Deck 4: Intellectual Property

Question 1

Sometimes it is legal to reproduce a copyrighted work without the permission of the copyright holder. These circumstances are called

A) fair use.
B) noncommercial use.
C) piracy.
D) public domain.
E) reciprocity.

Answer 1

A

Question 2

The value of intellectual property is recognized

A) in the Constitution of the United States.
B) in the free market.
C) in legislation passed by the U.S. Congress.
D) through court decisions.
E) All of the above

Answer 2

E

Question 3

The decision by the U.S. Court of Appeals, Ninth Circuit in Kelly v. Arriba Soft Corporation established that the display of thumbnail images by a search engine

A) is a fair use of those images.
B) is not a fair use of those images.
C) is an unfair use of network bandwidth.
D) is an illegal attempt to circumvent Web filters.
E) is legal, even when the original images are pornographic.

Answer 3

A

Question 4

The decision by the U.S. Court of Appeals, Ninth Circuit in RIAA v. Diamond Multimedia Systems Inc. established the concept of

A) fair use.
B) intellectual property protection for movies.
C) licensing fees for videotapes.
D) space shifting.
E) time shifting.

Question 5

In Authors Guild v. Google, a US District Court judge ruled that Google's project to scan millions of copyrighted books was a fair use of copyrighted books because

A) it is an example of time shifting.
B) it is an example of space shifting.
C) Google pledged to give all of the profits to charity.
D) the project represents a highly transformative use of the copyrighted material.
E) all of the copyrights will eventually expire, but the database will last for centuries.

Question 6

Google Books is

A) an effort to scan millions of books and make all their words searchable.
B) an effort to gain copyrights on millions of books in the public domain.
C) a book reader designed to compete with the Kindle.
D) an online store competing with Amazon.com.
E) None of the above

Question 7

Intellectual property is a unique product of the human intellect that

A) has commercial value.
B) can be reproduced digitally.
C) has been produced on paper.
D) can be performed in public.
E) cannot be understood by anyone other than the creator.

Question 8

Since the first Copyright Act was passed in 1790

A) Congress has repeatedly increased the number of years of copyright protection.
B) Congress has made more kinds of intellectual property protected under copyright.
C) Congress has attempted to reconcile American copyright law with European copyright law.
D) All of the above
E) None of the above

Question 9

The U.S. Supreme Court decision in Sony v. Universal City Studios established the concept of

A) fair use.
B) intellectual property protection for movies.
C) licensing fees for videotapes.
D) space shifting.
E) time shifting.

Question 10

Which of the following rights is not a right of a copyright holder?

A) The right to reproduce the copyrighted work.
B) The right to distribute the work to the public.
C) The right to perform the work in public.
D) The right to prevent others from producing competitive works.
E) The right to produce new works derived from the copyrighted work.

Question 11

The Audio Home Recording Act of 1992

A) protects the right of consumers to make backup copies of CDs.
B) requires manufacturers of digital audio records to incorporate the Serial Copyright Management System.
C) requires manufacturers of digital audio recording devices and blank digital media to pay a royalty to songwriters and music publishers.
D) All of the above
E) None of the above

Question 12

Apple's digital rights management system called FairPlay prevented

A) songs from being played on more than five computers.
B) songs from being copied onto CDs more than seven times.
C) music purchased from the iTunes Store from playing on non-Apple MP3 players.
D) All of the above
E) None of the above

Question 13

In 2005 Sony BMG Music Entertainment made headlines by

A) purchasing the publishing rights to the Beatles' songs from Michael Jackson.
B) purchasing the iTunes Store from Apple.
C) announcing they would begin shipping CDs without digital rights management.
D) shipping CDs that would only play on devices manufactured by Sony.
E) shipping CDs that secretly installed a rootkit on Windows computers.

Question 14

The court's ruling in Apple Computer v. Franklin Computer Corp. established that

A) computer hardware can be patented.
B) computer software can be copyrighted.
C) object programs can be copyrighted.
D) the "look and feel" of a computer program can be patented.
E) Apple Computer could not patent its desktop icons.

Question 15

After the RIAA sued Napster,

A) the Supreme Court ruled in favor of Napster.
B) Congress passed the Digital Millennium Copyright Act that legalized file sharing.
C) Congress made peer-to-peer networks illegal.
D) Napster renamed itself KaZaA.
E) Napster went off-line.

