CHAPTER 6 Flashcards
The _________________ established four factors for courts to consider when deciding whether a particular use of copyrighted property is fair and can be allowed without penalty.
Fair use doctrine
The _________________ was signed into law in 1998 and was written in compliance with the global copyright protection treaty from WIPO; the law makes it illegal to circumvent a technical protection of copyrighted materials or to develop and provide tools that allow others to access a technologically protected work.
Digital Millennium Copyright Act
Not only does a _________________ prevent copying, but it also prevents independent creation, unlike a copyright.
PATENT
A _________________ is a logo, package design, phrase, sound, or word that enables a consumer to differentiate one company’s products from another’s.
TRADE MARK
Many large software companies have cross-licensing agreements in which each agrees not to sue the other over _________________.
Patent infringements
A _________________ is a form of protection for intellectual property that does not require any disclosures or filing of an application.
TRADE SECRET
A customer list can be considered a trade secret if an organization treats the information as valuable and takes measures to safeguard it. True or False?
TRUE
The term of a copyright, originally 28 years, has been extended many times and now can be as long as the life of the author plus 70 years. True or False?
TRUE
_________________ established minimum levels of protection that each government must provide to the intellectual property of all WTO members.
Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement
Plagiarism is an issue only in academia. True or False?
FALSE
The process of taking something apart in order to understand it, build a copy of it, or improve it is called _________________.
Reverse engineering
Almost all the data needed for competitive intelligence can be collected either from carefully examining published information or through interviews. True or False?
TRUE
The main tactic used to circumvent cyber squatting is to register numerous domain name variations as soon as an organization thinks it might want to develop a Web presence. True or False?
TRUE
____________ is a term used to describe works of the mind—such as art, books, films, formulas, inventions, music, and processes—that are distinct, and owned or created by a single person or group. Intellectual property is protected through copyright, patent, and trade secret laws.
Intellectual property
____________is the exclusive right to distribute, display, perform, or reproduce an origi- nal work in copies or to prepare derivative works based on the work.
A copyright
___________is a violation of the rights secured by the owner of a copyright. Infringement occurs when someone copies a substantial and material part of another’s copy- righted work without permission.
Copyright infringement
The ______________ allows portions of copy- righted materials to be used without permission under certain circumstances.
fair use doctrine
__________________established minimum levels of protection that each government must provide to the intellectual property of all WTO members
Agreement on Trade-Related Aspects of Intellectual Property Rights, also known as the TRIPS Agreement
________________ was signed into law in November 1998; it was written to bring U.S. law into compliance with the global copyright protection treaty from WIPO
The Digital Millennium Copyright Act (DMCA)
Unlike a copyright, a ______________prevents independent creation as well as copying
patent
______________the existing body of knowledge that is available to a person of ordinary skill in the art
prior Art
_____________occurs when someone makes unauthorized use of another’s patent.
patent infringment
A ________ is a firm that acquires patents with no intention of manufacturing any- thing, instead licensing the patents to others.
patent troll
A ____________ is a definition that has been approved by a recognized standards organization or accepted as a de facto standard within a particular industry.
standard
A patented pro- cess or invention that is surreptitiously included within a standard without being made public until after the standard is broadly adopted is called a ________________
submarine patent.
a ___________ was defined as 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.
trade secret
A _____________ prohibits an employee from working for any competitors for a period of time, often one to two years. When courts are asked to settle disputes over noncompete agreements, they consider the reasonableness of the restriction and how the restriction protects the legitimate interests
of the former employer
noncompete agreement
___________ is the act of stealing someone’s ideas or words and passing them off as one’s own
Plagiarism
__________ is the process of taking something apart in order to understand it, build a copy of it, or improve it.
Reverse engineering
__________ is a language translator that converts computer program statements expressed in a source language (such as COBOL, Pascal, or C) into machine language (a series of binary codes of 0s and 1s) that the computer can execute.
compiler
___________ is any program whose source code is made available for use or modification, as users or other developers see fit.
Open source code
_____________ is legally obtained information that is gathered to help a company gain an advantage over its rivals.
Competitive intelligence
_____________ employs illegal means to obtain business information not available to the general public
industrial espionage
A ____________is a logo, package design, phrase, sound, or word that enables a consumer to differentiate one company’s products from another’s
trademark
_____________registered domain names for famous trademarks or company names to which they had no connection, with the hope that the trademark’s owner would eventually buy the domain name for a large sum of money.
Cybersquatters
_____________has proven to be extremely flexible in covering new technologies, including software, video games, multimedia works, and Web pages. However, evaluating the originality of a work can be difficult and has led to litigation.
copyright law
_____________ enable people to check the originality of documents and manuscripts.
Plagiarism detection systems
__________must take care to avoid unethical or illegal behavior, including lying, misrepresentation, theft, bribery, or eavesdropping with illegal devices.
Competitive intelligence analysts
