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BUSN18DE1 Hector Luis Ibarra

Page 146 1 4 Reviewing 1. Would the name Hallowed receive protection as a trademark or as trade dress? The name Hallowed would not receive protection as a trademark or as a trade dress. 2. If Trent and Xavier had obtained a business process patent on Hallowed, would the release of Halo 2 infringe on their patent? Why or why not? No, it would not infringe on their patent because Halo 2 is already registered. 3. Based only on the facts described above could Trent and Xavier sue the makers of Halo 2 for copyright infringement? Why or why not? Trent and Xavier cannot sue the makers of Halo 2 because Halo 2 registered before they did. 4. Suppose that Trent and Xavier discover that Brad took the idea of Hallowed and sold it to the company that produced Halo 2. Which type of intellectual property issue does that raise? It raises Patent infringement. Page 149 For Review 1, 3, 5 1. 2. 3. What is intellectual property? I.P. is any property resulting from intellectual, creative processes , (the products of an individuals mind). What laws protect authors rights in the works they generate? Copyright law, protects authors rights. What steps have been taken to protect intellectual property rights in todays digital age?

Page 173 Reviewing #1-4 1. Did Hanousek have the required mental state (mens rea) to be convicted of a crime? Why or why not? Yes he did have the mental state, because he was the corporate officer responsible for the project and he had the power to prevent the criminal violation. Corporate directors/officers are personally liable for the crimes they commit, and they can also be held liable for the crimes of their employees that are under their supervision. Hanousek can be held criminally negligent for the backhoe operator puncturing the pipeline because Hanousek was the corporate officer who is responsible for every detail of the 6-mile quarry, he also had the power to prevent the criminal violation.

BUSN18DE1 Hector Luis Ibarra 2. Which theory discussed in the chapter would enable a court to hold Hanousek criminally liable for violating the statute regardless of whether he participated in, directed, or even know about the specific violation? The theory to enable the court to hold Hanousek criminally liable for violating the statue regardless of whether he participated in, directed or even knew about the specific violation would be the Responsible Corporate Officer Doctrine. Hanousek was criminally liable because his conduct was negligent and due to his negligence, the spill took place. Hanouseks job as a road master was to ensure that the pipeline was protected, since he failed to ensure this, and with him being an authorative figure over the operator, this holds him criminally liable. 3. Could the backhoe operator who punctured the pipeline also be charged with a crime in this situation? Explain The backhoe operator cant be charged with a crime in this case even though it was his mistake that lead to the accident. Hanousek was the supervisor and he, could have prevented the accident from occurring. The law puts the responsibility solely on him. The backhoe operator would basically be unable to be convicted because most corporations have clauses in place to shield employees and leaving all the responsibility on their superiors. 4. Suppose that at trial, Hanousek argued that he could not be convicted because he was not aware of the requirements of the CWA. Would this defense be successful? Why or why not? Although Hansouk was in charge of overseeing the facilities of the railroad project, his defense would not stand a chance in court because he knows that he is dealing with a dangerous device that would potentially be a danger to the public. He would at a minimum be guilty of strict liability which would enable him to be convicted of a violation even if he had no knowledge of the illegality of the action. Page 176 #3 & #5 What defenses might be raised by criminal defendants to avoid liabilitity for criminal acts? Self defense to protect themselves; necessity to prevent greater harm. Insanity, which is an incapable state of mind. Mistake of fact, duress when the wrongful threat of one person induces another person to perform an act that he/she would not otherwise perform. Entrapment, enticing a person to commit crimes in order to later prosecute for the criminal act. Statute of limitation, where the state must initiate criminal prosecution within a certain number of years.

BUSN18DE1 Hector Luis Ibarra Immunity, when the state can grant immunity from the prosecution or agree to prosecute for a less serious offense in exchange for information.

What are the basic steps in the criminal process? Arrest Indictment of Information Trial Page 194 1-4 1. What is the term for the type of e-mail that Donahue received offering a sample of the nutritional supplement? Cyber fraud, a misrepresentation knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to her or his detriment. 2. Assuming that the information contained in the e-mail was not false or misleading, did it violate any federal law? Why or why not? Yes, because of the CAN-SPAM Act of 2003, it prohibits false and deceptive emails originating in the United States, spamming from servers. 3. Is it clear that the company that sold the acai berry supplement to Donahue was engaged in a crime related to her credit card? Why or why not? No, because the sellers agent claimed that the company did not sell her creditcard information to any third party or have any contacts with Israel. 4. Suppose that when Donahue clicked on the link in the e-mail, malicious software was downloaded onto her computer. Whenever Donahue subsequently typed in her personal information online, that program then recorded the keystrokes and sent the data to cyber crooks. What crime has been committed, and why might it be difficult to prosecute? The crime committed was identity theft. It might be difficult to prosecute due to the amount that was charged. Page 197 #3 What are three reasons that cyberstalking may be more commonplace that physical stalking? The effort it takes to physically stalk someone, it is easier to harass a victim with electronic messages. Avoiding personal confrontation The stalker and victim do not have to be in the same geographical location.