Deck 15: New Developments in Copyright Law and the Semi-Conductor Chip Protection Act

Question 1

If you "purchase" or license a copy of the latest version of the program Microsoft Office, and then make four copies for your family members to use on four other computers in your home, this unlawful practice is called ______ .

Answer 1

softlifting

Question 2

Assume you are obtaining and downloading a software program from Microsoft. As you give your credit card information, a screen is presented that says, "This transaction is a license; by clicking 'Yes' on the 'Submit' button on this screen, you agree to comply with all terms of the license agreement for this software, which you may view at the following website: www.microsoft.com." What is this type of license called and is it valid? Discuss.

Answer 2

This type of license is usually called a click-wrap license because it comes into existence when the "buyer" clicks an icon on the computer screen. These licenses are valid so long as the "purchaser" or licensee is given notice of the existence of the contractual terms and unambiguously manifests assent to those terms. Asking users to show assent by saying "I agree" shows assent.

Question 3

Owners of computer programs such as TurboTax can make a backup copy of the program for their own use.

Answer 3

True

Question 4

An app is not copyrightable because it is not one of the eight categories of "works of authorship" identified by the Copyright Act.

Question 5

Generally, the DMCA places the burden of identifying what must be taken down from a website on the copyright owner-not on the Internet service provider.

Question 6

Under what circumstances is reverse engineering of computer programs permissible?

Question 7

Under the DMCA, Internet service providers such as Google and eBay are fully insulated from liability for copyright infringement in any case in which a user posts infringing materials on their sites.

Question 8

What piece of 1998 legislation represented the most significant reform to copyright law in a generation?

Question 9

Describe how an Internet service provider such as YouTube or Google can avail itself of the "safe harbor" of the DMCA if others post infringing materials on their sites.

Question 10

Technologies to protect digital works from unauthorized copying and reproduction are called ______

Question 11

If you use a camcorder to record a movie in a movie theatre, such is a criminal act.

Question 12

If an Internet service provider such as eBay has generalized knowledge that its site is being used for infringing activity, eBay will be liable for infringement.

Question 13

Why do makers of computer programs usually "license" the program to you rather than "sell" it?

Question 14

Generally, levels of software piracy are higher in the United States than in other countries.

Question 15

Each separately published version of a computer program should be separately registered with the Copyright Office (assuming each version contains new or revised authorship).

Question 16

Once an individual posts information on the Internet, it is free for all to use in any way they wish.

Question 17

Adam, a copyright applicant, is hesitant to deposit source code as a deposit for his computer program, fearing that competitors may obtain a copy of this valuable trade secret. Generally, what approach might Adam take to protect his trade secret?

Question 18

Because the issues involved with infringement of computer programs are often complex, experts are often relied on (rather than relying on the "ordinary observer" test) to determine infringement.

Question 19

Computer programs are registrable with the Copyright Office.

Question 20

How does the Copyright Alert System deter infringers?

Question 21

Why are high fashion items (for example, a dress worn by Kate Winslet to the Academy Awards) not protected by copyright and thus subject to being "knocked off"?

Question 22

What does it mean to say that vessel hull protection is sui generis ?

Question 23

The stencils used to etch, pattern, or encode an electronic circuit on a semiconductor chip are called ______.

Question 24

When a copyright owner cannot be found or located for a work, the work is said to be a[n] ______ work.

Question 25

It is said that the Copyright Act is broad enough to encompass new technologies. What does this mean, and what provision of the Act is relied on for this statement?

Question 26

eBay is aware that counterfeit Kate Spade handbags are often sold on its site. As soon as it receives information that such is the case, it acts expeditiously to remove the offending material. Discuss whether you think eBay is liable for contributing to copyright infringement.

Question 27

You have posted a picture to Facebook. Someone has notified Facebook to take this picture down because it is a copyright infringement, and Facebook did remove or block the picture. You took the picture yourself, so you know it is not an infringement. What can you do to remedy this situation?

Question 28

Briefly describe why the Second Circuit held in 2015 that Google's book scanning project was a fair use.

Question 29

Briefly describe why Congress decided to enact special legislation for semiconductor chips-why wasn't existing law sufficient to protect these items?

Question 30

Describe how using a 3D printer might violate copyright rights.