Deck 6: Intellectual Property

Question 1

Software cannot be patented.

Answer 1

False

Question 2

The fair use doctrine allows portions of patented materials to be used with permission under certain circumstances.

Answer 2

False

Question 3

A trademark is business information that represents something of economic value, has required effort or cost to develop, has some degree of uniqueness or novelty, is generally unknown to the public, and is kept confidential.

Answer 3

False

Question 4

Two software manufacturers could conceivably develop separate programs that perform the same functions in a nearly identical manner without infringing the other's copyright.

Question 5

A few of the larger software companies have cross-licensing agreements in which each party agrees not to sue the other over trademark infringements.

Question 6

The WIPO Copyright Treaty of 1996 eliminated many of the original copyright protections for electronic media.

Question 7

Copyright law guarantees developers the rights to their works for a certain amount of time. Over the years, the term of copyright has been extended several times from its original limit of 17 1/2 years.

Question 8

Copyright law protects authored works such as art, books, and film.

Question 9

A patent demon is a firm that acquires patents with no intention of manufacturing anything, instead licensing the patents to others.

Question 10

The World Trade Organization developed the Agreement on Trade-Related Aspects of Intellectual Property Rights to establish the maximum penalties to be meted out for patent and copyright infringement.

Question 11

Software, video games, multimedia works, and Web pages can all be copyrighted.

Question 12

The PRO-IP Act of 2008 increased trademark and copyright enforcement, and substantially increased penalties for infringement.

Question 13

Protecting computer software has proven to be difficult because it is has not been well categorized under the law.

Question 14

The Economic Espionage Act imposes penalties of up to $10 million and 15 years in prison for the theft of trade secrets.

Question 15

Because organizations can risk losing trade secrets when key employees leave, they often try to prohibit employees from revealing secrets by adding nondisclosure clauses to employment contracts.

Question 16

A copyright is the exclusive right to distribute, display, perform, or reproduce an original work in copies or to prepare derivative works based on the work. The author may not grant this exclusive right to others.

Question 17

A trademark permits its owner to exclude the public from making, using, or selling a protected invention, and allows for legal action against violators.

Question 18

Art, architecture, graphics, and sculptures cannot be copyrighted.

Question 19

The Digital Millennium Copyright Act made it an offense to circumvent a technical protection of copyrighted material.

Question 20

Formulas, inventions, and processes are not considered forms of intellectual property.

Question 21

Only a small amount of open source code is available for use.

Question 22

The U.S. Supreme Court has ruled that there are ____ classes of items that cannot be patented.

A) two
B) three
C) four
D) five

Question 23

Copyright infringement is the act of stealing someone's ideas or words and passing them off as one's own.

Question 24

Plagiarism software checks for matching text in different documents as a means of identifying potential plagiarism.

Question 25

The PRO-IP Act sends the message to intellectual property criminals everywhere that the U.S. will ____ to protect American innovation.

A) do very little
B) use copyrights and patents
C) go the extra mile
D) negotiate with violators

Question 26

The concept that an idea cannot be copyrighted but the ____ of an idea can be is key to understanding copyright protection.

A) summary
B) expression
C) variation
D) illustration

Question 27

Some software experts think that too many software patents are being granted, inhibiting new software development. For example, ____ obtained a patent for "one-click shopping," based on the use of a shopping cart purchase system for electronic commerce.

A) eBay
B) Amazon.com
C) Dell
D) Microsoft

Question 28

These objects are protected under patent law: ____.

A) art and film
B) information critical to an organization's success
C) inventions
D) books and movies

Question 29

One of the tests that an invention must pass to be eligible for a patent is ____.

A) it must be a machine
B) it must be economical to produce
C) it must be capable of providing economic benefit
D) it must not be obvious to a person having ordinary skill in the same field

Question 30

Competitive intelligence analysts must be authorized to take unethical or illegal actions in the normal course of their job.

Question 31

Reverse engineering can only be applied to computer hardware, not computer software.

Question 32

The ____ is the trade group that represents the U.S. recording industry.

A) MPAA
B) ACLU
C) EFF
D) RIAA

Question 33

Industrial espionage and competitive intelligence are essentially the same.

Question 34

Procter & Gamble admitted publicly that it unethically gained information about Unilever, its competitor in the multibillion-dollar hair-care business.

Question 35

Open source code is any program whose source code is made available for use or modification, as users or other developers see fit.

Question 36

Unlike traditional copyright law, the ____ does not govern copying; instead, it focuses on the distribution of tools and software that can be used for copyright infringement as well as for legitimate non-infringing use.

A) Digital Millennium Copyright Act
B) TRIPS Act
C) WIPO Copyright Act
D) PRO-IP Act

Question 37

Cybersquatters are individuals who registered domain names for famous trademarks or company names to which they had no connection.

Question 38

Competitive intelligence involves the gathering and analysis of the trade secrets of your competitors.

Question 39

The ____ requires member governments to ensure that intellectual property rights can be enforced under their laws and that penalties for infringement are tough enough to deter further violations.

A) WIPO Copyright Agreement
B) Digital Millennium Copyright Act
C) PRO-IP Act
D) TRIPS agreement

Question 40

Copyright and patent protection was established through ____.

A) the U.S. Constitution
B) the U.S. Federal Codes and Statutes
C) the Bill of Rights
D) various state laws

Question 41

The courts have ruled in favor of using reverse engineering to enable ____.

A) interoperability
B) creation of open source code
C) to circumvent restrictive trade secrets
D) avoid domination of a particular software market by a single manufacturer

Question 42

A(n) ____ is a logo, package design, phrase, sound, or word that enables a consumer to differentiate one company's products from another's.

A) trade secret
B) trademark
C) watermark
D) earmark

Question 43

7-zip, Audacity, Blender 3D, eMule, Eraser, and Firefox are all examples of ____.

