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1、Over the past decade, thousands of patents have been granted for what are called business methods. Amazon.com received one for its “one-click” online payment system. Merrill Lynch got legal protection for an asset allocation strategy. One inventor patented a technique for lifting a box.Now the nation's top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago. In a move that has intellectual-property lawyers abuzz, the U.S. Court of Appeals for the Federal Circuit said it would use a particular case to conduct a broad review of business-method patents. In re Bilski, as the case is known , is “a very big deal”, says Dennis D. Crouch of the University of Missouri School of Law. It “has the potential to eliminate an entire class of patents.”Curbs on business-method claims would be a dramatic about-face, because it was the Federal Circuit itself that introduced such patents with its 1998 decision in the so-called State Street Bank case, approving a patent on a way of pooling mutual-fund assets. That ruling produced an explosion in business-method patent filings, initially by emerging Internet companies trying to stake out exclusive rights to specific types of online transactions. Later, more established companies raced to add such patents to their files, if only as a defensive move against rivals that might beat them to the punch. In 2005, IBM noted in a court filing that it had been issued more than 300 business-method patents, despite the fact that it questioned the legal basis for granting them. Similarly, some Wall Street investment firms armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.The Bilski case involves a claimed patent on a method for hedging risk in the energy market. The Federal Circuit issued an unusual order stating that the case would be heard by all 12 of the court's judges, rather than a typical panel of three, and that one issue it wants to evaluate is whether it should “reconsider” its State Street Bank ruling.The Federal Circuit's action comes in the wake of a series of recent decisions by the Supreme Court that has narrowed the scope of protections for patent holders. Last April, for example, the justices signaled that too many patents were being upheld for “inventions” that are obvious. The judges on the Federal Circuit are “reacting to the anti-patent trend at the Supreme Court”, says Harold C. Wegner, a patent attorney and professor at George Washington University Law School.1.Business-method patents have recently aroused concern because of( ). 2.Which of the following is true of the Bilski case?3.The word “about-face” (Line 1, Para 3) most probably means ( ). 4.We learn from the last two paragraphs that business-method patents ( ). 5.Which of the following would be the subject of the text?
問題1
A、their limited value to businesses
B、their connection with asset allocation
C、the possible restriction on their granting
D、the controversy over their authorization
問題2
A、Its ruling complies with the court decisions.
B、It involves a very big business transaction.
C、It has been dismissed by the Federal Circuit.
D、It may change the legal practices in the U.S.
問題3
A、loss of good will
B、increase of hostility
C、change of attitude
D、enhancement of dignity
問題4
A、are immune to legal challenges
B、are often unnecessarily issued
C、lower the esteem for patent holders
D、increase the incidence of risks
問題5
A、A looming threat to business-method patents.
B、Protection for business-method patent holders.
C、A legal case regarding business-method patents.
D、A prevailing trend against business-method patents.
2、Bankers have been blaming themselves for their troubles in public. Behind the scenes, they have been taking aim at someone else: the accounting standard-setters. Their rules, moan the banks, have forced them to report enormous losses, and it's just not fair. These rules say they must value some assets at the price a third party would pay, not the price managers and regulators would like them to fetch.Unfortunately, banks' lobbying now seems to be working. The details may be unknowable, but the independence of standard-setters, essential to the proper functioning of capital markets, is being compromised. And, unless banks carry toxic assets at prices that attract buyers, reviving the banking system will be difficult.After a bruising encounter with Congress, America's Financial Accounting Standards Board (FASB) rushed through rule changes. These gave banks more freedom to use models to value illiquid assets and more flexibility in recognizing losses on long-term assets in their income statements. Bob Herz, the FASB's chairman, cried out against those who “question our motives.” Yet bank shares rose and the changes enhance what one lobbying group politely calls “the use of judgment by management.”European ministers instantly demanded that the International Accounting Standards Board (IASB) do likewise. The IASB says it does not want to act without overall planning, but the pressure to fold when it completes its reconstruction of rules later this year is strong. Charlie McCreevy, a European commissioner, warned the IASB that it did “not live in a political vacuum” but “in the real world” and that Europe could yet develop different rules.It was banks that were on the wrong planet, with accounts that vastly overvalued assets. Today they argue that market prices overstate losses, because they largely reflect the temporary illiquidity of markets, not the likely extent of bad debts. The truth will not be known for years. But banks' shares trade below their book value, suggesting that investors are skeptical. And dead markets partly reflect the paralysis of banks which will not sell assets for fear of booking losses, yet are reluctant to buy all those supposed bargains.To get the system working again, losses must be recognized and dealt with. America's new plan to buy up toxic assets will not work unless banks mark assets to levels which buyers find attractive. Successful markets require independent and even combative standard-setters. The FASB and IASB have been exactly that, cleaning up rules on stock options and pensions, for example, against hostility from special interests. But by giving in to critics now they are inviting pressure to make more concessions.1.Bankers complained that they were forced to( ).2.According to the author, the rule changes of the FASB may result in ( ). 3.According to Paragraph 4, McCreevy objects to the IASB's attempt to ( ). 4.The author thinks the banks were “on the wrong planet” in that they ( ). 5.The author's attitude towards standard-setters is one of( ).