Question 16

Compared with other peer-to-peer networks, BitTorrent takes advantage of the fact that broadband Internet connections

A) continue to drop in price.
B) are immune from surveillance by the police.
C) provide higher speeds for downloading than for uploading.
D) have become the standard in most homes in the United States.
E) All of the above.

Question 17

The Digital Millennium Copyright Act is controversial, in part, because

A) it lengthens copyright protection to 1,000 years.
B) it makes it illegal for consumers to circumvent encryption placed on digital media.
C) it adds a new federal tax to all CDs and DVDs.
D) it requires music streaming services to register with the US Copyright Office.
E) All of the above

Question 18

Which philosopher argued in The Second Treatise of Government that people have a natural right to property?

A) Jeremy Bentham
B) Immanuel Kant
C) John Locke
D) John Stuart Mill
E) Jean-Jacques Rousseau

Question 19

The proper noun "Kleenex" is protected

A) as a trade secret.
B) with a trademark.
C) with a patent.
D) with a copyright.
E) All of the above

Question 20

Suppose you buy a Microsoft game at the bookstore. Under current U.S. law, which of the following actions is illegal?

A) Copying it onto a CD to give or sell to someone else.
B) Preloading it onto the hard disk of a computer being sold.
C) Distributing it over the Internet.
D) All of the above are illegal.
E) None of the above is illegal.

Question 21

In RIAA v. Diamond Multimedia Systems, Inc., the U.S. Court of Appeals ruled that is legal.

Question 22

The Linux operating system is an example of

A) free-market software.
B) open-source software.
C) pirated software.
D) proprietary software.
E) unreliable software.

Question 23

Under some circumstances it is legal to reproduce a copyrighted work without permission. These circumstances are called .

Question 24

A company's logo is an example of a type of intellectual property that can be protected by a .

Question 25

FairPlay was the name of Apple's system.

Question 26

A network allows computers running the same networking program to connect with each other and access files stored on each other's hard drives.

Question 27

In The Second Treatise of Government, makes a case for a natural right to property.

Question 28

The U.S. Congress addresses the tension between society's desire for inventions to be in the public domain and the inventor's expectation of profit by giving inventors exclusive rights to their discoveries .

Question 29

Since the first Copyright Act was passed in 1790, both the length of copyright protection and the kinds of intellectual properties that can be copyrighted have .

Question 30

In Sony v. Universal City Studios, the U.S. Supreme Court ruled that time shifting is .

Question 31

In 1991 a U.S. District Court judge ordered to pay $510,000 to a group of eight book publishers for violating their copyrights by producing photocopied packets of reading materials for college students.

Question 32

The so-called "smartphone patent wars" ended when

A) Samsung agreed to stop copying Apple's design features.
B) Apple bought all of the patents owned by Samsung and Nokia.
C) the smartphone makers agreed to stop patenting new inventions.
D) the smartphone makers agreed to cross-license each other's patents.
E) the U.S. Supreme Court ruled that "look and feel" could not be patented.

Question 33

BitTorrent makes file downloading faster by .

Question 34

In September 2003 the RIAA sued 261 individuals for .

Question 35

In December 2004 announced a plan to scan millions of books held by several of the world's largest libraries.

Question 36

Merchandise 7X, the formula for Coca-Colasup>®/sup> syrup, is a famous example of a type of intellectual property known as a .

Question 37

had to pay Polaroid $925 million for violating seven of Polaroid's patents for instant photography.

Question 38

Sony BMG Music Entertainment's Extended Copy Protection system provoked controversy because it .

Question 39

Microsoft changed course after its proposed cloud-based gaming experience for the Xbox One received negative feedback from customers. Three features of the licensing agreement were most controversial: disc owners could share a disc only once, freedom to buy and sell used discs was restricted, and .

Question 40

Arriba Soft Corporation was sued for copyright infringement because its Web search engine returned . A court later ruled this was a fair use.

Question 41

A software development strategy helps ensure a company's software program does not duplicate any code in another company's product.

Question 42

Thanks to the work of Stanford law professor Lawrence Lessig and his collaborators, you can use a license to retain the copyright while allowing some uses of your intellectual property under certain circumstances.

Question 43

The "smartphone patent wars" ended when .

Question 44

The legal case Apple Computer, Inc. v. Franklin Computer Corp. established that are copyrightable.