FINAL EXAM-SPRING SEMESTER

INTERNET & ONLINE LAW- GOLDEN GATE UNIVERSITY

THIS IS AN OPEN BOOK. OPEN MATERIALS EXAM. You have three hours to complete the exam. You may use any notes, books or other materials to assist you in responding to the questions.

There are two (2) essay questions on this exam. Each question is worth fifty (50) points. I suggest you spend 1/3 of your time on each question outlining your response, and then write for the remaining time you allocate for each question. If you use the full period of three hours, this would mean outlining for 30 minutes and writing for 60 minutes on each question. Each subpart is equally weighted for grading purposes, so divide your response evenly among the subparts - do not write a full answer for one part and a short answer for another part. Answer each question as fully as you can, citing any appropriate cases, industry standards, and statutes that are relevant. Write your answer in a blue book, or type it on plain, unmarked typing paper. PLACE YOUR EXAM NUMBER ON EACH BLUE BOOK OR TYPED PAGE. At the end of the exam, please turn in your exam books, scratch sheets and exam questions. 

DO NOT WRITE ON BOTH SIDES OF THE PAGE. WRITE LEGIBLY OR PRINT IF YOUR HANDWRITING IS DIFFICULT TO READ. WRITE ON EVERY OTHER LINE. If I cannot read your response to a question, your grade will be adversely affected.

Question No. 1 (50 Points)

DS9 company, a computer program and software manufacturer, has requested your advice on its rights under the following situation. DS9 has developed a computer operating system called Ferengi, and a word processing software program called Bajor, to run on their Ferengi operating system. Klingon Computing, a competitor of DS9, obtained an unreleased copy of Ferengi and Bajor from an unhappy DS9 employee, who was not authorized to take the copy from DS9.

Klingon Computing made 20 copies of the operating system and the word processing program, and went to work reverse engineering both items for the purpose of creating competing systems and programs. Their new operating system is called the Gak system, and their new word processing software is called Trek. The Gak operating system contains an exact copy of the function commands (such as "delete", "print", "escape") as are found on the Ferengi system, and an exact copy of the instructions for use and installation of the operating system.

The Trek word processing system contains exact copies of the dictionary database of the Bajor system, which lists 2500 common words and their definition. Trek also uses graphics in its program as decoration for its pages, which are very similar in appearance to graphics found on the Trek program's pages.

DS9 asks you whether it can sue Klingon, and if so, for what causes of action or claims? What defenses are available to Klingon if DS9 sues?

Question No. 2. (50 Points)

DS9, which is located here in San Francisco, has come up with a new software program, and has another legal problem for your review. The new software program is called Art for All, and contains reproductions of 1000 famous paintings, both old and new. DS9 has acquired the right to reproduce all of these paintings from the artists.

The Art for All program has been offered online to fee-paying registered customers, via a U.S. based website created by DS9, which is advertised in the English language only, at web portals such as Yahoo U.S., Excite, AOL U.S., and Alta Vista. Postal inspectors in Cardassia, a new nation made up of several countries formerly part of what was then known as the Soviet Union, have intercepted and decoded an encrypted private email from Art for All to a customer in Cardassia, and have commenced a lawsuit in Cardassia against DS9, alleging that the paintings transmitted in the email are offensive, depicting nudity and violence, in violation of the laws of Cardassia. DS9 asks you whether Cardassia has jurisdiction over it, and if so, what defenses are available to it in response to the action. What is your advice?