Note : All the question is according to Canadian law

Question 1

On May 1, 2001, Jo's trademark "QikQuirk" was registered, and it has been renewed once. In what year does it expire? Blank 1

Question 2

It is the United States, and the year is 2015. Jessie, Jamie and Jackie are inventors all working independently on a new type of communications device. Jessie had the idea first. Jackie got the invention working first. Although, both Jessie and Jamie have since produced working models. Jamie filed for a patent on the invention on June 10th. Jackie filed on July 10th, and Jessie filled on June 15th. Who gets the patent?

1. Jessie
2. Jamie
3. Jackie
4. N/A

Question 3

Sam offers to sell Harper a gaming laptop (the one with a skin that Harper likes) for $1,500, and Sam states that the offer is good for five days. Harper does not accept immediately. Three days later Harper states that Harper will buy the laptop for $1,500. Is there a contract? Explain your answer.

Question 4

Identify the business structure being used.

Mo and Harper set up a business three years ago. Unfortunately, something went horribly wrong in the second year, and a court ordered the business to pay $2,000,000. The business only had $1,000,000 and some property. The money was paid out, and the property owned by the business was sold. Fortunately, neither Mo nor Harper lost their homes or their savings.

The structure is ______.

1. Sole Proprietorship
2. Limited Partnership
3. Incorporation
4. General Partnership

Question 5

What approach to negotiation is being demonstrated? (Select the most appropriate answer.)

NOTE: Tracy needs to raise $300 for a trip. The plan is to sell some personal items, but in order to get a good price, not let anyone know she needs money.

Tracy: I am going to give some of my electronics to charity.

Harper: What are you thinking of giving away?

Tracy: My stereo, my old camera and a few other bits.

Harper: If you really do not want your stereo, I will buy it from you.

Tracy: I guess I could donate some of the money instead. How much?

Harper: $400

Tracy: Deal.

1. Ledger Keeping
2. Brinksmanship
3. Joint Problem Solving
4. Artichoke
5. Positional
6. Take It or Leave It
7. Asymptotic
8. Salami

Question 6

Who can sue for copyright infringement?

In 2015, Jo sculpted a bronze statute of a group of friends walking together and having fun. ABC Inc. bought the statute in 2018. ABC also bought all of the intellectual property rights in and to the statute. It is 2021, DEF Co. began making smaller copies of the statute and selling them.

ANSWER: _______can sue for copyright infringement.

Question 7

RC Company makes remote control cars. RC Company included some open source code in it controller for its remote control cars. The open source code included is licensed under BSD license . RC Company has made a note that it used this code in the documentation that it provides to its customers, but no copyright notice. The code can be downloaded from the company's website, and the downloaded files include the full text of the BSD license.

True or false. RC Company is not breaching the BSD license.

Question 8

123 Co. grants 987 Limited an exclusive license for some CRM Software. Who may use the CRM Software?

1. Only 987
2. 987 and the licensee
3. 123 and 987
4. Only 123

Question 9

Terry lives life in accordance with one rule - "Would I be upset if someone did to me what I am thinking of doing?" Which philosopher does Terry most resemble?

ANSWER: _______

Question 10

XYZ Co. grants ABC Limited an exclusive license for the XYZ ERP Software. Who may use the CRM Software?

1. Only ABC
2. Only XYZ
3. ABC and other licensees
4. XYZ and ABC

Question 11

Which of the following cases would be most relevant for Charlie given the following situation.

Charlie began working form home eight weeks ago. IT set Charlie up with new laptop when this happened. The laptop has been acting up, so Charlie returned it to IT to be repaired. When looking for reasons why the technician checked the disk space and noticed that the drive had been partitioned leaving only 30% for work-related materials and the rest was being used for an X:\ drive. The technician needed to clear out the X:\ drive to make the laptop work and decided to back-up the materials on the X:\ drive to a stand alone drive so that Charlie wouldn't lose anything. In doing this, the technician noticed several files that contained illegal materials. The technician gave the computer and the drive to her boss who gave it to the police.

