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Copyright infringement is legally considered theft because it deprives the original owner of their possession of the work.
Answer: False
According to the U.S. Supreme Court, copyright infringement is not legally equivalent to theft because it does not deprive the owner of their possession of the work, unlike the theft of tangible property.
The term 'piracy' was first used in the context of online file sharing before being applied to the book trade.
Answer: False
The term 'piracy' has been used as a synonym for copyright infringement for centuries, particularly within the book trade, long before the advent of online file sharing.
Richard Stallman and the GNU Project object to the term 'piracy' for copyright infringement because they believe it inaccurately equates copyright violations with violent acts like attacking ships.
Answer: True
Richard Stallman and the GNU Project argue that the term 'piracy' misleadingly equates copyright violations with violent criminal acts such as attacking ships at sea.
What is 'freebooting' primarily used to describe in modern times?
Answer: The unauthorized copying of online media, especially videos, onto platforms like Facebook or YouTube.
What is the fundamental definition of copyright infringement?
Answer: The unauthorized use of works protected by copyright for purposes that require permission.
What is the primary difference between copyright infringement and theft, according to the U.S. Supreme Court in *Dowling v. United States* (1985)?
Answer: Theft involves tangible property, while copyright infringement involves intellectual property, where the original owner retains possession.
The U.S. Chamber of Commerce's 2021 IP Index identified Japan and New Zealand as having the lowest scores for copyright protection.
Answer: False
The index identified countries like Vietnam, Pakistan, and Venezuela as having the lowest scores, not Japan and New Zealand.
The *MGM v. Grokster* Supreme Court case ruled that P2P file-sharing services could not be held liable for copyright infringement.
Answer: False
The Supreme Court ruled that P2P services like Grokster *could* be held liable for copyright infringement if they willfully marketed their services as venues for acquiring copyrighted material.
For works by individual authors in the United States, copyright currently lasts for the life of the author plus 50 years.
Answer: False
For works by individual authors in the United States, copyright currently lasts for the life of the author plus 70 years.
The TRIPs agreement requires signatory countries to empower their courts to issue injunctions and order destruction of infringing products.
Answer: True
Article 50 of the TRIPs agreement requires signatory countries to provide remedies such as injunctions and the destruction of infringing products.
The 'LaMacchia Loophole' allowed for criminal prosecution of copyright infringement even without a profit motive.
Answer: False
The 'LaMacchia Loophole' prevented criminal prosecution for non-commercial infringement. The NET Act was passed to close this loophole.
Title I of the U.S. DMCA prohibits individuals from circumventing technological measures designed to control access to copyrighted works.
Answer: True
Title I of the DMCA prohibits the circumvention of technological measures used to control access to copyrighted works.
The *Abby House Media Inc. v. Apple Inc.* ruling made it illegal to direct users to DRM-stripping software.
Answer: False
The ruling found that it is legal to direct users to DRM-stripping software, as there was no evidence that the act of stripping DRM itself directly leads to infringement.
Copyright protection extends to the underlying idea of a work, not just its fixed expression.
Answer: False
Copyright protects the fixed, original expression of an idea, not the underlying idea itself.
Which of the following is NOT an exclusive right granted to a copyright holder that can be infringed upon?
Answer: The right to prevent others from discussing the work's underlying ideas.
What was the ruling in the *Public Relations Consultants Association Ltd v Newspaper Licensing Agency Ltd* case regarding web caches?
Answer: Viewing content online, which creates a temporary web cache, does not infringe copyright.
What is a key requirement for a work to qualify for copyright protection?
Answer: It must be an expression with a degree of originality and in a fixed medium.
What is the current copyright term for works produced under corporate authorship in the United States?
Answer: 120 years after creation or 95 years after publication, whichever period is shorter.
How do courts typically determine if computer software infringes copyright?
Answer: By requiring the software to pass an Abstraction-Filtration-Comparison (AFC) Test.
What did the *MGM v. Grokster* ruling signal to designers of software that could be used for copyright infringement?
Answer: That they could be held liable if their services were marketed to facilitate infringement.
The primary focus of copyright holders has shifted from pursuing individual online infringers to targeting service providers and software distributors who facilitate infringement.
Answer: True
Copyright-dependent industries have shifted their focus from pursuing individual infringers to penalizing service providers and software distributors who facilitate infringement.
In countries with copyright legislation, copyright enforcement is solely the responsibility of the state, not the copyright holder.
