Sixth Annual it. Can association Conference October 3 – 4, 2002 Fairmont Château Laurier Hotel it. Can – it law Quiz
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- 1. In what case was the following statement made
- 2. In what case was the following statement made
- 6. Match the definition of the term “computer program” to the statute in which it is used
- 7. The name for computer programs used by search engines to electronically visit websites, gather relevant data about those websites, and compile and index the information.
- 10. Match the definition of the term “electronic signature” to the statute in which it is used
- 11. In which of the following contracts is acceptance inferred by conduct
- 13. In which case was the following judicial observation made
- 14. In what case did the court make the following suggestion for separating ideas from expression in a computer program
- 16. In which United States case was the following statement made
- 17. Under the law as set forth by the Federal Court of Appeal in the Tariff 22 case which statements are true
- 18. In a confidentiality agreement a “residuals rights” clause is intended to accomplish the following
- 19. How many members does IT.Can have
- 22. Under what legislation is the term ‘personal information” defined as follows
- 1. In what case involving Internet jurisdiction was the following statement made
- 2. Which judge made the following statement: "Computers, like Cleopatra, make hungry where most they satisfy."
 
Sixth Annual IT.CAN Association Conference October 3 – 4, 2002 Fairmont Château Laurier Hotel IT.CAN – IT Law Quiz 
prepared by: Barry Sookman, Partner, McCarthy Tétrault Chair, Internet and Electronic Commerce Law Group (Toronto) bsookman@mccarthy.ca (416) 601-7949 Name of Contestant: _______________________________________ Copyright McCarthy Tétrault 2002 1. In what case was the following statement made: “As I have indicated the claims of the scientific experts do not control the legal context nor the proper conclusions. Bold assertions that the Internet is unlike other systems do not lead to the abandonment of the analysis that the law has traditionally and reasonably followed to reach just conclusions. The trumpeting of cyber space miracles does not add much to the sphere of debate here and occasionally degenerated into sloganeering, which decides nothing.” (a) Public Performance of Music 1996, 1997, 1998 (Tariff 22 Case) Fed.C.A. May 1, 2002 (b) Citron v Canadian Human Rights Commission (Jan. 18, 2002) (c) Gutnick v. Dow Jones & Co., (28 August 2001) (Sup. Ct. Vict.) (d) Yahoo! Inc. v La Lingue Contre le Raciism et Antisemitisme (N.D.Cal.2001) Answer (c) 2. In what case was the following statement made: “After hearing the evidence in this case the first finding the Court is constrained to make is that, in the computer age, lawyers and courts need no longer feel ashamed or even sensitive about the charge, often made, that they confuse the issue by resorting to legal ‘jargon’, law Latin, or Norman French. By comparison, the misnomers and industrial shorthand of the computer world make the most esoteric legal writing seem as clear and lucid as the Ten Commandments or the Gettysburg address; and to add to this Babel, the experts in the computer field, while using exactly the same words uniformly disagree as to precisely what they mean.” (a) Burroughs Business Machines Ltd. v. Feed Rite Mills (1962) Ltd. (b) Public Utilities Commn. (Waterloo) v. Burroughs Business Machines Ltd. (c) Sierra Diesel Injection Service v. Burroughs Corporation, Inc. (d) Honeywell Inc. v. Lithonia Lighting Inc. Answer (d) 3. True or false: The only limitation placed upon enforcing an exclusion of liability in the event of a fundamental breach in Canada is where to do so would be unfair, unreasonable or otherwise contrary to public policy. Answer False (not enforced where uncounscionable, See Hunter Engereering, Gordon Capital cases) 4. True or false: A limitation of liability clause that excludes liability for tort claims also excludes liability for negligence. Answer: False. See. Bow Valley Husky (Bermuda) Ltd. v. St. John Shipbuilding Ltd., [1997] 3 S.C.R. 1210. 5. True or false: The common law right to terminate a contract such as a software development contract for fundamental breach exists independently of any express contractual right to terminate a contract. Answer: True See, Bridgesoft Systems Corp. v. British Columbia, [2000] B.C.J. No. 962 (B.C.C.A.). 6. Match the definition of the term “computer program” to the statute in which it is used: (a) Means data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function. ___________ (b) A set of instructions or statements, expressed, fixed, embodied or stored in any manner, that is to be used directly or indirectly in a computer in order to bring about a specific result. ___________ (c) A set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. ___________ (1) Criminal Code (Canada)
