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22 Cards in this Set
- Front
- Back
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What do cybersquatters do?
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They register internet domain names of famous companies and people and hold them hostage by demanding ransom payments from the famous company or person.
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What are the 2 requirements of the Anticybersquatting Consumer Protection Act?
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1. The name must be famous
2. Domain name must have been registered in bad faith. |
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Example of cybersquatting
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Julia Roberts won domain name juliaroberts.com back because it had been registered in bad faith. Singer Sting not so fortunate because the word sting is generic so the original company got to keep the domain name.
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e-contracts
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Contracts that are entered into by e-mail and the world wide web.
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Are e-contracts valid?
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Yes
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What is the problem with e-contracts?
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The main problem in a lawsuit seeking enforcement against an e-mail/web contract is evidence, but this problem, which exists in almost all cases, can be overcome by printing out the e-mail or web contract and its prior e-mail or web negotiations if necessary.
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What does the statute of frauds say about e-contracts
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the writing requirement for statute of frauds has been met
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How has the writing requirements of the statute of frauds been met?
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One of the main features of the e-sign act is that is recognizes electronic contracts as meeting the writing requirement of the Statute of Frauds for most contracts.
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What does the 2000 federal act provide?
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Provides that electronically signed contracts cannot be denied because they are in electronic form or delivered electronically. Act also provides retention requirements are met if the records are stored electronically.
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E-signature
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Act gives an e-signature the same force and effect as a pen inscribed signature on paper. The act is technology neutral, however, in that the law does not define or decide which technologies should be used to create a legally binding signature in Cyberspace.
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What does the act provide a digital signature can be verified?
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1. By something the signatory knows; such as a secret password, pet's name, and so forth
2. By something a person has, such as a smart card. 3. By biometrics. |
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license
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A contract that transfers limited rights in intellectual property and informational rights.
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License means
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a contract that authorizes access to, or use, ect but expressly limits access or uses authorized for expressly grants fewer than all rights in the information whether or not the transferee has title to a licensed copy. The term includes an access contract, lease of a computer program, and consignment of a copy.
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What does a license grant
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grants contractual rights expressly described in the license and the right to use any info rights within the licensor's control that are necessary to exercise the expressly described rights.
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Exclusive license
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A license that grants the licensee exclusive rights to use informational rights for a specified duration
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Consumers are not bound by unilateral electronic errors if 4 conditions are met:
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1. Promptly upon learning of the error notifies the licensor of the error.
2. Does not use or receive any benefit from the information or make the information or benefit avail to a 3rd party 3. Delivers all copies of the info to the licensor or destroys all copies of the info pursuant to reasonable instructions from the licensor. 4. Pays all shipping, reshipping, and processing costs of licensor. |
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LIcensor's damages
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Monetary damages a licensor may recover from a licensee who breaches a contract
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What damages can a licensor recover if a licensee breaches a contract?
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can recover monetary damages caused by breach plus consquential damages and incidental damages
also lost profits because the licensor has effectively unlimited capability to make access avail to others so there will be no license to substitute to reduce damages owed by breaching license |
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electronic self help
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if a breach occurs for example, licensee fails to pay license fee. Such self help can consist of activating disabling bugs and time bombs embedded in the software of info that will cause them not to be able to use the software anymore.
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What are the 3 requirements for self help to licensor?
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1. Licensee must specifically agree to the inclusion in the license of self help as a remedy. There must be a specific self-help option to which licensee assents.
2. Licensor must give licensee at least 15 days notice to allow them to make lawful adjustments or sek judicial remedy. 3. Licensor may not use self help if doing so would cause breach of peace, risk personal injury, cause significant damage to info other than licensee's. |
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Information Infrastructure Protection Act
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In this federal law, Congress addressed computer-related crimes as distinct offenses.
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What does the Information Infrastructure Protection Act do?
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Makes it a federal crime for anyone to intentionally access and acquire info from a protected computer without authorization. the IIP act does not require that the defendant accessed a protected computer virus over the internet or hackers who trespass into internet connected computers may be criminally prosecuted. Even merely observing data without authorization i sufficient to constitute a violation and can be imprisonment or fines associated with these actions.
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