cyber law

PERSETARAAN PEPERIKSAAN AKHIR SEMESTER II

SESI 2019/2020

(FINAL EXAMINATION EQUIVALENT SEMESTER II

2019/2020 SESSION)

KOD KURSUS : SHAF 3093

(COURSE CODE)

NAMA KURSUS : UNDANG-UNDANG SIBER

(COURSE) (CYBER LAW)

PROGRAM : SARJANA MUDA

(PROGRAMME) (BACHELOR DEGREE)

MASA : 1 HARI

(DURATION) (1 DAY)

TARIKH : 25 JUN 2020

(DATE) (25 JUNE 2020)

MARKAH : 20 (MENYUMBANG 20 PERATUS KEPADA MARKAH KESELURUHAN)

(MARK) 20 (CONTRIBUTING TO 20 PERCENT OF THE OVERALL MARKS)

JENIS PENILAIAN 2 : Ujian Dalam Talian (20%)

(TYPE OF ASSESSMENT 2) (Online Test (20%))

KERTAS PEPERIKSAAN INI TERDIRI DARIPADA 3 MUKA SURAT SAHAJA (TERMASUK MUKA SURAT INI).

THIS EXAMINATION PAPER CONSISTS OF 3 PAGES ONLY (INCLUDING THIS PAGE).

Part 1: Answer the following question (10 marks)

1. (a) Nadia printed brochures and flyers for her business by copying several pictures from the internet without acknowledging the copyright owners. She also downloaded music from the internet without permission and had inserted it in her business website background. Advices Nadia on her potential liability based on Malaysian Copyright Act 1987. (6 marks)

(b) Plaintiff Leslie Kelly, a professional photographer who has copyrighted many of his images of the American West, licenses those images to other Web sites. Defendant is Arriba Soft Corp., an Internet search engine that displays its results in the form of small pictures. Arriba copied 35 of Kelly's images to its database without Kelly's permission and used them on its Web site so users could click on those small picture' "thumbnails" to view a large version of the picture. When Kelly discovered this, he brought suit against the defendant for copyright infringement. What critical factors are analyzed in determining whether the use of a particular case is a fair use? Decide if Arriba Soft Corp.'s use of the pictures is a fair use.

(4 marks)

Part 2: Answer one of the following questions (10 marks)

2. (a) A medical foundation used IDX's medical billing software. IDX's competitor is Epic. Two Epic employees left and went to work directly for the medical foundation, and soon thereafter, the foundation switched its software supplier-to Epic. IDX alleges that these two employees used their new positions to transfer valuable information to Epic, about how IDX software works, and so on, thus enabling Epic to enhance its own software package. IDX filed suit alleging the two employees misappropriated IDX's trade secrets. Analyze the strength of IDX’s case?

(6 marks)

(b) As more trade secrets are in digital format, they are ever easier to steal, misappropriate, or publish on the Internet. It is a critical management task to control employee access, knowledge, and use of trade secrets. Strategies to protect trade secrets, therefore, take on a heightened importance.

(i) Discuss 2 key strategies that businesses need to employ to protect their trade secrets.

(2 marks)

(ii) List the critical elements that a plaintiff needs to prove in a trade secret litigation.

(2 marks)

3. (a) Mr. Antonious is the owner of U.S. Patent No. 5,482,279 ("the 279 patent"), which is directed to an improved perimeter weighting structure for metal golf club heads. Spalding sells the Intimidator golf club line. The Intimidator line includes drivers and fairway woods that use what Spalding refers to as "titanium insert technology." Antonious saw several Spalding Intimidator metal wood-type golf clubs in retail stores. He purchased one of the Intimidator drivers and cut open the club head. After inspecting the interior of the club head, Antonious concluded that Spalding's club infringed his 279 patent. Discuss Antonious's legal options?

(6 marks)

(b) Analyze the case Amazon.com, Inc. v. Bamesandnoble.com, Inc. 239 F.3d 1343 (Fed. Gir. 2001) by summarizing the facts and stating the court decision.

(4 marks)

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