Answer: (a)=1 (b)=3 (c)=2 (Note: one point for each right answer) 7. The name for computer programs used by search engines to electronically visit websites, gather relevant data about those websites, and compile and index the information. (a) worms (b) crawlers (c) spiders (d) webzines Answer: (b) and (c) (must have both)
Answer: True 9. True or false: The term “Cyberspace” was coined by Canadian writer William Gibson, for the virtual three dimensional environment created by computer networks in which textual, audio, and video electronic signals travel. Answer: True 10. Match the definition of the term “electronic signature” to the statute in which it is used: (a) Information in electronic form that is in, attached to or associated with a document and that a person creates or adopts in order to sign the document. __________ (b) A signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document. __________ (c) An electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. __________ (1) USA Electronic Signatures in Global and National Commerce Act
Answer (a) 3 (b) 2 (c) 1 (Note: one point for each right answer) 11. In which of the following contracts is acceptance inferred by conduct? (a) browse wrap (b) click wrap (c) web wrap (d) shrink wrap Answer: (a) (c) (d) (must have all three) 12. The registration of a domain name that is an intentional misspelling of a distinctive or famous name is called: (a) Cybersquatting (b) Zeroization (c) Typosquatting (d) Tiering Answer: (c) See, Shields v. Zuccarini case no. 00 2236 (3rd. Cir. June 15, 2001). 13. In which case was the following judicial observation made: “The principal difficulty which this case has given me arises from the anthropomorphic character of virtually everything that is thought or said or written about computers. Words like “language”, “memory”, “understand”, “instruction”, “read”, “write”, “command”, and many others are in constant use. They are words which, in their primary meaning, have reference to cognitive beings. Computers are not cognitive. The metaphors and analogies which we use to describe their functions remain just that.” (a) Apple Computer Inc. v. Mackintosh Computers Ltd. (b) Apple Computer Inc. v. Franklin Computer Corp., (c) Apple Computer Inc. v. Computer Edge Pty Ltd., (d) Milltronics Ltd. v. Hycontrol Ltd., Eng. Ch.D. (unreported) Answer: (a), Per Hugessen of Fed. CA 14. In what case did the court make the following suggestion for separating ideas from expression in a computer program: “The line between idea and expression may be drawn with reference to the end sought to be achieved by the work in question. In other words, the purpose or function of a utilitarian work would be the work's idea, and everything that is not necessary to that purpose or function would be part of the expression of the idea.” (a) Computer Associates v Altai (b) Lotus v. Borland (c) Delrina v. Duncombe (d) Whelan v Jaslow Answer: (d) 15. True or false: Under Canadian law the “merger” doctrine is considered to be a natural corollary of the idea/expression dichotomy and if there is only one or a very limited number of ways to achieve a particular result in a computer program, copyright does not subsist in those ways of achieving the particular result. Answer: True, See, Delrina v Duncombe (Ont.C.A.) 16. In which United States case was the following statement made: “At issue is a service whose very raison de’etre appears to be the failitation of a contribution of copyright infringement on a massive scale. ” (a) A & M Records Inc. v. Napster Inc. (b) UMG Recordings, Inc. v. MP3.com, Inc. (c) In Re: Aimster Copyright Litigation (d) Universal City Studios, Inc. v. Reimerdes Answer: (c) 17. Under the law as set forth by the Federal Court of Appeal in the Tariff 22 case which statements are true: (a) ISP’s can use their facilities to transmit musical works to end users in Canada without being liable for communicating works to the public or reproducing the works as long as no caching is used by the ISP. (b) ISPs can use caching technologies as long as they make no independent selection of the works to be cached. (c) To determine who is liable for communicating works to the public it is proper to apply the real and substantial link test and, therefore, a person can be liable for communicating works to the public in Canada even if there is no targeting of Canadian users. (d) A person who hosts content on a web site can be liable for authorizing infringement of copyright if the person knows that the posting is infringing and doesn’t take steps to remove the content, even though the hosting party has no control over the poster and has not actually approved of the posting. Answer: (c) and (d) 18. In a confidentiality agreement a “residuals rights” clause is