaranteeing free expression.

Question 75

News media are called the third branch of government.

Question 76

The Alien and Sedition acts made it illegal to criticize government leaders and policies.

Question 77

Charles Schenck and Elizabeth Baer were arrested for distributing anti-war pamphlets about the Vietnam War.

Question 78

In the Supreme Court's ruling on Near v. Minnesota, prior restraint was banned except in extraordinary circumstances such as life-or-death situations or wartime.

Question 79

Prior restraint is prohibiting expression in advance.

Question 80

Clarence Brandenburg spoke at a Ku Klux Klan rally and was arrested because he said hateful and threatening things. His conviction was later overturned because his speech was far-fetched and not considered an imminent threat.