Ok, this is a stupid question but... We are talking about practice test questions. Does that mean if the question comes up on the exam and is worded exactly the same (because there is no other way to ask the question that makes sense), that Adobe would then be on the wrong end of copyright infringement?
If that were the case then anyone who made a self study course or exam prep could sue the test givers (although I suspect that it's the other way around and the test questions would be copyrighted by the test creators). I understand the format matched and that is a copyright issue, but who do the questions belong to? Just curious if anyone thought of it this way. Steve -----Original Message----- From: Dave Watts [mailto:[EMAIL PROTECTED] Sent: Wednesday, January 17, 2007 4:18 PM To: CF-Talk Subject: RE: My sincerest apologies to Brian Simmons, CentraSoft.Com, and to the entire ColdFusion community > Different case...you are presenting this book and profiting > from it as your own material. If I give it away? > Ben was presenting it more as proof of concept, as stated in > his email and he did not state that he came up with the questions > on his own. His only mistake was not citing Brian on it. I suspect that Brian's test materials say that they can't be reused or redistributed without his consent. So, if I placed all his questions on a web page that said "These questions came from Centrasoft Exam Buster", I'd be in the wrong. And "proof of concept" will not protect you from a successful civil suit, as I can affirm from my own direct experience. There's a funny story behind that. Unfortunately, I'm not at liberty to discuss it. Or, rather, I'm not drunk enough to discuss it. Suffice it to say that it involves a custom t-shirt that says, "I paid ___ ___ $10,000, and all I got was this lousy t-shirt". > He used the questions in the same manner as many developers > and designers use the Ipso Delorum Latin filler crap. You know, there's a reason why designers use that, you know. > I don't see how Brian was harmed or his questions degraded > by Ben's use of his questions for a proof of concept. If > Ben was marketing this as a final product or even a beta, > then it would be plagiarism. If anything...Brian got some > free advertising for his product and should be happy with > that. There is no such thing as bad press ;-) Methinks > it's time to unbunch some panties ;-) There are so many problems with that paragraph, I hardly know where to start. First, it doesn't matter whether you can see the harm or not. The owner of the property has a lot of leeway in deciding how that property may and may not be used. Second, plagiarism is not the same as copyright. In this case, you could argue that plagiarism isn't a factor, since any individual question is unlikely to have a great degree of creativity invested in it. But, again, the arrangement of questions, or any other data, can be copyrighted in many cases. I won't even bother with the "bad press" part. You're a consultant. How would you like it if your clients redistributed your work, without the right to do so? Would your panties be unbunched? Dave Watts, CTO, Fig Leaf Software http://www.figleaf.com/ Fig Leaf Software provides the highest caliber vendor-authorized instruction at our training centers in Washington DC, Atlanta, Chicago, Baltimore, Northern Virginia, or on-site at your location. Visit http://training.figleaf.com/ for more information! ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| 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:266819 Subscription: http://www.houseoffusion.com/groups/CF-Talk/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.4