intended to accomplish the following: (a) Ensure that ideas, concepts and know-how developed by a party remains confidential and not subject to any uses by the party. (b) Ensure that ideas, concepts and know-how in the memories of employees can be re-used by the employees regardless of whether the ideas, concepts or know-how are the confidential information of the other party. (c) Ensure that ideas, concepts and know-how in the memories of employees can be re-used by the employees to the extent that the ideas, concepts or know-how are not the confidential information of the other party. (d) Provide for a royalty for the use of a party’s confidential information under a license. Answer: (b) 19. How many members does IT.Can have: between (a) 150 – 200 (b) 201 – 250 (c) 251– 300 (d) 301 – 350 Answer: (d) 20. True or false: The U.S. AntiCybersquatting Consumer Protection Act can be used by a person who has no United States trade-mark to obtain a remedy for the bad faith registration of a domain name in the United States. __________ Answer: True (Barcelona case) 21. True or false: Theft of confidential information and infringement of copyright are regarded as theft under the criminal code. __________ Answer: False (R v Stewart) 22. Under what legislation is the term ‘personal information” defined as follows: “Personal information means individually identifiable information about an individual collected online including … An e-mail address or other online contact information, including but not limited to an instant messaging user identifier, or a screen name that reveals an individual’s e-mail address; … A persistent identifier, such as a customer number held in a cookie or a processor serial number, where such identifier is associated with individually identifiable information; or a combination of a last name or photograph of the individual with other information such that the combination permits physical or online contacting” ________________________________________ Answer; U.S. Children’s Online Privacy Protection Rule
Answer: False (The UEEA creates a presumption only.) 24. Which of Saskatchewan, Manitoba and Ontario was the first to (i) introduce e-commerce legislation based on the Uniform Electronic Commerce Act (UECA) ______________________; (ii) pass such e-commerce legislation ______________________ ; (iii) have its e-commerce legislation come into force ______________________ . Answer: (i) Saskatchewan (ii) Manitoba (iii) Ontario (Note one point for each right anwser) 25. True or False: Under the UECA an electronic document is presumed to be received by the addressee if the document is sent to an address designated or used by the addressee for the purpose of receiving documents of the type sent even if it has no actual or constructive knowledge that the document has been received by its system? Answer: True (Knowledge is only necessary if no system has been designated or used by the addresses). Tie Breaker Questions In the event of a tie, the following questions will be used to determine the winner. (These questions need to be answered when completing the quiz.) 1. In what case involving Internet jurisdiction was the following statement made: “Physical boundaries typically have framed legal boundaries, in effect creating sign posts that warn that we will be required after crossing to abide by different rules. To impose traditional territorial concepts on the commercial use of the Internet has dramatic implications, opening the web user up to inconsistent regulations …” (a) American Library Association v. Pataki
Answer (b) 2. Which judge made the following statement: "Computers, like Cleopatra, make hungry where most they satisfy." (a) Hoffman J., in Missing Link Software v. Magee, Ch.D August 9, 1988 (unreported) (b) Whitford J. in Datacall Ltd. v. The Post Office, Ch.D., November 27, 1981 (unreported) (c) McGarvie, J., in Madeley Pty. Ltd. & Ors (T/AS The Venture Group) v. Touche Ross & Co., Aust. Fed. Ct., Dec. 21, 1989 (unreported) (d) Steyn J.,in Eurodynamic Systems Plc v. General Automation Ltd., Q.B.D., September 6, 1988 (unreported) Answer (b) Directory: pubs pubs -> Asilomar Conference on Circuits, Systems & Computers, Pacific Grove, ca, November 1978, pp. 55 58 pubs -> Caribbean Environment Programme United Nations Environment Programme pubs -> Chapter # The Complexity of Catastrophic Wind Impact on Temperate Forests pubs -> The Affective Dimension of Pervasive Themes in the Information Technology Curriculum pubs -> The neotectonic setting of Puerto Rico pubs -> B. Uniform Regulation for the Method of Sale of Commodities pubs -> Publications by John Tait pubs -> Contents Bill Rolfe appointed Repatriation Commissioner 2 pubs -> In the high court of justice chancery division patents court Download 37.4 Kb. Share with your friends:
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