Answer: False
Copyright enforcement is typically the responsibility of the copyright holder, although the state may also pursue criminal penalties in many jurisdictions.
A 'copyright troll' is a third party that aims to take copyright infringement cases to trial to secure large judgments.
Answer: False
A 'copyright troll' typically has no intention of taking cases to trial; instead, their practice is to pursue cases just far enough to identify and exact settlements from suspected infringers.
In some EU member states, downloading copyright-protected content for personal, noncommercial use is permitted, provided rights holders are compensated and no copy protection is bypassed.
Answer: True
Some EU member states permit downloading for personal, noncommercial use under specific conditions, such as compensating rights holders and not bypassing copy protection.
The public distribution of copyright-protected content, such as by uploading or sharing, is generally illegal in most countries.
Answer: True
While private copying may be permitted in some jurisdictions, the public distribution of copyrighted content, such as by uploading or sharing, is illegal in most countries.
Germany has passed a bill limiting fines for individuals sharing movies and series to €800-900 for non-commercial infringement.
Answer: True
Germany passed a bill limiting fines for non-commercial sharing of movies and series to a range of €800-900.
Internet intermediaries, such as ISPs and web search engines, are granted limited immunity from copyright infringement liability under U.S. and European law if they are unaware of infringement and act promptly to remove content.
Answer: True
Under 'safe harbor' provisions in U.S. and European law, online intermediaries are granted limited immunity from liability if they are unaware of infringement and act promptly to remove infringing content.
Peer-to-peer file-sharing intermediaries are typically granted safe harbor provisions because they do not directly host infringing content.
Answer: False
P2P intermediaries have generally been denied safe harbor provisions because legal actions against them are often based on secondary liability, such as contributory or vicarious infringement.
How are copyright infringement disputes typically resolved, according to the source?
Answer: Primarily through direct negotiation, 'notice and take down' processes, or civil litigation.
What was the maximum fine per instance of willful copyright infringement in the United States?
Answer: $150,000
Which of the following is NOT considered an 'Internet intermediary' in the context of copyright infringement liability, according to the expanded definition?
Answer: Individual users who download copyrighted content
What do 'fair use' and 'fair dealing' doctrines in copyright law primarily provide?
Answer: Limitations and exceptions to copyright protection, allowing certain uses without permission.
What does compulsory licensing in copyright law entail?
Answer: Copyright owners are forbidden from denying a license for certain uses if a legally determined royalty is paid.
The US Army's $50 million settlement with Apptricity in 2013 was due to the Army completely lacking any license for the software.
Answer: False
The settlement was due to the Army installing the software for over 9,000 users when their license only covered 500, illustrating infringement through exceeding license terms, not a complete lack of a license.
Cara Cusumano suggested in 2014 that the main motivation for online piracy is an unwillingness to pay for content.
Answer: False
Cara Cusumano suggested the main motivation is a desire for immediacy and availability, not an unwillingness to pay, stating consumers would pay if content were made available online more promptly.
A 2014 University of Portsmouth study found that Finnish movie pirates were less likely to reduce piracy if they felt they were harming the industry, compared to music downloaders.
Answer: False
The study found that movie pirates were *more* likely to reduce piracy if they felt they were harming the industry, compared to music downloaders.
Bill Gates viewed software piracy in China in 1998 as a short-term problem that needed immediate legal action.
Answer: False
Bill Gates viewed software piracy in China as a long-term opportunity to build market familiarity, anticipating that Microsoft could 'somehow figure out how to collect' payments in the future.
The 'Media Piracy in Emerging Economies' study concluded that high prices for media goods and low incomes are chief factors contributing to media piracy in emerging markets.
Answer: True
The study identified high prices for media, low incomes, and cheap digital technologies as the chief factors contributing to media piracy in emerging markets.
Which of the following is NOT listed as a common motivation for individuals to engage in copyright infringement?
Answer: A preference for supporting legitimate sellers through higher prices.
The United States Government Accountability Office (GAO) concluded in 2010 that estimating the economic impact of intellectual property infringements is straightforward due to readily available data.
Answer: False
The GAO concluded that estimating the economic impact is 'difficult, if not impossible,' due to a lack of data and reliance on assumptions.
A 2017 study found significant increases in movie box office revenues in markets that implemented anti-piracy measures.
Answer: False
The 2017 study found no significant increases in movie box office revenues in markets that implemented anti-piracy measures.
