HOME MEMBERSHIP CALENDAR JUDICIAL COUNCIL 

FORMS KNOW YOUR 

JUDGES DAILY 

EBRIEFS LA LAWYER




    For Attorneys
    For the Public
    About Us
    Jobs
    Counsel For Justice
    Law Students
    My Account


LACBA on Facebook.
LACBA on Twitter.
LACBA on LinkedIn.



Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association

MCLE Test and Answer Sheet
Test No. 126: Code Breaking
(May 2004)


Instructions for Obtaining MCLE Credits


The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.


2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:
Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 
Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.
Test Sheet 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. Which provision of the Digital Millennium Copyright Act (DMCA) prohibits trafficking in devices used to circumvent technological measures that protect access to a copyrighted work?
A. Section 1201(a)(1).
B. Section 1201(a)(2).
C. Section 1201(b).
D. Section 501.

2. Even if a person has lawfully obtained access to a copyrighted work, Section 1201(a)(1) of the DMCA prohibits that person from circumventing technological protections in order to copy and distribute the work.
 True.
False.

3. Section 1201(b) of the DMCA prohibits trafficking in devices that circumvent controls against copying or other violations of a copyright.
 True.
False.

4. If a company sells a device that breaks DVD encryption codes in order to permit the copying of DVDs, that company violates Section 1201(b) of the DMCA.
 True.
False.

5. Which of the following is a statutory exception to the anticircumvention provisions of the DMCA?
A. Technology that is covered by First Amendment free speech rights.
B. Reverse engineering to achieve interoperability between computer programs.
C. Devices that are not marketed for use as a circumvention tool.
D. Technology that does not involve digital entertainment content.

6. Which of the following is not a remedy available under the DMCA for a civil anticircumvention claim?
A. Statutory damages.
B. Actual damages.
C. Treble damages.
D. Constructive trust.

7. What is the range of statutory damages available for a civil anticircumvention claim?
A. $0 to $5,000.
B. $200 to $2,500.
C. $1,000 to $10,000.
D. $30,000 to $150,000.

8. In a civil action for anticircumvention violations, damages can be reduced if the defendant proves innocent intent.
 True.
False.

9. In a criminal prosecution for anticircumvention violations, the prosecution must prove the violation is both willful and which of the following?
A. With intent to interfere with the copyright owner's rights.
B. For purposes of harming the financial interest in the copyrighted work.
C. For purposes of commercial advantage or private financial gain.
D. With intent to displace the market for the copyrighted work.

10. For a first-time violation of the anticircumvention provisions, what is the range of criminal penalties that may be imposed?
A. A fine up to $50,000 and imprisonment for up to 2 years.
B. A fine up to $100,000 and imprisonment for up to 3 years.
C. A fine up to $250,000 and imprisonment for up to 4 years.
D. A fine up to $500,000 and imprisonment for up to 5 years.

11. To date, which of the following has been recognized by a court as a valid constitutional challenge to the anticircumvention provisions of the DMCA?
A. The DMCA violates the copyright clause of the U.S. Constitution.
B. The DMCA violates First Amendment free speech rights.
C. The DMCA eliminates fair use of copyrighted materials.
D. None of the above.

12. A device violates the antitrafficking provisions of the DMCA if it:
A. Is primarily designed to circumvent technological protection measures.
B. Has only limited commercially significant purposes other than circumvention.
C. Is marketed for use in circumvention.
D. Any one of the above.

13. In Real Networks, Inc. v. Streambox, Inc., the court found that Streambox VCR violated how many of the DMCA's antitrafficking prongs?
A. None.
B. 1.
C. 2.
D. 3.

14. In Universal City Studios, Inc. v. Corley, how did the Second Circuit rule on Corley's defense that he could distribute the DeCSS code based on his First Amendment rights?
A. The DeCSS code was not protected speech and entitled to no First Amendment protection.
B. The DeCSS code was protected speech, but the injunction issued by the district court properly targeted only the nonspeech component of the code.
C. The DeCSS code was protected speech, and the injunction issued by the district court violated Corley's free speech rights.
D. The First Amendment has no applicability to the DMCA.

15. The United States v. Elcom Ltd. case involved what type of copyright protection system?
A. The DeCSS code to encrypt DVDs.
B. An encryption code for CDs.
C. Access controls for JPG files.
D. Adobe's eBook format.

16. In Lexmark International, Inc. v. Static Control Components, Inc., the district court found that SCC's SMARTEK microchips violated which DMCA antitrafficking prongs?
A. The microchips were primarily designed to circumvent technological protections.
B. The microchips had no commercial purpose other than circumvention.
C. The microchips were marketed for use in circumvention.
D. All of the above.

17. In the Chamberlain Group, Inc. v. Skylink Technologies, Inc. garage door opener case, the district court rejected the plaintiff's anticircumvention claim under the DMCA.
 True.
False.

18. The Lexmark court found that the DMCA's anticircumvention provisions apply only to digital entertainment content and not to other kinds of copyrighted works.
 True.
False.

19. How often is the Office of the Librarian of Congress instructed to review whether certain classes of works should be exempted from the anticircumvention provisions?
A. Annually.
B. Every 2 years.
C. Every 3 years.
D. Every 4 years.

20. In October 2003, the Office of the Librarian of Congress approved anticircumvention exemptions for which of the following classes of works?
A. Software or video games distributed in obsolete formats.
B. Technology to allow users to skip commercials on DVDs.
C. Software to allow users to play CDs on personal computers.
D. Devices that allow e-books to be read on a personal digital assistant (PDA).

Address and Billing 
After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

  
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

   
Los Angeles Lawyer
 
 
 
 
       
   
General Information
 
 
 
 
 
 
 
 
       
   
 
 
 
Online MCLE
 
 
 
 
Plus: Earn MCLE Credit