Directions: Read the passage carefully and choose the best answer to the question out of the four alternatives given. Software and intellectual property have come a long way to provide new dimension…
Question and options
Directions: Read the passage carefully and choose the best answer to the question out of the four alternatives given.
Software and intellectual property have come a long way to provide new dimension to the markets. For a firm to be satisfied with the performance and functionality of an existing product was to risk losing market share to a competitor that targeted the same market. The nature of competition in the industry has been such that, if there is a perceived market for a particular software product, "someone will build it, and someone else will, as well," said Harry C. Reinstein, Chairman and chief executive officer of the Aion Corp.
While many software firms were aware of what intellectual property protection applied to software primarily trade secret law and copyright law, the actions of most of the firms suggested that legal concerns rarely entered into product-development decisions. The collective behavior of firms served to achieve the constitutional aim on which intellectual property law is based: "to promote the progress of science and the useful arts". More specifically, the software industry achieved the intent of intellectual property law, that is, to advance the public good, an objective widely interpreted to mean the generation and wide dissemination of ideas and innovations.
Today's legal ferment indicates that software firms are much more attuned to intellectual property issues. And why not? Copyright law and patent law exist to encourage innovation. Both award limited monopolies to those who invest their resources, effort, and ingenuity in developing products that society may deem useful. Thus intellectual property law offers the potential for private financial gain as an incentive for undertaking the risks of innovation.
Fracis D. Fisher, adviser to the Educational Technology Group at the Harvard Law School has expressed concerns that innovation in software will diminish without strong intellectual property protection in the light of the industry's historically high rate of innovation. "It is not enough to suggest that the incentives of monopoly are needed." Fisher maintained, "We need evidence. We need to shift the burden of proof, so that those who believe that the public interest gains from extending property rights to software must prove their case". Among those who believe this case is unproven is Richard Stallman, whose Free Software Foundation and League for programming Freedom provide a test of his conviction that innovation is best served absent prices based on commercial monopoly.
While Fisher may be unconvinced of the need to accord strict intellectual property rights to software, the perception that software is vulnerable to abuses by competitors and users is wide spread. Firms trying to position themselves in the market to earn returns on their investment often devote considerable thought to protection strategies.
Software and intellectual property have come a long way to provide new dimension to the markets. For a firm to be satisfied with the performance and functionality of an existing product was to risk losing market share to a competitor that targeted the same market. The nature of competition in the industry has been such that, if there is a perceived market for a particular software product, "someone will build it, and someone else will, as well," said Harry C. Reinstein, Chairman and chief executive officer of the Aion Corp.
While many software firms were aware of what intellectual property protection applied to software primarily trade secret law and copyright law, the actions of most of the firms suggested that legal concerns rarely entered into product-development decisions. The collective behavior of firms served to achieve the constitutional aim on which intellectual property law is based: "to promote the progress of science and the useful arts". More specifically, the software industry achieved the intent of intellectual property law, that is, to advance the public good, an objective widely interpreted to mean the generation and wide dissemination of ideas and innovations.
Today's legal ferment indicates that software firms are much more attuned to intellectual property issues. And why not? Copyright law and patent law exist to encourage innovation. Both award limited monopolies to those who invest their resources, effort, and ingenuity in developing products that society may deem useful. Thus intellectual property law offers the potential for private financial gain as an incentive for undertaking the risks of innovation.
Fracis D. Fisher, adviser to the Educational Technology Group at the Harvard Law School has expressed concerns that innovation in software will diminish without strong intellectual property protection in the light of the industry's historically high rate of innovation. "It is not enough to suggest that the incentives of monopoly are needed." Fisher maintained, "We need evidence. We need to shift the burden of proof, so that those who believe that the public interest gains from extending property rights to software must prove their case". Among those who believe this case is unproven is Richard Stallman, whose Free Software Foundation and League for programming Freedom provide a test of his conviction that innovation is best served absent prices based on commercial monopoly.
While Fisher may be unconvinced of the need to accord strict intellectual property rights to software, the perception that software is vulnerable to abuses by competitors and users is wide spread. Firms trying to position themselves in the market to earn returns on their investment often devote considerable thought to protection strategies.
Which one of the following explains, "shift the burden of proof" as stated in the passage?
- Those who believe that the public interest gains from extending property rights to software must prove their case
- Those who believe that the public interest does not gain from extending property right to software must prove their case
- Both those who believe the public interest gains and those who believe it does not gain must prove their case
- Richard Stallman must prove that free software best serves innovation
Answer and explanation
Correct answer: A - Those who believe that the public interest gains from extending property rights to software must prove their case
Fisher says the burden should shift so that those who believe the public interest gains from extending property rights to software must prove their case; the correct option quotes this. The burden is not placed on the doubters, nor on both sides.
Practice for these exams
-
CUSAT Three-Year LL.B.
Related question papers
Related exam syllabi
More solved explanations in English Language
- Read the passage and answer the question. Why do we relentlessly pursue these gleaming awards and coveted certificates? These tokens of recognition, ranging from…
- Read the passage and answer the question. Punctually at midday, he opened his bag and spread out his professional equipment, which consisted of a dozen cowrie…
- Read the passage and answer the question. The questions based on this passage are to be answered on the basis of what is stated or implied in the passage. For some…
- Read the passage and answer the question. Six sentences, labelled K, L, M, N, O and P, are given below in jumbled order. (K) The subjugation or enslavement of the…
- Directions: Study the passage and answer the question that follows. Passage-I The collapse in the price of oil has come as a big shock not only to the Russian…