问题 单项选择题

若某人持有盗版软件,但他本人确实不知道该软件是盗版的,则()承担侵权责任。

A.应由该软件的持有者

B.应由该软件的提供者

C.应由该软件的提供者和持有者共同

D.该软件的提供者和持有者都不

答案

参考答案:B

解析:

[分析]: “盗版软件”即侵权的软件复制品。《计算机软件保护条例》以使用了软件侵权复制品持有人主观上知道或者应当知道所持软件是否为侵权复制品为标准。知道软件是侵权复制品而使用运行,持有人主观上应当属于故意,即明知故犯;有合理理由推论或者认定持有人应当知道其对所使用运行的软件为侵权复制品,如主观上存有疏忽大意等过失,而使用运行了侵权复制品,应当承担法律责任。主观上不知或者没有合理理由应知的持有人,对该软件的使用运行等行为不承担民事赔偿责任。但是当其一旦知道了所使用的软件为侵权复制品时,应当履行停止使用、销毁该软件的法律义务。

《计算机软件保护条例》第二十八条规定,软件复制品的出版者、制作者不能证明其出版、制作有合法授权的,或者软件复制品的发行者、出租者不能证明其发行、出租的复制品有合法来源的,应当承担法律责任。

阅读理解

Babies are born yogis. Once we were all able to pull our toes up by our ears and laugh about it. Then we aged, got injured, and began carrying stress in our shoulders and back. In short, we lost our balance.

Yoga(瑜伽) is an ancient practice that helps create a sense of union in body, mind, and spirit. It brings us balance. I was seriously out of balance when I started practicing yoga in 1999. I had plantar facilities in both feet, and my doctor had warned me against all the things I loved to do: walking, hiking, and playing tennis. I was desperate for exercise. Yoga became my salvation and even enhanced my other fitness activities. I practice yoga at least twice a week, but I consider yoga to be part of my daily life because after a while you no longer just practice yoga—you love it.

Yoga becomes part of your physical life. Your body grows stronger, more toned, and more flexible as you move from one pose to the other. I spent a week in Mexico at a yoga retreat, and it was the first vacation on which I lost weight. “Rather than building muscle, yoga builds muscle tone,” says Shakta Kaur Khalsa, author of the K.I.S.S. Guide to Yoga. “Because yoga helps maintain a balanced metabolism (新陈代谢), it also helps to regulate weight. Additionally, yoga stretches muscles lengthwise, causing fat to be removed around the cells.” I do yoga poses throughout the day. After hours at my computer, I stretch my stiff shoulders and arms. When I need a boost of energy, I do energizing poses. When I am feeling exhausted at the end of the day, I do restorative poses.

Yoga becomes part of your mental life. Yoga teaches you to focus on breathing while you hold the poses. This attention to breath is calming; it dissolves stress and anxiety. I use yogic breathing on the tennis courts, in the dentist’s chair, and in traffic jams. You should always leave a yoga practice feeling energized, not tired. If you feel tired after yoga, it means you spent the time “fighting” yourself, trying to force yourself into poses. In yoga, you “surrender” to the pose by letting go of the tension.

Yoga becomes part of your spiritual life. Yoga is practiced by people from all religions; it is not restricted to any religious group. Yoga teaches “right” living in how we deal with ourselves and others. As I work on a difficult pose, I learn patience, forgiveness, and the value of gentleness. Yoga advocates proper eating, but you don’t have to be a vegetarian to practice yoga.

小题1:What would be the best title for this passage?

A.What’s Yoga?

B.How I Do Yoga Poses

C.The Benefits of Yoga

D.The Varieties of Yoga小题2:According to the third paragraph, yoga can help people __________.

A.grow taller

B.lose weight

C.become flexible in thinking

D.make more friends小题3:People feel tired after yoga because __________.

A.they consume energy in practicing yoga

B.they respond well to yoga poses

C.they spend too much time on yoga

D.they force themselves into yoga poses小题4:If this passage continues, what will the writer most probably write about in the next paragraph?

A.Yoga as a means to keep fit.

B.Who may like yoga

C.Popularity of yoga all over the world.

D.Encouraging people to do yoga.

多项选择题