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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、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.
3、In the idealized version of how science is done, facts about the world are waiting to be observed and collected by objective researchers who use the scientific method to carry out their work. But in the everyday practice of science, discovery frequently follows an ambiguous and complicated route. We aim to be objective, but we cannot escape the context of our unique life experience. Prior knowledge and interest influence what we experience, what we think our experiences mean, and the subsequent actions we take. Opportunities for misinterpretation, error, and self-deception abound. Consequently, discovery claims should be thought of as protoscience. Similar to newly staked mining claims, they are full of potential. But it takes collective scrutiny and acceptance to transform a discovery claim into a mature discovery. This is the credibility process, through which the individual researcher's me, here, now becomes the community's anyone, anywhere, anytime. Objective knowledge is the goal, not the starting point. Once a discovery claim becomes public, the discoverer receives intellectual credit. But, unlike with mining claims, the community takes control of what happens next. Within the complex social structure of the scientific community, researchers make discoveries; editors and reviewers act as gatekeepers by controlling the publication process; other scientists use the new finding to suit their own purposes; and finally, the public (including other scientists) receives the new discovery and possibly accompanying technology. As a discovery claim works it through the community, the interaction and confrontation between shared and competing beliefs about the science and the technology involved transforms an individual's discovery claim into the community's credible discovery. Two paradoxes exist throughout this credibility process. First, scientific work tends to focus on some aspect of prevailing Knowledge that is viewed as incomplete or incorrect. Little reward accompanies duplication and confirmation of what is already known and believed. The goal is new-search, not re-search. Not surprisingly, newly published discovery claims and credible discoveries that appear to be important and convincing will always be open to challenge and potential modification or refutation by future researchers. Second, novelty itself frequently provokes disbelief. Nobel Laureate and physiologist Albert Azent-Gyorgyi once described discovery as “seeing what everybody has seen and thinking what nobody has thought.” But thinking what nobody else has thought and telling others what they have missed may not change their views. Sometimes years are required for truly novel discovery claims to be accepted and appreciated. In the end, credibility “happens” to a discovery claim—a process that corresponds to what philosopher Annette Baier has described as the commons of the mind. “We reason together, challenge, revise, and complete each other's reasoning and each other's conceptions of reason.” 1.According to the first paragraph, the process of discovery is characterized by its( ).2.It can be inferred from Paragraph 2 that credibility process requires ( ). 3.Paragraph 3 shows that a discovery claim becomes credible after it ( ). 4.Albert Szent-Gyorgyi would most likely agree that ( ). 5.Which of the following would be the best title of the test?
問題1
A、uncertainty and complexity
B、misconception and deceptiveness
C、logicality and objectivity
D、systematicness and regularity
問題2
A、strict inspection
B、shared efforts
C、individual wisdom
D、persistent innovation
問題3
A、has attracted the attention of the general public
B、has been examined by the scientific community
C、has received recognition from editors and reviewers
D、has been frequently quoted by peer scientists
問題4
A、scientific claims will survive challenges
B、discoveries today inspire future research
C、efforts to make discoveries are justified
D、scientific work calls for a critical mind
問題5
A、Novelty as an Engine of Scientific Development.
B、Collective Scrutiny in Scientific Discovery.
C、Evolution of Credibility in Doing Science.
D、Challenge to Credibility at the Gate to Science.
4、On a five to three vote, the Supreme Court knocked out much of Arizona's immigration law Monday—a modest policy victory for the Obama Administration. But on the more important matter of the Constitution, the decision was an 8-0 defeat for the Administration's effort to upset the balance of power between the federal government and the states.In Arizona v. United States, the majority overturned three of the four contested provisions of Arizona's controversial plan to have state and local police enforce federal immigration law. The Constitutional principles that Washington alone has the power to “establish a uniform Rule of Naturalization” and that federal laws precede state laws are noncontroversial. Arizona had attempted to fashion state policies that ran parallel to the existing federal ones.Justice Anthony Kennedy, joined by Chief Justice John Roberts and the Court's liberals, ruled that the state flew too close to the federal sun. On the overturned provisions the majority held that Congress had deliberately “occupied the field,” and Arizona had thus intruded on the federal's privileged powers.However, the Justices said that Arizona police would be allowed to verify the legal status of people who come in contact with law enforcement. That's because Congress has always envisioned joint federal-state immigration enforcement and explicitly encourages state officers to share information and cooperate with federal colleagues.Two of the three objecting Justice—Samuel Alito and Clarence Thomas—agreed with this Constitutional logic but disagreed about which Arizona rules conflicted with the federal statute. The only major objection came from Justice Antonin Scalia, who offered an even more robust defense of state privileges going back to the Alien and Sedition Acts.The 8-0 objection to President Obama turns on what Justice Samuel Alito describes in his objection as “a shocking assertion of federal executive power”. The White House argued that Arizona's laws conflicted with its enforcement priorities, even if state laws complied with federal statutes to the letter. In effect, the White House claimed that it could invalidate any otherwise legitimate state law that it disagrees with.Some powers do belong exclusively to the federal government, and control of citizenship and the borders is among them. But if Congress wanted to prevent states from using their own resources to check immigration status, it could. It never did so. The administration was in essence asserting that because it didn’t want to carry out Congress's immigration wishes, no state should be allowed to do so either. Every Justice rightly rejected this remarkable claim.1.Three provisions of Arizona's plan were overturned because they( ).2.On which of the following did the Justices agree, according to Paragraph 4?3.It can be inferred from Paragraph 5 that the Alien and Sedition Acts ( ). 4.The White House claims that its power of enforcement ( ). 5.What can be learned from the last paragraph?
