>We're talking about test questions here. Not a novel, or even a book >that contains *original* thoughts and musings as you suggest in your >example.
Doesn't matter. You can't decide on your own that someone else's work is more or less deserving of copyright protection. The law already does that. >I remember some good questions that were asked on a test that >I took once upon a time and I pull those tests out and use a few of the >questions verbatim on my test. Have I done anything wrong? Actually, fair use probably would probably allow this anyway. But there's also a difference in protection of copyright when it is something that someone makes money off of. Legally, both have copyright, but in terms of damages from infringement, it really has to be shown that there are monetary damages. I doubt the questions from an old test would fulfill such a test. >I realize this is probably contrary to what the law says, but >hey... I'm not a lawyer), test questions aren't (or at least shouldn't >be) intellectual property. Sorry, the law does not agree. It's one thing to have a single question that is the same. But we're talking a large number of questions all worded exactly the same as Brian's. There would be little difficulty in proving that it was a clear case of copyright infringement. >Do we seriously >think that another intelligent human being setting out to make a test >might not think of the same question? Copyright law allows for this. One of the reasons copyright cases are so expensive to try is that you have to prove that the material is derivative enough from the original that it could not possibly be an original work. I'm not even sure why this debate has come up. Ben admitted he infringed, it's not even a question. >Next, do you realize that you've blatantly plagiarized my intellectual >property below? You used my exact words in the precise order that I >wrote them, but did not give me credit. Commenting on or criticizing another person's words clearly comes under Fair Use. --- Mary Jo ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Upgrade to Adobe ColdFusion MX7 Experience Flex 2 & MX7 integration & create powerful cross-platform RIAs http:http://ad.doubleclick.net/clk;56760587;14748456;a?http://www.adobe.com/products/coldfusion/flex2/?sdid=LVNU Archive: http://www.houseoffusion.com/groups/CF-Talk/message.cfm/messageid:266782 Subscription: http://www.houseoffusion.com/groups/CF-Talk/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.4