1. R. v. Cole
2. R. v. Spencer
3. R. v. Fearon
4. R. v. Winchester
5. R. v. Marakah

Question 12

Based on the information provided, identify the type of offence with which the defendant was charged.

1

Dion was charged with multiple counts of unauthorized use of a computer. Dion was charged 16 months after the incident, and Dion served 28 months.

Select match: Summary, Hybrid, Indictable, felony misdemeanor

2

Alva was charged with unauthorized use of a computer. Alva was charged 16 months after the incident, but on the advice of a lawyer waived the limitation period and was sentenced to 3 months of incarceration.

Select match: Summary, Hybrid, Indictable, felony misdemeanor

3

Luca was charged with unauthorized use of a computer. Luca was charged 2 months after the incident and sentenced to 36 months of incarceration.

Select match: Summary, Hybrid, Indictable, felony misdemeanor

4

Noa was charged with unauthorized use of a computer. Noa was charged 2 months after the incident and the Crown requested a sentence of 12 months of incarceration.

Select match: Summary, Hybrid, Indictable, felony misdemeanor

Question 13

Match the terms from Bill C-27 to the definitions.

1

Deidentified

Select match:

1. The personal information has been irreversibly and permanently modified, in accordance with generally accepted best practices, to ensure that no individual can be identified (directly or indirectly).
2. The personal information has been modified so that an individual cannot be directly identified from it, but there is still a risk of indirect identification.
3. The personal information has been modified, in accordance with generally accepted best practices, but there is still a risk of direct identification.

2

Anonymized

Select match:

1. The personal information has been irreversibly and permanently modified, in accordance with generally accepted best practices, to ensure that no individual can be identified (directly or indirectly).
2. The personal information has been modified so that an individual cannot be directly identified from it, but there is still a risk of indirect identification.
3. The personal information has been modified, in accordance with generally accepted best practices, but there is still a risk of direct identification.

Question 14

Charlie decided that what was best was to have everyone at the group dinner should pay an equal share of the group's bill ($65), but not because Charlie felt that everyone should be treated equally. Charlie had ordered more dishes than anyone else. Charlie ordered three expensive bottles of wine "to share" even though there were people at the table who were not drinking. Charlie had already decided that the others at the dinner did not matter, and their opinions of him did not matter. Charlie was going to obtain an immense amount of pleasure from having them pay for most of his dinner. Sam was upset about this because: (i) Sam is on a very tight budget; (ii) Sam only budgeted $35 for dinner and ordered one dish and no alcohol to stay within budget; and (iii) the extra $30 means having to skip a few meals next week or more. Which framework did Charlie use to make the decision?

1. Consequential - Fairness
2. Consequential - Utilitarian
3. Consequential - Egoistic
4. Non-consequential - Duty-based
5. Consequential - Common Good

Question 15

Each character in this script is using a different approach to negotiation. Identify which approach each one is using.

Tai is using Blank 1______.

Charlie is using Blank 2______.

Tai: If you don't do the dishes, I won't make any of the meals tomorrow. I am tired of having to wash a pot every time that I need to use one.

Charlie: I can order in. You do not scare me. You need to do better than that.

Tai: So, I won't let you use my car.

Charlie: I can take an Uber. You need to do better than that.

Tai: How can you afford that? I've had to help you with rent for the past three months. I won't be doing that if you are wasting money on ordering in and taking Ubers.

Charlie: Okay, I'll do the dishes.

Question 16

Identify the clause. (Select all that apply.)

THE PARTIES AGREE THAT CONSULTANT'S LIABILITY FOR THE SERVICES, ANY DELIVERABLE OR ANY AND ALL CLAIMS ARISING OR RELATED TO THE AGREEMENT SHALL BE LIMITED TO SUCH DIRECT MONEY DAMAGES AS ARE ACTUALLY INCURRED BY CLIENT AND SHALL NOT IN THE AGGREGATE EXCEED THE TOTAL FEES PAID TO CONSULTANT PURSUANT TO THE AGREEMENT IN THE PREVIOUS SIX MONTH PERIOD FROM THE DATE UPON WHICH THE FIRST CLAIM MAY ARISE.

