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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、In his book The Tipping Point, Malcolm Gladwell argues that “social epidemics” are driven in large part by the actions of a tiny minority of special individuals, often called influentials, who are unusually informed, persuasive, or well connected. The idea is intuitively compelling, but it doesn't explain how ideas actually spread.The supposed importance of influentials derives from a plausible-sounding but largely untested theory called the “two-step flow of communication”: Information flows from the media to the influentials and from them to everyone else. Marketers have embraced the two-step flow because it suggests that if they can just find and influence the influentials, those selected people will do most of the work for them. The theory also seems to explain the sudden and unexpected popularity of certain looks, brands, or neighborhoods. In many such cases, a cursory search for causes finds that some small group of people was wearing, promoting, or developing whatever it is before anyone else paid attention. Anecdotal evidence of this kind fits nicely with the idea that only certain special people can drive trends. In their recent work, however, some researchers have come up with the finding that influentials have far less impact on social epidemics than is generally supposed. In fact, they don't seem to be required at all.The researchers' argument stems from a simple observation about social influence: with the exception of a few celebrities like Oprah Winfrey—whose outsize presence is primarily a function of media, not interpersonal, influence—even the most influential members of a population simply don't interact with that many others. Yet it is precisely these non-celebrity influentials who, according to the two-step-flow theory, are supposed to drive social epidemics, by influencing their friends and colleagues directly. For a social epidemic to occur, however, each person so affected, must then influence his or her own acquaintances, who must in turn influence theirs, and so on; and just how many others pay attention to each of these people has little to do with the initial influential. If people in the network just two degrees removed from the initial influential prove resistant, for example, the cascade of change won't propagate very far or affect many people.Building on the basic truth about interpersonal influence, the researchers studied the dynamics of social influence by conducting thousands of computer simulations of populations, manipulating a number of variables relating to people's ability to influence others and their tendency to be influenced. They found that the principal requirement for what is called “global cascades” — the widespread propagation of influence through networks—is the presence not of a few influentials but, rather, of a critical mass of easily influenced people. 1.By citing the book The Tipping Point, the author intends to( ).2.The author suggests that the "two-step-flow theory" ( ). 3.What the researchers have observed recently shows that ( ). 4.The underlined phrase “these people” in paragraph 4 refers to the ones who ( ). 5.What is the essential element in the dynamics of social influence?
問題1
A、analyze the consequences of social epidemics
B、discuss influentials' function in spreading ideas
C、exemplify people's intuitive response to social epidemics
D、describe the essential characteristics of influentials
問題2
A、serves as a solution to marketing problems
B、has helped explain certain prevalent trends
C、has won support from influentials
D、requires solid evidence for its validity
問題3
A、the power of influence goes with social interactions
B、interpersonal links can be enhanced through the media
C、influentials have more channels to reach the public
D、most celebrities enjoy wide media attention
問題4
A、stay outside the network of social influence
B、have little contact with the source of influence
C、are influenced and then influence others
D、are influenced by the initial influential
問題5
A、The eagerness to be accepted.
B、The impulse to influence others.
C、The readiness to be influenced.
D、The inclination to rely on others.
3、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
4、The ethical judgments of the Supreme Court justices have become an important issue recently. The court cannot(1)its legitimacy as guardian of the rule of law(2)justices behave like politicians. Yet, in several instances, justices acted in ways that(3) the court's reputation for being independent and impartial. Justice Antonin Scalia, for example, appeared at political events. That kind of activity makes it less likely that the court's decisions will be(4)as impartial judgments. Part of the problem is that the justices are not(5) by an ethics code. At the very least, the court should make itself (6) to the code of conduct that (7) to the rest of the federal judiciary. This and other similar cases (8) the question of whether there is still a (9) between the court and politics. The framers of the Constitution envisioned law (10) having authority apart from politics. They gave justices permanent positions (11) they would be free to (12 )those in power and have no need to (13)political support. Our legal system was designed to set law apart from politics precisely because they are so closely (14) . Constitutional law is political because it results from choices rooted in fundamental social (15) like liberty and property. When the court deals with social policy decisions, the law it (16)is inescapably political—which is why decisions split along ideological lines are so easily (17) as unjust. The justices must (18) doubts about the court's legitimacy by making themselves (19) to the code of conduct. That would make rulings more likely to be seen as separate from politics and, (20), convincing as law.