A) Web browsers
B) utility software
C) open source software
D) products developed through re-engineering

Question 44

The RIAA claims that each year the recording industry loses about $5 billion worldwide from ____________________.
or

Question 45

Cybersquatters ____.

A) frequently launch denial-of-service attacks against popular Web sites
B) register domain names for famous trademarks or company names to which they have no connection
C) remain connected to popular Web sites for extremely long periods of time making it difficult for others to obtain service
D) employ phishing tactics using the domain names of popular Web sites

Question 46

____________________ is a term used to describe works of the mind such as-art, books, inventions, music, and processes-that are distinct and owned or created by a single person or group.

Question 47

The basic premise behind open source code is that when many programmers can read, redistribute, and modify a program's code, the software ____.

A) becomes easier to use
B) costs less
C) is more fun to maintain
D) improves

Question 48

____ can qualify for trade secret protection under the Uniform Trade Secrets Act.

A) Only computer hardware
B) Only computer software
C) Both computer hardware and software
D) Neither computer hardware and software

Question 49

Legally obtained information that is gathered to help a company gain an advantage over its rivals is called ____.

A) prior art
B) industrial espionage
C) competitive intelligence
D) trade secrets

Question 50

A(n) ____ prohibits an employee from working for any competitors for a period of time.

A) nonemployment agreement
B) employee contract
C) nondisclosure agreement
D) noncompete agreement

Question 51

____________________ law protects inventions.

Question 52

A patented process or invention that is surreptitiously included within a standard without being made public until after the standard is broadly adopted is called a(n) ____.

A) patent troll
B) patent standard
C) submarine patent
D) patent farm

Question 53

The ____ Act enacted in 1999, allows trademark owners to challenge foreign cybersquatters who might otherwise be beyond the jurisdiction of U.S. courts.

A) Anticybersquatting Consumer Protection
B) PRO-IP
C) Economic Espionage
D) CAN-SPAM

Question 54

Under the ACPA, trademark holders can seek civil damages of up to ____ from cybersquatters that register their trade names or similar-sounding names as domain names.

A) $10,000
B) $50,000
C) $100,000
D) $250,000

Question 55

The process of taking something apart in order to understand it, build a copy of it, or improve it is called ____.

A) plagiarism
B) reverse engineering
C) patent infringement
D) decompiling

Question 56

____________________ law helps safeguard information that is critical to an organization's success.

Question 57

One key advantage that trade secret law has over the use of patents and copyrights in protecting companies from losing control of their intellectual property is ____.

A) the time limitation for a trade secret is longer than for patents and copyrights
B) no royalties must be paid on trade secrets
C) trade secrets can become part of the prior art and be used to protect patents and copyrights
D) there is no need to file an application or disclose the trade secret to gain protection

Question 58

A(n) ____ can read the machine language of a software program and produce the source code.

A) compiler
B) decompiler
C) re-engineering device
D) open source decoder

Question 59

In 2009, ____ announced that it would donate some 3,000 patents for free use by developers to help them innovate and build new hardware and software. The announcement represented a major shift in this firm's intellectual property strategy and was meant to encourage other patent holders to donate their own intellectual property.

A) IBM
B) Microsoft
C) Oracle
D) SAP

Question 60

____________________ law protects authored works, such as art, books, film and music.

Question 61

The portion of the WIPO Copyright Treaty that prohibits circumvention of any technical measures put in place to protect the works was implemented in U.S. law through the ________________________________________.
or
or
or

Question 62

Software has sometimes been treated as a process for changing a computer's internal structure, making it eligible for protection under ____________________ law.

Question 63

A standard is a(n) ____________________ that has been approved by a recognized standards organization or accepted as a de facto standard with a particular industry.

Question 64

The WTO developed the ______________________________________________________________________ to establish minimum levels of protection that each government must provide to the intellectual property of all WTO members.
or

Question 65

According to the Copyright Term Extension Act signed into law in 1998, for works created after January 1, 1978, copyright protection endures for the life of the author plus ____________________.
or

Question 66

Opponents of lengthening the ____________________ period argue that it makes it more difficult for artists to build on the work of others.

Question 67

The Prioritizing Resources and Organization for Intellectual Property Act increased ____________________ and copyright enforcement.

Question 68

Works that have not been fixed in a tangible form of expression and those that consist entirely of common information that contains no original authorship are ____________________ for copyright protection.

Question 69

Software has sometimes been treated as the expression of an idea, which can be protected under ____________________ law.

Question 70

_________________________ is a violation of the rights secured by the owner of a copyright.

Question 71

Copyright and patent protection was established through the __________________________________________________, which specifies that Congress shall have the power "to promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Rights to their respective Writings and Discoveries."
or
or

Question 72

The ____________________ allows portions of copyrighted materials to be used without permission under certain circumstances.

Question 73

A devious patent holder might influence a standards organization to make use of its patented item without revealing the existence of the patent. Later, the patent holder might demand royalties from all parties that use the standard. This strategy is known as ____________________.

Question 74

Unlike a copyright, a patent prevents ____________________ as well as copying.

Question 75

The strategy of obtaining the rights to technologies that it might use in its products provides a tremendous amount of development freedom to a large organization without the risk of ____________________.
or
or

Question 76

The _____________________________________________ created the World Trade Organization.
or
or
or

Question 77

Publishing a description of its innovation to establish an idea's legal existence as prior art is called ____________________.

Question 78

An area that holds the potential for software copyright infringement involves the sale of ____________________ consumer computer supplies.

Question 79

The existing body of knowledge that is available to a person of ordinary skill in the art is called ____________________.

Question 80

Before obtaining a software patent, a developer should perform a(n) ____________________ to identify potential infringements.