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watchdog
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ETS and Lawsuits 22 Aug 2003, 08:52
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ETS uses copyrighted material in their questions, in verbal sections, across various test, without giving credit to the author or mentiong the source of the content, in the test.

Would this constitute violation of IPR ?

In the past, has ETS or GMAC, ever been sued, maybe for other reasons, like anti trust, etc., etc.
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AkamaiBrah
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ETS and Lawsuits 22 Aug 2003, 09:00
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watchdog
ETS uses copyrighted material in their questions, in verbal sections, across various test, without giving credit to the author or mentiong the source of the content, in the test.

Would this constitute violation of IPR ?

In the past, has ETS or GMAC, ever been sued, maybe for other reasons, like anti trust, etc., etc.
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I am pretty sure ETS obtains permission to both use and severely edit the material we end up reading.
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gladstone
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ETS and Lawsuits 23 Aug 2003, 12:01
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I'm sure that IF ETS and/or GMAC used copyrighted material without permission, then they would be in violation of copyright laws ('fair use' would not be a defense for them since they are big organization that generate a lot of revenue even if they are non-profit).

However, I agree with AkamaiBrah that they probably do get permission. They give credit and put in proper legal notices in fine print that we either don't see or we ignore so that their rears are covered.
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watchdog
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ETS and Lawsuits 23 Aug 2003, 23:00
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Most standardised tests never mention the source or give credit to the author of the content. Whether the test is CAT or paper based, there is no fine print on these tests that mentions the source or the author.

I wonder if the authors of the content, know, that their works are being used in these tests adminstered across the globe, and huge test fees are charged by these test companies.
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gladstone
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ETS and Lawsuits 24 Aug 2003, 00:36
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watchdog
Most standardised tests never mention the source or give credit to the author of the content. Whether the test is CAT or paper based, there is no fine print on these tests that mentions the source or the author.
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It would obviously be stupid of GMAC and ETS to actually cite author, title, and publication in something that test takers could see ... that kind of info would be passed around every prep forum in a matter of minutes. ETS and GMAC aren't that stupid ... otherwise everybody would be scoring 800s on the GMAT :lol:

ETS and GMAC probably have contracts with third party authors that we test takers don't get to see ... that's what is meant by "fine print" (i.e., in passages that are taken from third party sources, the question will say something like "From an article published in 1997" which let's us know it is from a third party source but does not give away too much information that can be used to our advantage).

ETS and GMAC also have plenty of test writers that work for them whose mission is to come up with the questions that vex us so ... no copyright problems there either.
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watchdog
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ETS and Lawsuits 24 Aug 2003, 10:58
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gladstone,

Drawing an analogy from your argument, it would mean, that the contents of a college text book bought by me, could be used by me in other works or cited elsewhere, without giving credit to the author of the content. Because, while buying the textbook, I am buying the right to the content.

My point is that the authors of the content stand to lose a lot of money; test takers reading their ideas or original works, have no clue to the source of the content. Further, the test takers could also use this info, to benefit them.

Anyway, I think that the authors of the content, do need to be acknowleged, for their original work.
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Sandoval
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ETS and Lawsuits 26 Aug 2003, 05:04
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actually, if you take a look at some of the previously administered LSAT's you'll see that at the back of every test all the sources for that test are cited. So they do get permission. I guess it's not too practical to cite them on a CAT test.
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