> 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?

As a practical matter, I would think that the test prep people would
absolutely love it if the actual tests contained the exact questions from
the test prep, because it would increase the value of the test prep
materials.

However, if I had never used either the test prep materials nor taken the
test, and I came up with a list of questions out of the blue, it would be
very difficult for anyone to sue me, because the questions themselves are
often pretty obvious. So, for the most part, it's a matter of the format and
arrangement of the questions as much as the content of the questions
themselves. Both the test maker and the test prep maker could claim
copyright on their specific arrangement of questions. Presumably, the actual
test would predate any test prep materials, also.

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!


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