1. INDEMNITY
2. DISCLAIMER
3. LIMITATION OF LIABILITY - CAP
4. LIMITATION OF LIABILITY - EXCLUSION FROM THE CAP
5. LIMITATION OF LIABILITY - CAP

Question 17

Taking into account Principle 2 of the Responsible AI framework, which of the following behaviours are inconsistent?

1. Ignoring the procedural and substantive requirements when allowing an AI to make decisions
2. A tribunal operated by key social media platforms should be the final arbiter of what is or is not lawful content
3. The Government of Canada grants person hood to AIs
4. Only the users of AI-based systems should be responsible for them being fair

Question 18

The following provision is what type of a provision?

In the event that either party hereto materially defaults in the performance of any of its material obligations set forth in this Agreement (except for a default in payments to Vendor), and does not substantially cure such default within thirty (30) days after being given written notice specifying the default, or, with respect to those defaults which cannot reasonably be cured within thirty (30) days, if the defaulting party fails to proceed promptly after being given such notice to commence curing the default and thereafter to proceed to cure the same, then the party not in default may, by giving written notice thereof to the defaulting party, terminate this Agreement as of a date specified in such notice of termination.

Blank 1________

Question 19

Name the reason why the following contract is unenforceable? Answer: Blank 1__________

TJ threatens to publish online (available to any future employer to see) deep fake videos of JP stealing from an electronics store, being treated by paramedics for a drug overdose and making racist statements. TJ will publish the videos if JP does not enter into a contract to sell a TJ the condo in which JP lives. JP enters into the contract.

Question 20

True or false: trademarks being registered should be descriptive of the wares or services

Question 21

Which of the following types of works are protected by copyright? (Select all that apply.)

1. Drawings
2. Plays
3. Photographs
4. Song lyrics
5. Paintings

Question 22

It is January 1981 in Ottawa, Ontario. On election night, Denver arrived at the polling station and noticed a set of four steps that led to the marked entrance. Denver looked for another entrance but there was none. Denver waited by the marked entrance until someone else arrived. Denver asked that person to ask the staff at the polling station to come outside and assist him. Two staff members came outside and lifted Denver in his weelchair into the polling station. Denver was very annoyed about having to be carried into the polling station. He resents having to ask people for help and to depend on their goodwill for access for something as fundamental as voting. Does Denver have recognized grounds for a discrimination claim based on disability?

True

False

Question 23

You are awarding statutory damages for copyright infringement. Which of the following awards could you make? The infringer used a photograph (without permission) on a web page that was trying to draw attention to animals up for adoption from a rescue group. (Select all that apply.)

1. $5,500
2. $250
3. $7,500
4. $10,000
5. $50

Question 24

What do each of these cases have in common: (i) ASHLEY-MADISON (AVID LIFE); and (ii) TUCCI v. PEOPLES TRUST? (Pick the most correct answer.)

1. Security breach, a failure to be proactive and a privacy breach
2. Security breach, a failure to respond and a privacy breach
3. Security breach and privacy breach

Question 25

QUESTION A:

Background for Question A: Jordan works for a company that has developed a college admissions platform. A unique URL is set up for each college so the platform appears to be operated by the college. When applying to a college, prospective students input their applications and an AI that has been trained on that college's admissions data identifies who should be given early admission, who should be kept on a waiting list and who should be rejected.

Jordan notices that STATE COLLEGE is accepting what appears to be a five-times more individuals who identify as male than all of the other types of individuals combined. Jordon also notices that IVY COLLEGE is rejecting every applicant that indicates the need for financial assistance. Jordan verifies that the AI making decisions for each college is making decisions as it was trained to do (i.e. there is no apparent malfunction of the technology but there is a problem with the training data). Jordan wants to tell the affected colleges about the problem immediately. Jordan's boss does not want Jordan to do it. STATE COLLEGE and IVY COLLEGE are two of the company's biggest clients. They will be embarrassed if it comes out that their admission processes are biased. They may try to blame the problems on the platform or the AI. They may stop paying their fees.

Question A.1 - With reference to the principles from Responsible AI (as covered in class) are applicable when analyzing what to do in this scenario?