According to the 2007 BSA and IDC study, Armenia had one of the highest software piracy rates globally.
Answer: True
The 2007 BSA and IDC study identified Armenia as having one of the highest software piracy rates globally, at 93%.
The Institute for Policy Innovation (IPI) reported in 2007 that music piracy cost the U.S. economy $12.5 billion and resulted in significant job losses.
Answer: True
The IPI reported in 2007 that music piracy cost the U.S. economy $12.5 billion and led to the loss of over 70,000 jobs.
A 2007 study in the *Journal of Political Economy* found a strong negative correlation between music downloads and legal music sales.
Answer: False
The study found that the effect of music downloads on legal music sales was 'statistically indistinguishable from zero,' indicating no strong negative correlation.
The European Commission Joint Research Centre's 2013 report suggested that illegal music downloads had a positive effect on legal music purchases.
Answer: True
The European Commission Joint Research Centre's 2013 report indicated that illegal music downloads had a positive effect on legal music purchases.
The RIAA's claim for $75 trillion in damages against LimeWire was deemed reasonable by the presiding judge.
Answer: False
The presiding judge ruled the RIAA's claim for $75 trillion in damages was 'absurd' because it incorrectly assumed every illegal download was a lost sale.
A Jupiter Research study in 2000 found that Napster users were less likely to increase their music purchasing habits than non-users.
Answer: False
The study found that Napster users were 45 percent *more* likely to have increased their music purchasing habits than non-users.
Professor Aram Sinnreich argues that the decline in music sales was primarily caused by the rise of peer-to-peer file sharing.
Answer: False
Professor Sinnreich argues the decline was caused by the bursting of an 'artificial expansion' or 'perfect bubble' in the industry due to new digital technologies, not primarily by file sharing.
According to the BSA and IDC's 2007 study, which country had one of the lowest software piracy rates?
Answer: United States
What was the estimated global commercial value of pirated software in 2011, according to the BSA?
Answer: US$63.4 billion
What did the European Commission Joint Research Centre's 2013 report suggest about the effect of illegal music downloads on legal music purchases?
Answer: A positive effect.
Which organization criticized the European Commission's 2013 study on music piracy as flawed and misleading?
Answer: The International Federation of the Phonographic Industry (IFPI)
What was the primary reason for beIN Media Group's reported 'billions of dollars' in losses in 2019?
Answer: A piracy operation led by Saudi Arabia's broadcaster beoutQ.
According to Professor Aram Sinnreich, what caused the 'perfect bubble' in the music industry to burst at the end of the 20th century?
Answer: The introduction of new digital technologies.
What was a key finding of the 2010 United States Government Accountability Office (GAO) report regarding the economic impact of intellectual property infringements?
Answer: Estimating the economic impact is extremely difficult due to a lack of data and reliance on assumptions.
Matt Deaner explained that film distributors restrict immediate online access to films primarily to encourage cinema attendance and maximize theatrical returns.
Answer: True
Matt Deaner stated that film distributors restrict immediate online access to maximize theatrical returns and encourage cinema attendance as part of their monetization strategy.
The BSA's 2011 piracy study recommended that governments should lead by example by using only licensed software.
Answer: True
One of the BSA's key recommendations was for governments to lead by example by using only licensed software and implementing software asset management programs.
Open licensing strategies, like Creative Commons, increase copyright infringement by making content freely available.
Answer: False
Open licensing strategies, like Creative Commons, reduce copyright infringement by voluntarily narrowing the scope of what is considered infringing, allowing for permissive use under specified conditions.
Pre-COVID-19, film distribution typically involved immediate digital transmission of films to cinemas to prevent piracy.
Answer: False
Pre-COVID-19, digital versions of films were often transported physically via couriers on data storage devices, not through immediate digital transmission, to prevent piracy during the theatrical window.
Which of the following is a legal preventive measure to deter copyright infringement mentioned in the source?
Answer: Public education and civil/criminal legislation.
What is one of the four strategies recommended by the BSA in 2011 for governments to reduce software piracy rates?
Answer: Modernizing protections for software and copyrighted materials.
What was the average theatrical window for film distribution pre-COVID-19?
Answer: About 16.5 weeks.
Which of the following is a pro-free-culture organization mentioned in the source?
Answer: Creative Commons (CC)
Which of the following is an anti-copyright-infringement organization?
Answer: Business Software Alliance (BSA)