問題1
A、deprived the federal police of Constitutional powers
B、disturbed the power balance between different states
C、overstepped the authority of federal immigration law
D、contradicted both the federal and state policies
問題2
A、Federal officers' duty to withhold immigrants' information.
B、States' independence from federal immigration law.
C、States' legitimate role in immigration enforcement.
D、Congress's intervention in immigration enforcement.
問題3
A、violated the Constitution
B、undermined the states' interests
C、supported the federal statute
D、stood in favor of the states
問題4
A、outweighs that held by the states
B、is dependent on the states' support
C、is established by federal statutes
D、rarely goes against state laws
問題5
A、Immigration issues are usually decided by Congress.
B、Justices intended to check the power of the Administration.
C、Justices wanted to strengthen its coordination with Congress.
D、The Administration is dominant over immigration issues.
5、“The Heart of the Matter,” the just-released report by the American Academy of Arts and Sciences (AAAS), deserves praise for affirming the importance of the humanities and social sciences to the prosperity and security of liberal democracy in America. Regrettably, however, the report's failure to address the true nature of the crisis facing liberal education may cause more harm than good.In 2010, leading congressional Democrats and Republicans sent letters to the AAAS asking that it identify actions that could be taken by “federal, state and local governments, universities, foundations, educators, individual benefactors and others” to “maintain national excellence in humanities and social scientific scholarship and education.” In response, the American Academy formed the Commission on the Humanities and Social Sciences. Among the commission's 51 members are top-tier-university presidents, scholars, lawyers, judges, and business executives, as well as prominent figures from diplomacy, filmmaking, music and journalism.The goals identified in the report are generally admirable. Because representative government presupposes an informed citizenry, the report supports full literacy; stresses the study of history and government, particularly American history and American government; and encourages the use of new digital technologies. To encourage innovation and competition, the report calls for increased investment in research, the crafting of coherent curricula that improve students' ability to solve problems and communicate effectively in the 21st century, increased funding for teachers and the encouragement of scholars to bring their learning to bear on the great challenges of the day. The report also advocates greater study of foreign languages, international affairs and the expansion of study abroad programs.Unfortunately, despite 2% years in the making, “The Heart of the Matter” never gets to the heart of the matter: the illiberal nature of liberal education at our leading colleges and universities. The commission ignores that for several decades America's colleges and universities have produced graduates who don't know the content and character of liberal education and are thus deprived of its benefits. Sadly, the spirit of inquiry once at home on campus has been replaced by the use of the humanities and social sciences as vehicles for publicizing “progressive,” or left-liberal propaganda.Today, professors routinely treat the progressive interpretation of history and progressive public policy as the proper subject of study while portraying conservative or classical liberal ideas—such as free markets and self-reliance—as falling outside the boundaries of routine, and sometimes legitimate, intellectual investigation.The AAAS displays great enthusiasm for liberal education. Yet its report may well set back reform by obscuring the depth and breadth of the challenge that Congress asked it to illuminate. 1.According to Paragraph 1, what is the author's attitude toward the AAAS's report?2.Influential figures in the Congress required that the AAAS report on how to( ).3.According to Paragraph 3, the report suggests ( ). 4.The author implies in Paragraph 5 that professors are ( ). 5.Which of the following would be the best title for the text?
問題1
A、Critical.
B、Appreciative.
C、Contemptuous.
D、Tolerant.
問題2
A、safeguard individuals' rights to education
B、define the government's role in education
C、retain people's interest in liberal education
D、keep a leading position in liberal education
問題3
A、an exclusive study of American history
B、a greater emphasis on theoretical subjects
C、the application of emerging technologies
D、funding for the study of foreign languages
問題4
A、supportive of free markets
B、biased against classical liberal ideas
C、cautious about intellectual investigation
D、conservative about public policy
問題5
A、Illiberal Education and “The Heart of the Matter”.
B、The AAAS's Contribution to Liberal Education.
C、Ways to Grasp “The Heart of the Matter”.
D、Progressive Policy vs. Liberal Education.
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