Question A.2 - Using a virtue-based framework and only the spheres of action discussed in class, help Jordan decide what to do?

Question A.3 - Set out below is what ChaptGPT advised Jordan to do in response to Question A.2. What did ChatGPT get wrong?

CHATGPT'S ANSWER:

In this scenario, Jordan faces a moral dilemma where loyalty to the company conflicts with the virtue of honesty and integrity. Let's analyze Jordan's situation using a virtue-based framework and considering the spheres of action.

1. Individual Sphere: From an individual perspective, Jordan's integrity and honesty are at stake. Remaining silent about the biased admissions processes would compromise these virtues. Jordan should prioritize personal integrity and the pursuit of truth.
2. Community Sphere: Jordan is part of a community consisting of both the company and the colleges it serves. From a communal perspective, Jordan has a responsibility to ensure fairness and equity in college admissions processes. By reporting the bias, Jordan contributes to the greater good of the community by fostering transparency and accountability.
3. Professional Sphere: Within the professional sphere, Jordan's loyalty to the company may conflict with ethical obligations. While Jordan's loyalty to the company is important, it should not come at the expense of compromising ethical principles. As a professional, Jordan has a duty to ensure the integrity of the services provided by the company.

Given these considerations, here's what Jordan could do:

1. Express Concerns Internally: Jordan should voice concerns to superiors about biased admissions processes, proposing solutions like revisiting AI training data.
2. Document Concerns: If internal efforts fail, Jordan should document concerns for future reference.
3. Consider External Reporting: As a last resort, Jordan may consider reporting the issue externally to relevant authorities or stakeholders.

Balancing loyalty with ethical obligations is crucial for maintaining personal integrity and promoting fairness.

QUESTION B:

Background for Question B: ABC Inc. is a professional services company located in Toronto, Ontario. Among other services, ABC offers an online service that allows its customers to track their energy consumption: monitoring devices are installed at the client site(s); they feed usage information back to a central database; and customers may access their usage information through a secure web site. Last year, this service accounted for approximately 20% of ABC's gross revenue, and the percentage is increasing year-to-year. ABC hosts the secure web site internally, but wants to change this by starting to use Host Corp. hosting services. Host Corp. is based in San Francisco, California and Dublin, Ireland.

Four sections of Host Corp.'s proposed agreement are set out below:

Section 8 - This Agreement is governed by the laws of the State of California. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Section 14 - HOST CORP. SHALL NOT BE LIABLE TO ABC FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL XYZ'S LIABILITY HEREUNDER EXCEED THE AMOUNT PAID BY ABC DURING THE TWO (2) MONTH PERIOD PRECEDING THE DATE ON WHICH ABC MAKES ITS FIRST CLAIM FOR DAMAGES.

Section 26 - ABC grants to Host Corp. a non-exclusive, perpetual, irrevocable, worldwide license to use, sample, collect, and compile ABC's hosted data in aggregated, de-identified form (i.e., it is stripped of all persistent identifiers (e.g. device identifiers, IP addresses, and cookie ID's)), for the purposes of providing or maintenance of, improvement to, and operation of the Services and for any new or different products or services.

Question B.1 - You represent ABC Inc. What changes do you try to negotiate to those provisions? Explain why each change should be made.

Question B.2 - Set out below is ChatGPT's response for what to do with section 26. What did ChatGPT get right? What did ChatGPT get wrong?

Section 26 - Data Usage License: While it is reasonable for Host Corp. to require a license to use ABC's hosted data for service maintenance and improvement, the perpetual and irrevocable nature of the license is concerning. I would negotiate to limit the duration of the license to the term of the agreement and require Host Corp. to delete or return ABC's data upon termination of the agreement.

Question B.3 - Using a utilitarian framework to guide your decision making, decide whether or not it makes sense to negotiate changes to section 14.

Question 26

Which provinces have general privacy laws that are "substantially similar" to Personal Information Protection and Electronic Documents Act (PIPEDA)?

1. British Columbia
2. Newfoundland
3. Quebec
4. Manitoba