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Computer and Internet Law > Exam 2 Terms > Flashcards

Exam 2 Terms Flashcards

1
Q

shrinkwrap

A

the cellophane around software that constitutes an enclosed package

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2
Q

digital signature

A

a PIN generated by a complex mathematical formula that can be used, in combination with specialized software, to authenticate the sender of a message and that the content has not been altered in transit.

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3
Q

35 USC $102

A

Novelty section of US patent law that changed on March 16, 2013 from ‘first to invent’ to ‘first to file’

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4
Q

trademark

A

a distinctive mark of authenticity, through which the product of particular manufacturers or the vendable commodities of particular merchants may be distinguished from those of others.

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5
Q

tying arrangements

A

requirements that the buyer of a product or service purchase a second, distinct product or service as a condition of purchasing the first

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6
Q

“means for” analysis

A

how patent claim elements are studied to determine their specific definitions with reference to what is disclosed in a patent’s specification.

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7
Q

horizontal restraint

A

A successful operation of a price-fixing cartel would be a good example of this.

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8
Q

common carrier

A

A transporter who holds himself out to the general public for the transportation of goods over a definite route and according to a regular schedule.

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9
Q

contract

A

A traditional business document requiring offer, acceptance, and consideration; requiring ink on paper signatures.

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10
Q

last mile

A

The term referring to the telecommunications link into the home/business over which cable and phone companies have battles.

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11
Q

E-SIGN

A

The acronym for Electronic Signatures in Global and National Commerce Act

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12
Q

nonobviousness under 35 USC $103

A

all the elements of the patent claim may not be found in 2 or more items of prior art and a person skilled in the art and with prior art would not find the invention apparent.

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13
Q

domain name

A

the name an individual or entity uses to identify its Web site.

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14
Q

Enablement and Claims (35 USC $112)

A

Lists what must be included in the “specification” of a patent application, including the level of technical detail required to allow a person skilled in the art to make and use the invention, as well as the best mode of making and using it.

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15
Q

ICANN

A

the organization that assumed control in 1999 of domain name registration and has the power to license organizations to become domain name registrars.

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16
Q

diversity of citizenship

A

a basis for federal court jurisdiction over a lawsuit that arises when (1) the parties of the lawsuit live in different states or when one of the party is a foreign government or a foreign citizen, and (2) the amount in controversy is more than $75,000.

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17
Q

trade secret

A

a formula, pattern, device, or compilation of information which is used in one’s business and which gives one opportunity to obtain advantage over competitors who do not know or use it.

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18
Q

Markman hearing

A

The judge (never a jury) uses expert testimony and other evidence to analyze the meaning of patent terms prior to any litigation.

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19
Q

in rem jurisdiction

A

gives the court power to adjudicate a claim about a piece of property or a status

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20
Q

procedural due process

A

means the court must have given the defendant adequate notice of the action against her and an opportunity to be heard.

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21
Q

patent

A

a government instrument conveying the exclusive right to make and sell a new invention

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22
Q

open source

A

the source program or operating system software is made freely available for modification, corrections, and redistribution.

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23
Q

long-arm statute

A

permits the state court to get jurisdiction over persons not physically present within the state at the time of service.

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24
Q

jurisdiction

A

the general power of a court to make legally binding decisions over certain persons, property, and/or geographical areas

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25
Q

subject matter jurisdiction

A

the court’s power to decide the kind of case before it (e.g. a case where the parties come from different states)

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26
Q

cybersquatter

A

someone who registers a recognized name or its misspelling as his/her own domain name when it would be recognized by the general public as belonging to someone else

27
Q

substantive due process

A

the power that comes from the 14th amendment that gives the court the power to act, either upon particular property or on a particular person so as to subject her to personal liability

28
Q

in personam jurisdiction

A

the court’s power to issue a judgment against an individual that would allow the individual to be placed in jail

29
Q

quasi in rem jurisdiction

A

a judgment affects only the property seized. The thing seized is a pretext for the court to decide a case without having jurisdiction over the defendant.