問題1
A、emphasize
B、maintain
C、modify
D、recognize
問題2
A、when
B、lest
C、before
D、unless
問題3
A、restored
B、weakened
C、established
D、eliminated
問題4
A、challenged
B、compromised
C、suspected
D、accepted
問題5
A、advanced
B、caught
C、bound
D、founded
問題6
A、resistant
B、subject
C、immune
D、prone
問題7
A、resorts
B、sticks
C、loads
D、applies
問題8
A、evade
B、raise
C、deny
D、settle
問題9
A、line
B、barrier
C、similarity
D、conflict
問題10
A、by
B、as
C、though
D、towards
問題11
A、so
B、since
C、provided
D、though
問題12
A、serve
B、satisfy
C、upset
D、replace
問題13
A、confirm
B、express
C、cultivate
D、offer
問題14
A、guarded
B、followed
C、studied
D、tied
問題15
A、concepts
B、theories
C、divisions
D、conventions
問題16
A、excludes
B、questions
C、shapes
D、controls
問題17
A、dismissed
B、released
C、ranked
D、distorted
問題18
A、suppress
B、exploit
C、address
D、ignore
問題19
A、accessible
B、amiable
C、agreeable
D、accountable
問題20
A、by all means
B、at all costs
C、in a word
D、as a result
5、In the 2006 film version of The Devil Wears Prada, Miranda Priestly, played by Meryl Streep, scold her unattractive assistant for imagining that high fashion doesn't affect her. Priestly explains how the deep blue color of the assistant's sweater descended over the years from fashion shows to department stores and to the bargain bin in which the poor girl doubtless found her garment.This top-down conception of the fashion business couldn't be more out of date or at odds with feverish world described in Overdressed, Elizabeth Cline's three-year indictment of “fast fashion”. In the last decades or so, advances in technology have allowed mass-market labels such as Zara, H&M, and Uniqlo to react to trends more quickly and anticipate demand more precisely. Quicker turnarounds mean less wasted inventory, more frequent releases, and more profit. Those labels encourage style-conscious consumers to see clothes as disposable—meant to last only a wash or two, although they don't advertise that—and to renew their wardrobe every few weeks. By offering on-trend items at dirt-cheap prices, Cline argues, these brands have hijacked fashion cycles, shaking an industry long accustomed to a seasonal pace.The victims of this revolution, of course, are not limited to designers. For H&M to offer a $5.95 knit miniskirt in all its 2,300-plus stores around the world, it must rely on low-wage, overseas labor, order in volumes that strain natural resources, and use massive amounts of harmful chemicals.Overdressed is the fashion world's answer to consumer-activist bestsellers like Michael Pollan's The Omnivore’s Dilemma. “Mass-produced clothing, like fast food, fills a hunger and need, yet is non-durable, and wasteful,” Cline argues. Americans, she finds, buy roughly 20 billion garments a year—about 64 items per person—and no matter how much they give away, this excess leads to waste. Towards the end of Overdressed, Cline introduced her ideal, a Brooklyn woman named Sarah Kate Beaumont, who since 2008 has made all of her own clothes—and beautifully. But as Cline is the first to note, it took Beaumont decades to perfect her craft; her example can't be knocked off.Though several fast-fashion companies have made efforts to curb their impact on labor and the environment—including H&M, with its green Conscious Collection Line—Cline believes lasting change can only be effected by the customer. She exhibits the idealism common to many advocates of sustainability, be it in food or in energy. Vanity is a constant; people will only start shopping more sustainably when they can't afford not to.1.Priestly criticizes her assistant for her( ).2.According to Cline, mass-market labels urge consumers to ( ). 3.The word “indictment” (Line 3, Para.2) is closest in meaning to ( ). 4.Which of the following can be inferred from the last paragraph? 5.What is the subject of the text?
問題1
A、poor bargaining skill
B、insensitivity to fashion
C、obsession with high fashion
D、lack of imagination
問題2
A、combat unnecessary waste
B、shut out the feverish fashion world
C、resist the influence of advertisements
D、shop for their garments more frequently
問題3
A、accusation
B、enthusiasm
C、indifference
D、tolerance
問題4
A、Vanity has more often been found in idealists.
B、The fast-fashion industry ignores sustainability.
C、People are more interested in unaffordable garments.
D、Pricing is vital to environment-friendly purchasing.
問題5
A、Satire on an extravagant lifestyle.
B、Challenge to a high-fashion myth.
C、Criticism of the fast-fashion industry.
D、Exposure of a mass-market secret.
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