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25 Cards in this Set
- Front
- Back
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Are domain names on the Internet protected by trademark laws?
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seeing as the law is inadequate when dealing issues regarding new technologies.
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When can I not use a trademark?
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you cannot use another person's trademark if that use would confuse the reasonable consumer about the identity of goods or services associated with that trademark.
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What is a trademark?
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It has to be in some way distinctive, not what courts call "ordinary" or "merely descriptive" or "generic": you can't use trademark to protect the common name of your product - say, the name "Modems" for the modems you are selling (because that is a generic term) nor the phrase "Tasty donuts" (which merely describes the donuts).
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What can the US Government do or cannot do when it comes to anonymity?
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This cannot totally ban anonymity because of the freedom of free speech although it can enact measures to enable traceability of messages in order to pinpoint the person or machine who sent them.
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What is encryption?
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a technique for turning your message into gibberish, readable only by the person intended to read the message -- someone else who has the proper key. The most powerful forms of encryption have two keys: one public, the other private.
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What is 1 of the exceptions to the ECPA?
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intercept messages when necessary to assure the continuation of service or to protect the rights of the service provider.
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What is the main problem concerning the protection of privacy provided by the US Constitution?
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based on practices and technology that have long been obsolete. Current practices and technologies are, therefore, not accounted for.
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What is the limitation of the US Constitution when it comes to protecting citizens from invasions from the government?
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protects the citizens from physical invasions, which requires a warrant. Other types of invasions, such as wire-tapping, do not require a warrant.
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How much control do people have over other people's access to their personal-activity-related information?
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American law does not generally cover "data protection" as is with European democracies.
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When can a service provider be held liable for copyright infringement done by someone else who posted copyrighted material via their service?
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if someone complains about an infringing post, the service provider must take reasonable steps to determine whether the post is actually an infringement - whether it actually copies someone else's work, whether it's a fair use
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How do you test if noncommercial copying is unfair?
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this noncommercial copying became WIDESPREAD, would it *displace some sales
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Are domain names on the Internet protected by trademark laws?
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seeing as the law is inadequate when dealing issues regarding new technologies.
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When can I not use a trademark?
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you cannot use another person's trademark if that use would confuse the reasonable consumer about the identity of goods or services associated with that trademark.
|
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What is a trademark?
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It has to be in some way distinctive, not what courts call "ordinary" or "merely descriptive" or "generic": you can't use trademark to protect the common name of your product - say, the name "Modems" for the modems you are selling
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What can the US Government do or cannot do when it comes to anonymity?
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This cannot totally ban anonymity because of the freedom of free speech although it can enact measures to enable traceability of messages in order to pinpoint the person or machine who sent them.
|
|
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What is encryption?
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a technique for turning your message into gibberish, readable only by the person intended to read the message -- someone else who has the proper key. The most powerful forms of encryption have two keys: one public, the other private.
|
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What is one of the exceptions to the ECPA?
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intercept messages when necessary to assure the continuation of service or to protect the rights of the service provider.
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What is the main problem concerning the protection of privacy provided by the US Constitution?
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based on practices and technology that have long been obsolete. Current practices and technologies are, therefore, not accounted for.
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What is the limitation of the US Constitution when it comes to protecting citizens from invasions from the government?
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This only protects the citizens from physical invasions, which requires a warrant. Other types of invasions, such as wire-tapping, do not require a warrant.
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How much control do people have over other people's access to their personal-activity-related information?
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American law does not generally cover "data protection" as is with European democracies.
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When can a service provider be held liable for copyright infringement done by someone else who posted copyrighted material via their service?
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someone complains about an infringing post, the service provider must take reasonable steps to determine whether the post is actually an infringement - whether it actually copies someone else's work
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How do you test if noncommercial copying is unfair?
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this noncommercial copying became WIDESPREAD, would it *displace some sales* (or some advertising revenues)? If it will, it's unfair.
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How does the "Fair Use Doctrine" work?
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Has the original work been published
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When does copying not infringe copyrights?
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Copying an IDEA from someone else's work isn't considered copying for copyright purposes (though in some situations it might violate rights under the *patent* laws).
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When can copying content online be legal?
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Fair use
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