30
Q

antitrust

A

the body of law that attempts to support free competition in the marketplace by curbing monopolistic and unfair trade practices

31
Q

WIPO

A

one of 4 organizations approved to resolve domain name disputes

32
Q

UETA

A

some state legislatures have adopted this uniform law so as to authorize the use of electronic documents and electronic signatures instead of paper documents and paper signatures

33
Q

vertical restraints

A

restrictions on intra-brand competition between firms operating at different levels of the manufacturing or distribution chain that restrict conditions under which firms may purchase, sell, or resell.

34
Q

doctrine of equivalents

A

permits a finding of patent infringement when literal infringement cannot be found for all elements

35
Q

vaporware

A

false and misleading announcements of forthcoming competitive products which misleads the public by making them want to wait to buy - thus hurting competition

36
Q

initial interest confusion

A

where a customer is diverted to a competitor’s location by misuse of a trademark. Even though the customer may realize the mistake once he gets to the competitor’s website, the competitor has gained an advantage by getting the customer to look at its wares

37
Q

patent troll

A

a person or company that attempts to license patents it never intended to practice

38
Q

blurring

A

use of the same trademark on a second product as an attempt to make the customer focus less clearly on the original mark as an indication of the source of the product

39
Q

prior art

A

a list of patents and other document showing intellectual properties similar to the ones that an inventor wants to patent

40
Q

per se antitrust violation

A

traditional fixing of minimum prices, certain agreements on market division and exclusive dealings, group boycotts, tying

41
Q

tie-in sales

A

when a company, with a monopoly on one product, uses this monopoly to force customers to buy another product from the same company

42
Q

phishing

A

fraudulently soliciting consumers so as to obtain personally identifiable information

43
Q

Telecommunications Act of 1996

A

federal legislation that encouraged competition among phone companies, broadband internet services, video services, and cable companies

44
Q

minimum contacts

A

a “term of art” meaning that a defendant has taken actions purposefully directed toward the forum state (e.g. by buying or selling goods in that state)

45
Q

Rule of Reason

A

In an antitrust action, where the challenged activity is not a per se violation, the court uses this to balance the pro-competitive benefits against the anticompetitive effects to ensure that competition is being maintained or strengthened rather than restrained

46
Q

consent decree

A

an agreement between two parties that is sanctioned by the court

47
Q

tarnishment

A

the defendant’s trademark created a bad association with the plaintiff’s trademark

48
Q

file wrapper estoppel

A

the scope of a patent claim cannot be limited by 15 USC $112 to cover a process or apparatus that was specifically disclaimed by the applicant during the prosecution or a patent

49
Q

predatory pricing

A

a 3-stage process whereby: (1) a company drastically lowers prices; (2) there is an exit of producers who can;t compete; (3) the company then recoups the losses and makes money with a monopoly

50
Q

network effects

A

gains to be achieved if everyone uses the same industry standard

51
Q

switching costs

A

costs of changing industry standards

52
Q

Uniform Domain Name Dispute Resolution Policy (UDRP)

A

a process established by ICANN for the resolution of disputes regarding the registration of internet domain names. applies to all .biz, .com, .info, .name, .net, and .org top-level domains, and some country code top-level domains

53
Q

uniform law

A

a law that all state statute drafters can copy and enact in their own states

54
Q

monopolization

A

the power to control market prices or exclude competition, and the unlawful acquisition or maintenance of that power

55
Q

network neutrality

A

creating and preserving what the FCC calls the open internet

56
Q

cloud computing

A

convenient, on demand network access to a shared pool of configurable computing resources. Most models include a provider who manages and controls all aspects of keeping the service running and current

57
Q

worm

A

a piece of malicious software (sometimes called a virus) that can, unaided, replicate itself from one computer to another by taking advantage of system vulnerabilities or inherent design issues

58
Q

botnets

A

a collection of compromised computers that run autonomously and automatically at the behest of a “herder” who has placed the malicious controlling software on the computer without the owner or user’s knowledge

59
Q

use tax

A

a tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state

60
Q

willful blindness

A

a person subjectively believes that there was a high probability that a certain fact exists and takes deliberate actions to avoid learning of that fact

61
Q

classic fair use

A

the defendant uses the plaintiff’s mark in a descriptive or nontrademark manner to describe the defendant’s products or services

62
Q

nominative fair use

A

the defendant uses the plaintiff’s mark to describe the plaintiff’s products or services

63
Q

gTLD

A

the part of the domain name to the right of the last dot

Computer and Internet Law (2 decks)

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