Question 1 3 pts In "The Perfect Storm" Wagner ...

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Question 1
3 pts
In "The Perfect Storm" Wagner suggests the way past the uncertainty of fair use will be to:
a. base the fair use test strictly on marketplace effects
b. develop a litigation strategy that restructures the four-factor test
C. presume fair use attaches to noncommercial uses
d. adapt copyrighted works by paraphrasing key elements
e. both a) and b)
f. both a) and c)
g. all of the above

Question 2
3 pts
When a Court reviews the validity of a NDA, it examines:
a. the interests of the disclosing party in keeping the information secret
b. the period of time the information must be kept secret
C. the impact the NDA has on copyright treaties
d. the economic harm to businesses that might benefit from disclosure
e. both a) and b)
f. both c) and d)
g. none of the above

Question 3
3 pts
A prima-facie duty is:
a. a duty that must never be performed
b. a duty that cannot be overridden
C. a duty that requires inaction
d. a duty that can be overridden
e. both a) and b)
f. both a) and c)
g. none of the above

Question 4
3 pts
Multiple Choice/True False: Circle the letter of the best answer. (3 points each)
In "Privacy: Its Meaning and Value" Moore argues that:
a. privacy is best understood as a right to control access to physical things (like bodies) and intangible things (like personal information)
b. the forms of privacy are culturally relative (the rituals of association and disassociation differ across societies) yet the need to control access is objectively valuable
C. privacy is valuable because is enhances group stability
d. privacy is valuable because it allows individuals space to grow personally
e. all of the above

Question 5
3 pts
The tort of intrusion is:
a. Intruding (physically or otherwise) upon the solitude of another in a highly offensive manner
b. publicizing a highly offensive and false impression of another
C. using another's name or likeness for some advantage without the other's consent
d. both b) and c)
e. none of the above

Question 6
3 pts
Griswold, Roe, and Lawrence mark out what some have called "fourth amendment privacy" - that is the right against unreasonable searches and seizures.
a. true
b. false

Question 7
3 pts
In "Toward an Approach to Privacy in Public" Nissenbaum makes which of the following arguments?
a. privacy can and should be be reduced to more basic concepts like property or self-ownership
b. technology requires a more inclusive theory of privacy that extends to non-intimate information
C. decisional privacy (Griswold, Roe, and Lawrence) are really aspects of liberty rather than privacy
d. both a) and c)
e. all the the above
f. none of the above

Question 8
3 pts
Legal privacy protections include constitutional claims, common law torts, and state and federal statutes and regulations. The U.S. Constitution does not explicitly protect a right to privacy but privacy rights are read into which of these combinations of the Bill of Rights:
a. Amendments I (privacy of belief), Il (privacy of the home), IV (protection from unreasonable searches)
b. Amendments I (privacy of belief), V (informational privacy), XI (privacy of bodily integrity)
C. Amendments I (privacy of belief), III (privacy of the home), IV (protection from unreasonable searches), XIV (personal liberty)
d. Amendments I (privacy of belief), Il (privacy of the home), V (informational privacy), IX (other rights retained by the people)
e. Amendments I (privacy of belief), IV (protection from unreasonable searches), V (informational privacy), X (state privacy)
f. Amendments I (privacy of belief), V (informational privacy), IX (other rights retained by the people), XV (voting privacy)

Question 9
3 pts
Eudaimonism is a moral philosophy that defines right action as that which leads to the "well-being" of the individual, thus holding "well-being" as having essential value. Well-being involves sensations, self- development, and a sense of self-worth.
a. true
b. false

Question 10
3 pts
The following types of works are not protected under copyright law:
a. recipes
b. government publications
C. works made for hire
d. unpublished works
e. both a) and b)
f. all of the above
g. none of the above

Question 11
10 pts
Short Answer: In the space provided answer the following question(s). You aren't expected to use any fancy formatting for the short answer questions. Canvas just automatically puts the formatting toolbars in. You do need to answer the questions in writing, so avoid the media buttons.
Note: cutting a pasting from the slides are articles is not sufficient put your answers in your own words. Describe Fair Use best practices as outlined by Niva Elkin-Koren. Identify the challenges and benefits associated with these best practices. What does she mean by "top-down" and "bottom-up" norms? Provide two specific examples of how the adoption of best practices may improve copyright law.

Question 12
10 pts
If property rights are essentially about control and privacy rights are as well, then maybe privacy rights are simply a special form of property rights. Is there a connection between privacy rights and IP rights?
For those who reject IP rights, do they also have to reject privacy rights? Please provide specific examples.

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1. In the perfect story: F. – both a and c
2. When a court review: E. – both a and b...

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