問題1
A、follow unfavorable asset evaluation rules
B、collect payments from third parties
C、cooperate with the price managers
D、reevaluate some of their assets
問題2
A、the diminishing role of management
B、the revival of the banking system
C、the banks' long-term asset losses
D、the weakening of its independence
問題3
A、keep away from political influences
B、evade the pressure from their peers
C、act on their own in rule-setting
D、take gradual measures in reform
問題4
A、misinterpreted market price indicators
B、exaggerated the real value of their assets
C、neglected the likely existence of bad debts
D、denied booking losses in their sale of assets
問題5
A、satisfaction
B、skepticism
C、objectiveness
D、sympathy
3、The rough guide to marketing success used to be that you got what you paid for. No longer. While traditional “paid” media—such as television commercials and print advertisements—still play a major role, companies today can exploit many alternative forms of media. Consumers passionate about a product may create “owned” media by sending e-mail alerts about products and sales to customers registered with its Web site. The way consumers now approach the broad range of factors beyond conventional paid media. Paid and owned media are controlled by marketers promoting their own products. For earned media, such marketers act as the initiator for users' responses. But in some cases, one marketer's owned media become another marketer's paid media—for instance, when an e-commerce retailer sells ad space on its Web site. We define such sold media as owned media whose traffic is so strong that other organizations place their content or e-commerce engines within that environment. This trend, which we believe is still in its infancy, effectively began with retailers and travel providers such as airlines and hotels and will no doubt go further. Johnson & Johnson, for example, has created BabyCenter, a stand-alone media property that promotes complementary and even competitive products. Besides generating income, the presence of other marketers makes the site seem objective, gives companies opportunities to learn valuable information about the appeal of other companies' marketing, and may help expand user traffic for all companies concerned. The same dramatic technological changes that have provided marketers with more (and more diverse) communications choices have also increased the risk that passionate consumers will voice their opinions in quicker, more visible, and much more damaging ways. Such hijacked media are the opposite of earned media: an asset or campaign becomes hostage to consumers, other stakeholders, or activists who make negative allegations about a brand or product. Members of social networks, for instance, are learning that they can hijack media to apply pressure on the businesses that originally created them. If that happens, passionate consumers would try to persuade others to boycott products, putting the reputation of the target company at risk. In such a case, the company's response may not be sufficiently quick or thoughtful, and the learning curve has been steep. Toyota Motor, for example, alleviated some of the damage from its recall crisis earlier this year with a relatively quick and well-orchestrated social-media response campaign, which included efforts to engage with consumers directly on sites such as Twitter and the social-news site Digg. 1.Consumers may create “earned” media when they are( ).2.According to Paragraph 2, sold media feature ( ). 3.The author indicates in Paragraph 3 that earned media ( ). 4.Toyota Motor's experience is cited as an example of ( ). 5.Which of the following is the text mainly about ?
問題1
A、obscssed with online shopping at certain Web sites
B、inspired by product-promoting e-mails sent to them
C、eager to help their friends promote quality products
D、enthusiastic about recommending their favorite products
問題2
A、a safe business environment
B、random competition
C、strong user traffic
D、flexibility in organization
問題3
A、invite constant conflicts with passionate consumers
B、can be used to produce negative effects in marketing
C、may be responsible for fiercer competition
D、deserve all the negative comments about them
問題4
A、responding effectively to hijacked media
B、persuading customers into boycotting products
C、cooperating with supportive consumers
D、taking advantage of hijacked media
問題5
A、Alternatives to conventional paid media.
B、Conflict between hijacked and earned media.
C、Dominance of hijacked media.
D、Popularity of owned media.
4、The US $3-million Fundamental Physics Prize is indeed an interesting experiment, as Alexander Polyakov said when he accepted this year’s award in March. And it is far from the only one of its type. As a News Feature article in Nature discusses, a string of lucrative awards for researchers have joined the Nobel Prizes in recent years. Many, like the Fundamental Physics Prize, are funded from the telephone-number-sized bank accounts of Internet entrepreneurs. These benefactors have succeeded in their chosen fields, they say, and they want to use their wealth to draw attention to those who have succeeded in science.What's not to like? Quite a lot, according to a handful of scientists quoted in the News Feature. You cannot buy class, as the old saying goes, and these upstart entrepreneurs cannot buy their prizes the prestige of the Nobels. The new awards are an exercise in self-promotion for those behind them, say scientists. They could distort the achievement-based system of peer-review-led research. They could cement the status quo of peer-reviewed research. They do not fund peer-reviewed research. They perpetuate the myth of the lone genius.The goals of the prize-givers seem as scattered as the criticism. Some want to shock, others to draw people into science, or to better reward those who have made their careers in research.As Nature has pointed out before, there are some legitimate concerns about how science prizes—both new and old—are distributed. The Breakthrough Prize in Life Sciences, launched this year, takes an unrepresentative view of what the life sciences include. But the Nobel Foundation's limit of three recipients per prize, each of whom must still be living, has long been outgrown by the collaborative nature of modern research—as will be demonstrated by the inevitable row over who is ignored when it comes to acknowledging the discovery of the Higgs boson. The Nobels were, of course, themselves set up by a very rich individual who had decided what he wanted to do with his own money. Time, rather than intention, has given them legitimacy.As much as some scientists may complain about the new awards, two things seem clear. First, most researchers would accept such a prize if they were offered one. Second, it is surely a good thing that the money and attention come to science rather than go elsewhere. It is fair to criticize and question the mechanism—that is the culture of research, after all—but it is the prize-givers, money to do with as they please. It is wise to take such gifts with gratitude and grace.1.The Fundamental Physics Prize is seen as( ).2.The critics think that the new awards will most benefit ( ). 3.The discovery of the Higgs boson is a typical case which involves ( ). 4.According to Paragraph 4, which of the following is true of the Nobels?5.The author believes that the new awards are( ).
