Caser 1- Cyber Crime-
Jiri Klimecek was a member of a group that overrode copyright protection in movies, video games, and software, and made them available for download online. Klimecek bought and installed hardware and software to set up a computer server and paid half of the monthly service charges to connect the server to the Internet. He knew that users around the world could access the server to upload and download copyrighted works. He obtained access to Czech movies and music to make them available. Klimecek was indicted in a federal district court for copyright infringement. He claimed that he did not understand the full scope of the operation. Did Klimecek commit a crime? If so, was he a "minor participant" entitled to a reduced sentence? Explain. [United States v. Klimecek, (7th Cir. 2009)]
Case 2 - A QUESTION OF ETHICS: Identity Theft-
Twenty-year-old Davis °mole had good grades in high school, where he played on the football and chess teams, and went on to college. Omole worked at 0 cell phone store where he stole customers' personal information. He used the stolen identities to create a hundred different accounts on eBay and held more than three hundred auctions listing for sale items that he did not own (including cell phones, plasma televisions, and stereos). From these auctions, he collected $90,000. To avoid he continuously closed and opened the eBay accounts, activated and deactivated cell phone and e-mail accounts, and changed mailing addresses and post office boxes. Omole, who had previously been convicted in a state court for Internet fraud, was convicted in a federal district court of identity theft and wire fraud. [United States v. Omole, 523 F.3d 691 (7th Cir. 200)].
(a) Omole displayed contempt for the court and ridiculed his victims, calling them stupid for having been cheated. What does this behavior suggest about Omole's ethics?
(b) Under federal sentencing guidelines, Omole could have been imprisoned for more than eight years. He received only three years, however, two of which comprised the mandatory sentence for identify theft. Was this sentences too lenient? Explain.
Case 3- Spotlight on Taco Bell-Implied Contract-
Thomas Rinks and Joseph Shields developed Psycho Chihuahua, a caricature of a Chihuahua dog with a "do-not-back-down" attitude. They promoted and marketed the character through their company, Wrench, L.L.C. Ed Alfaro and Rudy Pollak, representatives of Taco Bell Corp., learned of Psycho Chihuahua and met with Rinks and Shields to talk about using the character as a Taco Bell "icon." Wrench sent art-work, merchandise, and marketing ideas to Alfaro, who promoted the character within Taco Bell. Alfaro asked Wrench to propose terms for Taco Bell's use of Psycho Chihuahua. Taco Bell did not accept Wrench's terms, but Alfaro continued to promote the character within the company. Meanwhile, Taco Bell hired a new advertising agency, which proposed an advertising campaign involving a Chihuahua. When Alfaro learned of this proposal, he sent the Psycho Chihuahua materials to the agency. Taco Bell nude a Chihuahua the focus of its marketing but paid nothing to Wrench. Wrench tiled a suit against Taco Bell in a federal court claiming that it had an implied contract with Taco Bell and that Taco Bell breached that contract. Do these facts satisfy the requirements for an implied contract? Why or why not? [Wrench, L.L.C. v. Taco Bell Corp., 256 E3d 446 (6th Cir. 2001), cert. denied, 534 U.S. 1114, 122 S.Ct. 921, 151 L.Ed.2d 805 (2002)].