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  3. Remember Napster or Grokster? Both services allowed users to share computer files—usually digital music—that infringed the copyr

Remember Napster or Grokster? Both services allowed users to share computer files—usually digital music—that infringed the copyr

admin2019-08-08  30
问题    Remember Napster or Grokster? Both services allowed users to share computer files—usually digital music—that infringed the copyrights for those songs. Now imagine that, instead of music, you could download a physical object. Sounds like something from a sci-fi movie—push a button and there’s the item! But that scenario is already becoming a reality with the help of 3D printers. 【F1】We can download a computer file, called a computer-aided design (CAP) file, that instructs the printer to make a physical, three-dimensional object.
   Because CAD files are digital, they can be shared across the internet on file-sharing services, just like movies and music. Just as digital media challenged the copyright system with rampant copyright infringement, the patent system likely will encounter widespread infringement of patented inventions through 3D printing. 【F2】The problem is, however, that the patent system is even more ill-equipped to deal with this situation than copyright law was, posing a challenge to a key component of our innovation system.
   Patents are actual documents issued by the federal government. They’re awarded for inventions that are nontrivial advances in the state of the art. A patent allows the owner to prevent others from making, using, selling or importing the invention. 【F3】These exclusive rights help keep competitors out of the market, allowing the patent owner to recover R&D costs. The owner also can use the patent to support efforts to commercialize the invention.
   Each printed copy of an invention is a lost potential sale to the patent holder. Alternatively, patent owners could go after the people facilitating the infringement. The Patent Act permits a patent holder to sue parties who induce others to infringe. 【F4】Potential inducers of patent infringement here could be the sellers of the 3D printers, someone providing CAD files of the patented device, or websites that sell or share various CAD files that instruct the 3D printer to make the patented invention. Copyright law similarly prohibits inducement of infringement. The same idea could apply in the patent context.
   But there is a huge problem with this approach: inducement of patent infringement requires actual knowledge of the relevant patent. For music, everyone knows the songs are copyrighted. Not everyone is aware that a particular device is covered by a patent. There are hundreds of thousands of patents in existence. 【F5】It’s highly unlikely that potential inducers would have actual knowledge of every patent that could be infringed by use of a 3D printer.
【F3】
选项
答案这些专有权有助于将竞争对手挡在市场之外，从而保障专利权持有人能收回研发成本。
解析 ①本句为简单句，后面有一个现在分词短语作状语，表示结果。②句子谓语部分是help(to)do sth．结构，意为“帮助做某事／有助于做某事”。宾语中包含的动词短语keep…out of…，意为“置身于外／远离”；这里意在说明让竞争对手“置于市场之外”。③现在分词结构allowing the patent owner to recover R&D costs是非谓语的一种动词形式，其逻辑主语仍是句子的主语These exclusive rights，与其是主动关系。
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