Exam 2 Terms Flashcards Preview

Computer and Internet Law > Exam 2 Terms > Flashcards

Flashcards in Exam 2 Terms Deck (63):
1

shrinkwrap

the cellophane around software that constitutes an enclosed package

2

digital signature

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.

3

35 USC $102

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

4

trademark

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.

5

tying arrangements

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

6

"means for" analysis

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

7

horizontal restraint

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

8

common carrier

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.

9

contract

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

10

last mile

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

11

E-SIGN

The acronym for Electronic Signatures in Global and National Commerce Act

12

nonobviousness under 35 USC $103

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.

13

domain name

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

14

Enablement and Claims (35 USC $112)

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.

15

ICANN

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

16

diversity of citizenship

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.

17

trade secret

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.

18

Markman hearing

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

19

in rem jurisdiction

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

20

procedural due process

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

21

patent

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

22

open source

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

23

long-arm statute

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

24

jurisdiction

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

25

subject matter jurisdiction

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

26

cybersquatter

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

substantive due process

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

in personam jurisdiction

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

29

quasi in rem jurisdiction

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

antitrust

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

31

WIPO

one of 4 organizations approved to resolve domain name disputes

32

UETA

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

vertical restraints

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

doctrine of equivalents

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

35

vaporware

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

36

initial interest confusion

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

patent troll

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

38

blurring

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

prior art

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

40

per se antitrust violation

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

41

tie-in sales

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

42

phishing

fraudulently soliciting consumers so as to obtain personally identifiable information

43

Telecommunications Act of 1996

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

44

minimum contacts

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

Rule of Reason

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

consent decree

an agreement between two parties that is sanctioned by the court

47

tarnishment

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

48

file wrapper estoppel

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

predatory pricing

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

network effects

gains to be achieved if everyone uses the same industry standard

51

switching costs

costs of changing industry standards

52

Uniform Domain Name Dispute Resolution Policy (UDRP)

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

uniform law

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

54

monopolization

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

55

network neutrality

creating and preserving what the FCC calls the open internet

56

cloud computing

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

worm

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

botnets

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

use tax

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

willful blindness

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

classic fair use

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

62

nominative fair use

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

63

gTLD

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