CHAPTER 6

Question 1

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.

Answer 1

Fair use doctrine

Question 2

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.

Answer 2

Digital Millennium Copyright Act

Question 3

Not only does a _________________ prevent copying, but it also prevents independent creation, unlike a copyright.

Answer 3

PATENT

Question 4

A _________________ is a logo, package design, phrase, sound, or word that enables a consumer to differentiate one company’s products from another’s.

Answer 4

TRADE MARK

Question 5

Many large software companies have cross-licensing agreements in which each agrees not to sue the other over _________________.

Answer 5

Patent infringements

Question 6

A _________________ is a form of protection for intellectual property that does not require any disclosures or filing of an application.

Answer 6

TRADE SECRET

Question 7

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?

Answer 7

TRUE

Question 8

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?

Answer 8

TRUE

Question 9

_________________ established minimum levels of protection that each government must provide to the intellectual property of all WTO members.

Answer 9

Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement

Question 10

Plagiarism is an issue only in academia. True or False?

Answer 10

FALSE

Question 11

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

Answer 11

Reverse engineering

Question 12

Almost all the data needed for competitive intelligence can be collected either from carefully examining published information or through interviews. True or False?

Answer 12

TRUE

Question 13

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?

Answer 13

TRUE

Question 14

____________ 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.

Answer 14

Intellectual property

Question 15

____________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.

Answer 15

A copyright

Question 16

___________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.

Answer 16

Copyright infringement

Question 17

The ______________ allows portions of copy- righted materials to be used without permission under certain circumstances.

Answer 17

fair use doctrine

Question 18

__________________established minimum levels of protection that each government must provide to the intellectual property of all WTO members

Answer 18

Agreement on Trade-Related Aspects of Intellectual Property Rights, also known as the TRIPS Agreement

Question 19

________________ 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

Answer 19

The Digital Millennium Copyright Act (DMCA)

Question 20

Unlike a copyright, a ______________prevents independent creation as well as copying

Answer 20

patent

Question 21

______________the existing body of knowledge that is available to a person of ordinary skill in the art

Answer 21

prior Art

Question 22

_____________occurs when someone makes unauthorized use of another’s patent.

Answer 22

patent infringment

Question 23

A ________ is a firm that acquires patents with no intention of manufacturing any- thing, instead licensing the patents to others.

Answer 23

patent troll

Question 24

A ____________ is a definition that has been approved by a recognized standards organization or accepted as a de facto standard within a particular industry.

Answer 24

standard

Question 25

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 ________________

Answer 25

submarine patent.

Question 26

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.

Answer 26

trade secret

Question 27

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

Answer 27

noncompete agreement

Question 28

___________ is the act of stealing someone’s ideas or words and passing them off as one’s own

Answer 28

Plagiarism

Question 29

__________ is the process of taking something apart in order to understand it, build a copy of it, or improve it.

Answer 29

Reverse engineering

Question 30

__________ 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.

Answer 30

compiler

Question 31

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

Answer 31

Open source code

Question 32

_____________ is legally obtained information that is gathered to help a company gain an advantage over its rivals.

Answer 32

Competitive intelligence

Question 33

_____________ employs illegal means to obtain business information not available to the general public

Answer 33

industrial espionage

Question 34

A ____________is a logo, package design, phrase, sound, or word that enables a consumer to differentiate one company’s products from another’s

Answer 34

trademark

Question 35

_____________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.

Answer 35

Cybersquatters

Question 36

_____________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.

Answer 36

copyright law

Question 37

_____________ enable people to check the originality of documents and manuscripts.

Answer 37

Plagiarism detection systems

Question 38

__________must take care to avoid unethical or illegal behavior, including lying, misrepresentation, theft, bribery, or eavesdropping with illegal devices.

Answer 38

Competitive intelligence analysts