Cyber Law and Intellectual Property – LAW 421

Topics about the Cyber Law and Intellectual Property

The following business law study guide covers topics related to the cyber law and intellectual property.

The Digital Millennium Copyright Act (1998) provides

​​ that ISPs are not liable for copyright infringement by users of their service if the ISP lacks knowledge of the infringement.

Explanation: The DMCA provides a safe-harbor clause for ISPs in copyright infringement cases, provided they meet a set of defined guidelines. Included in these guidelines are the requirement that the ISP has not been notified and was unaware of any infringement taking place.

The term cybersquatting means

​​ registering multiple domain names using names from famous trademarks with an intent to sell them to the companies owning the famous marks at inflated prices.

Explanation: Although cybersquatting is much lesson common today, the early days of the tech boom so individuals registering popular domain names, then selling them to the rightful owners at prices far above normal market demand.

Which of the following would be considered intangible property?

​​ A right of ownership or possession

Explanation: The right to perform or possess is a form of intangible property. Some examples include patents, copyrights, easements, distribution rights, etc. These items have financial value as assets, but no physical inherent value.

The three stripes on Adidas clothing represents a      

​​ trademark.

Explanation: A trademark usually comes in the form of a company logo, brand name, other distinguishing symbol. In this case, the Adidas stripes are a perfect example of a trademark.

The distinctive color(s) or shape of an item is an example of

​​ trade dress.

Explanation: Trade dress refers specifically to the packaging and visual appearance of a product. For example, the trade dress of a box of CrackerJacks could be summed up as a “small square box with pinstripes and a picture of a sailor”.

The utilitarian approach to moral philosophy was founded by whom?

​​ Jeremy Bentham

Explanation: Jeremy Bentham is a 18th philosopher who is credited as the founder of utilitarianism. This approach to philosophy believes that all decisions should be aimed upon the highest possible positive consequences.

Which of the following is rarely awarded in contracts cases?

​​ Punitive damages

Explanation: Punitive damages are awarded with the intention of deterring a defendant from engaging in types of activities that started the lawsuit. Generally speaking, it is quite uncommon for punitive damages to be awarded in a contract case.

 
  • Student: Hanzel Wolff
  • Textbook: Law 421 Final Exam
  • Course: Business Law
 

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