Damn, I just can't seem to stay away from this thread and get any work done. :o)
Mary Jo Sminkey wrote: >> 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. > > As I stated in another thread, I'm arguing what I think the law ought to be; not what it is. > >> 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. Duh -- didn't I just say, "I realize this is probably contrary to what the law says". ;o) I don't need an apology from you, so I don't see why you said you were sorry. > 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. > > But if they were jumbled up in a different order and a word or two had been changed he'd be okay, right? > >> 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. > > > Because it's interesting. Didn't you see the very first post? And besides debate is healthy. It's what makes free nations great. >> 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. > Give me a break Mary Jo, I was *obviously* being facetious. Are you a lawyer? You sound like a lawyer. ;o) Okay, I'm really going back to work this time! Everyone probably hates my guts by now anyway. :o) Cheers, Chris > --- 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:266785 Subscription: http://www.houseoffusion.com/groups/CF-Talk/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.4
