SECTION 4.1-4.2

CptS 401

Adam Carter

Quiz Question 1

According to the book, it is important to legally protect intellectual property for the following reason(s):

A. It ensures that the government will be compensated for the creations of its citizens

B. It helps the government monitor the creative endeavors of its citizens

C. It encourages the production of creative work

D. All of the above

E. None of the above

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Quiz Question 1 Answer

C.

See p. 199.

A second reason, not listed in the question, is that "it protects the right of artists, authors, and inventors to compensation for what they create."

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Quiz Question 2

For how long are patents valid?

A. For a specific period of time

B. For the lifetime of the inventor

C. Indefinitely

D. None of the above

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Quiz Question 2 Answer

A.

See p. 200

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Quiz Question 3

When we purchase a copy of a work that has copyright protection, we are actually purchasing:

A. the intangible creative work

B. the physical form of the creative work

C. both the physical and intangible forms of the creative work

D. None of the above

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Quiz Question 3 Answer

B."When we buy a novel, we are buying a physical collection of paper and ink or an electronic book file that contains a copy of the book's contents, but we are not buying the intellectual property—that is, the plot, the organization of ideas, the presentation, the characteristics that form the abstraction that is the intangible "book," or the "work." (p. 199)

Can we ever buy “the intangible creative work” of someone else?

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Quiz Question 4

The following technologies make it more difficult to enforce intellectual property laws:

A. Photocopiers

B. Software tools for manipulating audio and video

C. High-volume digital storage media

D. All of the above

E. None of the above

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Quiz Question 4 Answer

D. All of the above

See bulleted list on pp. 201-202

Can you think of other technologies that make it difficult to enforce intellectual property laws? Have you used any of them?

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Quiz Question 5

The No Electronic Theft Act of 1997

A. made it illegal to make multiple copies of copyrighted material for commercial advantage or private gain.

B. made it illegal to willfully infringe a copyright by making or distributing one or more copies of copyrighted works valued at more than $1,000 within a six month period.

C. allows a company to be sued if 10 employees out of hundreds or more have an illegal copy of a program on their computers.

D. None of the above.

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Quiz Question 5 Answer

B.

See p. 204. (A) and (C) apply to copyright laws passed in 1992; see second paragraph of 204.

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Quiz Question 6

Key provisions of the Digital Millennium Copyright Act of 1998

A. allow copyright owners to sue users if they post copyrighted content on the web without permission.

B. allow companies to create software and devices that can be used to circumvent digital copyright protection services.

C. protect Web sites from lawsuits stemming from works posted by their users, so long as the Web sites remove infringing material when asked to do so.

D. All of the above

E. None of the above

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Quiz Question 6 Answer

C.

See p. 205.

What was another key provision of the DMCA?

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Quiz Question 7

The “fair use” doctrine

A. allows certain uses of copyrighted materials that contribute to the creation of new work and ensures that anyone can use copyrighted materials for their own purposes.

B. allows copyrighted materials to be used for any “fair” purpose for a nominal fee.

C. allows copyrighted materials to be used for modest commercial gain.

D. None of the above

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Quiz Question 7 Answer

A.

“The fair-use doctrine allows uses of copyrighted material that contribute to the creation of new work (such as quoting part of a work in a review) and uses that are not likely to deprive authors or publishers of income for their work" (p.2 06, first paragraph of Section 4.2.2).

But what, exactly, is “fair use?” Let’s look...

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Quiz Question 8

Of the four considerations used to determine whether a particular use is “fair use,” the following generally receives the most weight:

A. The purpose and nature of the use.

B. The nature of the copyrighted work.

C. The amount and significance of the portion used.

D. The effect of the use on the potential market for or value of the copyrighted work

E. None of the above

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Quiz Question 8 Answer

D.

See p. 207

Can you explain these four considerations in more detail?

