问题 不定项选择

著名学者甲于1971年被迫害致死,甲于临终前将其回忆录手稿赠送给好友乙。该手稿扉页上题有“吾将不久于人世,谨以此绝笔赠吾至友,望珍藏密室,令其永不面世”的字样。乙依遗嘱秘藏之。1991年乙病故,其继承人丙获得该手稿。1994年丙将该手稿借于学者丁,供其研究甲的生平时参考。丙在出借时声明“根据作者遗愿,手稿不得公诸于世”,丁应允。1996年,丁在征得甲的继承人戊同意后,将手稿以“内部资料”的形式刊印400册,在一定范围内散发。请根据以上事例回答以下各题中所列的问题。

对有关当事人的行为的认定,下列意见中何者正确()

A.甲在手稿扉页上的表示,是行使著作权的行为

B.丙将手稿出借与丁,侵犯了甲的著作权

C.丁刊印手稿得到了戊的同意,属合法行为

D.丁以“内部资料”形式刊印手稿,不属于发表行为

答案

参考答案:A,B

解析:本题涉及相关行为的认定问题。甲作为著作权人,在手稿扉页明确表示该手稿永不面世,是其行使著作权的行为。作为该手稿的合法所有人丙应充分尊重著作权人甲的意思,故其将手稿出借于丁,违背了甲的意思,侵犯了甲的著作权,故AB选项正确。戊对该手稿不享有任何权利,丁以得到戊的同意为由刊印手稿是不能成立的,故C选项是错误的。丁以内部资料形式刊印手稿应属于发表行为,故D选项错误。本题正确选项为AB。

填空题
单项选择题

Let us take a brief look at the planet on which we live. As Earth hurtles through space at a speed of 70,000 miles an hour, it spins, as we all know, on its axis, which causes it to be flattened at the Poles. Thus if you were to stand at sea level at the North or South Pole, you would be 13 miles nearer the centre of the earth than if you stood on the Equator.
The earth is made up of three major layers — a central core, probably metallic, some 4000 miles across, a surrounding layer of compressed rock, and to top it all a very thin skin of softer rock, only about 20 to 40 miles thick — that’s about as thin as the skin of an apple, talking in relative terms.
The pressure on the central core is unimaginable. It has been calculated that at the centre it is 60 million pounds to the square inch, and this at a temperature of perhaps 10,000 degrees Fahrenheit. The earth’s interior, therefore, would seem to be of liquid metal — and evidence for this is given by the behavior of earthquake.
When an earthquake occurs, shock waves radiate from the centre just as waves radiate. outwards from the point where a stone drops into a pond. And these waves pulsate through the earth’s various layers. Some waves descend vertically and pass right through the earth, providing evidence for the existence of the core and an indication that it is fluid rather than solid. Thus, with their sensitive instruments, the scientists who study earthquakes, the seismologists, can in effect X-ray the earth.
Iceland is one of the most active volcanic regions of the world. And it was to Iceland that Jules Verne sent the hero of his book A Journey to the Centre of the Earth. This intrepid explorer clambered down the opening of an extinct volcano and followed its windings until he reached the earth’s core. There he found great oceans, and continents with vegetation. This is conception of a hollow earth we now know to be false. In the 100 years since Jules Verne published his book, the science of vulcanology, as it is called, has made great strides. But even so the deepest man has yet penetrated is about 10,000 feet. This hole, the Robinson Deep mine in South Africa, barely scratches the surface; so great is the heat at 10,000 feet that were it not for an elaborate air-conditioning system, the miners working there would be roasted. Oil borings down to 20,000 feet have shown that the deeper they go, the hotter it becomes.
The temperature of the earth at the centre is estimated to be anything between 3,000 and 11,000 degrees Fahrenheit. Some scientists believe that this tremendous heat is caused by the breaking-down of radio-active elements, which release large amounts of energy and compensate for the loss of heat from the earth’s surface. If this theory is correct, then we are all living on top of a natural atomic powerhouse.

The outer layer of the earth is compared to the skin of an apple because ______.

A.( it is about 20 to 40 miles thick

B.( it is thin in proportion to the earth’s mass

C.( it is softer than the central core

D.( it is thinner than the surrounding layer