問題1
A、a symbol of the entrepreneurs' wealth
B、a possible replacement of the Nobel Prizes
C、a handsome reward for researchers
D、an example of bankers, investments
問題2
A、the profit-oriented scientists
B、the founders of the awards
C、the achievement-based system
D、peer-review-led research
問題3
A、the joint effort of modern researchers
B、controversies over the recipients' status
C、the demonstration of research findings
D、legitimate concerns over the new prizes
問題4
A、History has never cast doubt on them.
B、They are the most representative honor.
C、Their legitimacy has long been in dispute.
D、Their endurance has done justice to them.
問題5
A、harmful to the culture of research
B、acceptable despite the criticism
C、subject to undesirable changes
D、unworthy of public attention
5、King Juan Carlos of Spain once insisted “kings don't abdicate, they dare in their sleep.” But embarrassing scandals and the popularity of the republican left in the recent Euro-elections have forced him to eat his words and stand down. So, does the Spanish crisis suggest that monarchy is seeing its last days? Does that mean the writing is on the wall for all European royals, with their magnificent uniforms and majestic lifestyle? The Spanish case provides arguments both for and against monarchy. When public opinion is particularly polarised, as it was following the end of the Franco regime, monarchs can rise above “mere” politics and “embody” a spirit of national unity. It is this apparent transcendence of politics that explains monarchs' continuing popularity polarized. And also, the Middle East excepted, Europe is the most monarch-infested region in the world, with 10 kingdoms (not counting Vatican City and Andorra). But unlike their absolutist counterparts in the Gulf and Asia, most royal families have survived because they allow voters to avoid the difficult search for a non-controversial but respected public figure. Even so, kings and queens undoubtedly have a downside. Symbolic of national unity as they claim to be, their very history—and sometimes the way they behave today—embodies outdated and indefensible privileges and inequalities. At a time when Thomas Piketty and other economists are warning of rising inequality and the increasing power of inherited wealth, it is bizarre that wealthy aristocratic families should still be the symbolic heart of modern democratic states. The most successful monarchies strive to abandon or hide their old aristocratic ways. Princes and princesses have day-jobs and ride bicycles, not horses (or helicopters). Even so, these are wealthy families who party with the international 1%, and media intrusiveness makes it increasingly difficult to maintain the right image. While Europe's monarchies will no doubt be smart enough to survive for some time to come, it is the British royals who have most to fear from the Spanish example. It is only the Queen who has preserved the monarchy's reputation with her rather ordinary (if well-heeled) granny style. The danger will come with Charles, who has both an expensive taste of lifestyle and a pretty hierarchical view of the world. He has failed to understand that monarchies have largely survived because they provide a service–as non-controversial and non-political heads of state. Charles ought to know that as English history shows, it is kings, not republicans, who are the monarchy's worst enemies. 1.According to the first two Paragraphs, King Juan Carlos of Spain( ). 2.Monarchs are kept as heads of state in Europe mostly ( ). 3.Which of the following is shown to be odd, according to Paragraph 4? 4.The British royals “have most to fear” because Charle ( ). 5.Which of the following is the best title of the text?
問題1
A、used turn enjoy high public support
B、was unpopular among European royals
C、cased his relationship with his rivals
D、ended his reign in embarrassment
問題2
A、owing to their undoubted and respectable status
B、to achieve a balance between tradition and reality
C、to give voter more public figures to look up to
D、due to their everlasting political embodiment
問題3
A、Aristocrats' excessive reliance on inherited wealth.
B、The role of the nobility in modern democracies.
C、The simple lifestyle of the aristocratic families.
D、The nobility's adherence to their privileges.
問題4
A、takes a rough line on political issues
B、fails to change his lifestyle as advised
C、takes republicans as his potential allies
D、fails to adapt himself to his future role
問題5
A、Carlos, Glory and Disgrace Combined
B、Charles, Anxious to Succeed to the Throne
C、Carlos, a Lesson for All European Monarchs
D、Charles, Slow to React to the Coming Threats
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