问题 单项选择题

李某为了牟利,未经著作权人许可,私自复制了若干部影视作品的VCD,并以批零兼营等方式销售,销售金额为11万元,其中纯利润6万元。李某的行为构成何罪?

A.销售侵权复制品罪

B.侵犯著作权罪

C.非法经营罪

D.生产、销售伪劣产品罪

答案

参考答案:B

解析:[考点] 侵犯著作权罪和相关犯罪的区别 根据《刑法》第217条规定:以营利为目的,有下列侵犯著作权情形之一,违法所得数额较大或者有其他严重情节的,处三年以下有期徒刑或者拘役,并处或者单处罚金;违法所得数额巨大或者有其他特别严重情节的,处三年以上七年以下的有期徒刑,并处罚金:(一)未经著作权人许可,复制发行其文字作品、音乐、电影、电视、录像作品、计算机软件及其他作品的;……。 李某以营利目的,未经著作权人的许可,复制发行其影视作品,其行为符合侵犯著作权罪的构成要件。其销售侵权复制品的行为,根据《最高人民法院关于审理非法出版物刑事案件具体应用法律若干问题的解释》第4条的规定,若要构成销售侵权复制品罪,个人违法所得数额须在10万元以上。由于李某的利润为6万元,因此,其行为不构成销售侵权复制品罪,应构成侵犯著作权罪。

阅读理解

However wealthy we may be, we can never find enough hours in the day to do everything we want. Economics deals with this problem through the concept of opportunity cost, which simply refers to whether someone’s time or money could be better spent on something else.

Every hour of our time has a value. For every hour we work at one job we could quite easily be doing another, or be sleeping or watching a film. Each of these options has a different opportunity cost—namely, what they cost us in missed opportunities.

Say you intend to watch a football match but the tickets are expensive and it will take you a couple of hours to get to and from the stadium. Why not, you might reason, watch the game from home and use the leftover money and time to have dinner with friends? This—the alternative use of your cash and time—is the opportunity cost.

For economists, every decision is made by knowledge of what one must forgo—in terms of money and enjoyment—in order to take it up. By knowing precisely what you are receiving and what you are missing out on, you ought to be able to make better-informed, more reasonable decisions. Consider that most famous economic rule of all: there’s no such thing as a free lunch. Even if someone offers to take you out to lunch for free, the time you will spend in the restaurant still costs you something in terms of forgone opportunities.

Some people find the idea of opportunity cost extremely discouraging: imagine spending your entire life calculating whether your time would be better spent elsewhere doing something more profitable or enjoyable. Yet, in a sense it’s human nature to do precisely that—we assess the advantages and disadvantages of decisions all the time.

In the business world, a popular phrase is “value for money.” People want their cash to go as far as possible. However, another is fast obtaining an advantage: “value for time.” The biggest restriction on our resources is the number of hours we can devote to something, so we look to maximize the return we get on our investment of time. By reading this passage you are giving over a bit of your time which could be spent doing other activities, such as sleeping and eating. In return, however, this passage will help you to think like an economist, closely considering the opportunity cost of each of your decisions.

小题1:According to the passage, the concept of “opportunity cost” is applied to ________.

A.making more money

B.taking more opportunities

C.reducing missed opportunities

D.weighing the choice of opportunities小题2:The “leftover ... time” in Paragraph 3 probably refers to the time ________.

A.spared for watching the match at home

B.taken to have dinner with friends

C.spent on the way to and from the match

D.saved from not going to watch the match小题3:What are forgone opportunities?

A.Opportunities you forget in decision-making.

B.Opportunities you give up for better ones.

C.Opportunities you miss accidentally.

D.Opportunities you make up for.

单项选择题