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Quiz Question 9A key outcome of the Sony v. Universal City Studios Supreme Court Case (1984) was that:

A. Copying a movie off of television for later viewing is not fair use of the copyrighted material.

B. Copying a movie off of television for later viewing is fair use of the copyrighted material.

C. Makers of devices that can be used to infringe copyrights can be held liable when people use their devices to infringe copyrights.

D. Private, noncommercial uses of copyrighted material should be presumed to violate copyright unless proven otherwise

E. None of the above

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Quiz Question 9 Answer

B.

See p. 208.

Another key outcome was that "makers of a device with substantial legal uses (such as a video recorder) should not be penalized because some people use it to infringe copyright." The DMCA erodes this law in the case of tools that can be used to circumvent copy protection.

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Quiz Question 10

In the 1990s and early 2000s, a series of court cases involving video game companies established that:

A. it is illegal to copy software for the purpose of improving upon it.

B. it is legal to reverse engineer software for the purposes of creating new content for the software.

C. it is illegal to reverse engineer software for commercial gain.

D. More than one of the above

E. None of the above

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Quiz Question 10 Answer

B.

In Sega Enterprises v. Accolade, Inc. (1992), Accolade reverse engineered Sega's game machine software in order to produce new games for the Sega game machine. Sega sued and Accolade won. Atari Games v. Nintendo (1992) had the same outcome. In a third case, Connectix reverse-engineered Sony's Playstation and built a new product that allowed one to play Playstation games on a computer (without the Playstation console). Connectix was sued by Sony, but Connectix won. These are all reported on pp. 208-209.

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Quiz Question 11

A legal case involving Napster in 2001 was significant because:

A. It established that companies that provide resources for peer-to-peer sharing of copyrighted materials could not be held liable for copyright infringement.

B. It established that peer-to-peer sharing of copyrighted materials constitutes “fair use.”

C. It established that it is illegal for a company to knowingly encourage and assist in copyright infringement.

D. None of the above

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Quiz Question 11 Answer

C.

"The court ruled in 2001 that Napster 'knowingly encoruages and assists in the infringment of copyrights'" (p. 211, halfway down). "Napster was liable because it had the right and ability to supervise its system, including the copyright-infringing activities, and it had a financial interest in those activities" (p. 211).

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Considerations for Determining Fair Use (pp. 206-07)

1. What is the purpose and nature of the use (commercial vs. nonprofit vs. educational)? Commercial less likely to be fair use

2. What is the nature of the copyrighted work? Creative work less likely to be fair use

3. How much of the copyrighted work is used? The more used, the less likely it’s fair use

4. What is the impact of the use on the potential market for or value of the copyrighted work? Uses that reduce sales less likely to be fair

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Discussion Exercise:Swap Meet vs. Napster

4.8 (p. 244): A swap meet owner was sued because a vendor sold pirated music CDs at the swap meet. The owner was found liable for “contributory copyright infringement.” Was Napster like a swap meet? Describe some similarities and differences between a swap meet and Napster.

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Discussion Exercise:Sandwich Shop (Clicker)4.9 (p. 244). Your uncle owns a sandwich shop. He asks you to write an inventory program for him. You are glad to help him and do not charge for the program. The program works pretty well, and you discover later that your uncle has given copies to several friends who also operate small food shops. Do you believe the other merchants should pay you for the copies?

A: Yes

B: No

C: Not sure

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Discussion

Several universities use online services to check for plagiarism. These services often keep copies of all submitted material. Does this infringe on the original author’s copyright?

Yes No

Discussion Exercise: Fair Use Ethics (Clicker)4.14 (p. 244): You are a teacher. You would like your students to use a software package, but the school’s budget does not include enough money to buy copies for all the students. Your school is in a poor neighborhood, and you know most of the parents cannot afford to buy the software for their children.

a) List some ways you could try to obtain the software without making unauthorized copies.

b) Suppose the methods you try do not work. Will you copy the software or decide not to use it?

A. Will copy the software

B. Will not use it

C. Not sure

Give some arguments for and against your position. Explain why you think the arguments on your side are stronger.

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