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  3. The entertainment industry and technology companies have been warring for years over the dazzling ability of computers and the I

The entertainment industry and technology companies have been warring for years over the dazzling ability of computers and the I

admin2010-05-05  88
问题     The entertainment industry and technology companies have been warring for years over the dazzling ability of computers and the Internet to copy and transmit music and movies.
    A crucial battle ended this week with a ruling by America’s Supreme Court in favour of copyright holder and against two companies that distribute peer-to-peer (P2P) software, which lets users share files online with others. The court’s decision, though ostensibly a victory for content providers, is. nevertheless unlikely to stamp out file sharing—much of which will continue from outside America—or stop the technological innovation that is threatening the current business models of media firms.
    The court was asked to decide whether two firms, Grokster and StreamCast, were liable for copyright infringement by their customers. Two lower courts had said that the firms were not liable, citing a 1984 ruling in favour of Sony’s Betamax video recorder. This held that a technology firm is immune from liability so long as the device concerned is "capable of substantial noninfringing uses". The court did not reinterpret the 1984 decision in light of the Internet. Instead the justices ruled that the case raised a far narrower issue: whether Grokster and StreamCast induced users to violate copyrights and chose not to take the simpie steps available to prevent it. Such behaviour would make the firms clearly liable for copyright infringement and end their immunity, even under the Betamax standard. The court reasoned that there were sufficient grounds to believe that inducement occurred, and sent the case back to lower courts for trial.
    Although the Grokster decision will probably not squelch innovation as much as many tech firms fear, it should certainly make IT and electronics firms more cautious about how they market their products—and quite right, too. But the Supreme Court’s narrow ruling makes this unlikely—in deed, the justices noted the technology’s widespread legitimate use. Yet their decision will surely embolden the entertainment industry to pursue in court any firms that they can claim knowingly allow in fringement; This could kill off some small innovative start-ups. On the other hand, the ruling could also provide legal cover for tech firms with the wit to plaster their products with warnings not to violate the law.
    But judged from a long-term perspective, this week’s victory for copyright holders seems likely to prove a Pyrrhic one. The Internet and file sharing are disruptive technologies that give consumers vastly more ability to use all sorts of media content, copyrighted or not. Surely entertainment firms must devise ways to use this technology to sell their wares that will also allow copyright to be protected.
    So long as technology continues to evolve in ways that enable legitimate content sharing, piracy will also probably continue to some degree. Happily, in this case the piracy seems to have prompted content firms to compete by offering better fee-based services. The challenge for content providers is to use new technology to create value for customers, and to make those who use content illegally feel bad about it.
选项 A、indeed hit the piracy industry hard.
B、has little impact on content sharing.
C、may prevent tech firms from innovating.
D、can lead to a flourish of entertainment industry.
答案B
解析 本题问美国最高法院的裁决…。由关键词"the ruling of America’s Supreme Court"可定位到第二段。第二段第二句中提到"...The court’s decision...is nevertheless unlikely to stamp out file sharing"，这里"stamp out"意为"扑灭，踩灭"。可见"对文件共享影响甚小"正确。的确严厉打击了盗版业：尽管第二段首句提到裁决"in favor of copyright holder"，但由第二段第二句可知，这个裁决仅是一个表面上的胜诉，实际上无法扑灭"file sharing"，而"file sharing"正是一种重要的盗版方式。可能阻碍科技公司创新：由第四段首句中"...the Grokster decision will probably not squelch innovation as much as many tech firms fear..."可以看出这个裁决并不会对科技公司创新造成很大影响。实际上纵观全文也可以看出，作者认为技术的不断进步是不可阻挡的，因此在末段建议娱乐业放远眼光，提供更好的收费服务。这种不符合全文基本观点的选项一般不会是正确选项。会引导娱乐业走向繁荣：过于绝对。该裁决仅是表面上对娱乐业有利，并非真正的胜利。由末段可知，娱乐业还需要顺应形势，通过提供更好的收费服务来应对文件共享技术的发展。
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