2022年考博英语-华东政法大学考试内容及全真模拟冲刺卷（附带答案与详解）1. 单选题For the purposes of limiting the unauthorized distribution of intellectual property, the DMCAs statutory immunity for ISPs is carefully structured to block only actions for damages. Another section of the Act provides for a process by which a court, under certain conditions, can grant injunctive relief. In the case of a source ISP, there may be an order requiring a termination of the offending sources account with the ISP or a termination of the rest of the worlds access to the users assigned Internet destination, if the infringing material resides there. For an OSP, an injunction may be framed as an order requiring termination of the OSP users account or removal or blocked access to the material on the OSPs servers.It may be this prospect of injunctive relief that has led to a practice by publishers of asking ISPs to monitor and police activity taking place on their networks. For example, the Motion Picture Association of America sent a letter to Harvard University complaining of allegedly infringing material hosted by someone on the Harvard network. Harvard, in turn, discovered that the material in question was hosted by an undergraduate on his own computer attached to the Harvard dormitory network. Harvard sent a letter to the student alerting him that such hosting was in violation of its network policies, and threatening sanctions should the student continue to host such material. Notices by publishers to ISPs seeking action by the ISPs against individual users have become routine, with firms springing up to accept the outsourced task of identifying points of infringement within a network and generating complaint letters to the relevant ISPs. Some publishers have even attempted to get source ISPs universities, in particular to change network architecture to prevent the use of peer-to-peer networking completely. While most have declined to do so, at least one university, in the same week it sent a letter to a publisher refusing to take action, announced a network bandwidth conservation policy that clamped most out-going Internet traffic from student dormitories, effectively dampening the universitys contribution to worldwide file sharing/piracy.For enforcement purposes, it may be easier to find and engage an ISP regarding its legal responsibilities than a single subscriber of that ISP. But if a revelation of subscriber identity is sought, success merely pushes the enforcement problem back to dealing with a potentially unreachable source. Moreover, when the ISP in question is located overseas cooperation of any sort is fraught with as many barriers as those for faraway individual sources of illicit material.Jonathan Zittrain: Internet Points of Control83. According to the 1st paragraph, which of the following is NOT a remedy regarding ISPs liability?84. The sentence which is closest in meaning with the underlined sentence of the 2nd paragraph is _.85. The Harvard student story in the 2nd paragraph is used to illustrate _.86. The underlined word “revelation” in the 3rd paragraph means _.问题1选项A.damagesB.injunctive reliefC.an order requiring a termination of the offending sources accountD.an order requiring a termination of the access to the users assigned Internet destination问题2选项A.The prospect of injunctive relief may have led the ISPs to monitor and police activity taking place on their networks.B.The prospect of injunctive relief may have led the publishers to ask ISPs to monitor and police activity taking place on their networks.C.The prospect of injunctive relief may have led the publishers of asking ISPs to monitor and police activity taking place on their networks.D.It is the prospect of injunctive relief that has led to a practice by publishers of asking ISPs to monitor and police what happens on their networks.问题3选项A.the relationship between a university and its studentsB.the liability of a network userC.actions taken by ISPs in response to publishers requestsD.the university policy towards infringement问题4选项A.repetitionB.revolutionC.surpriseD.disclosure【答案】第1题:A第2题:B第3题:C第4题:D【解析】83. 【试题答案】A【试题解析】事实细节题。根据题干定位到原文第一段Another section of the Act provides for a process by which a court, under certain conditions, can grant injunctive relief.（该法的另一节规定了法院在某些条件下可以批准禁令救济的程序）可知B选项“禁令救济”符合是针对ISP的赔偿责任的救济；第一段For an OSP, an injunction may be framed as an order requiring termination of the OSP users account or removal or blocked access to the material on the OSPs servers.（对于一个OSP，禁令可能是一个命令，要求终止OSP用户的账户或删除或阻止访问OSP服务器上的材料）可知C选项“要求终止违规来源账户的命令”和D选项“要求终止对用户指定的因特网目的地的访问的一种命令”符合是针对ISP的赔偿责任的救济；A选项“损害赔偿”第一段未涉及。因此A选项符合题意。84. 【试题答案】B【试题解析】推理判断题。根据题干定位到原文第二段划线句子It may be this prospect of injunctive relief that has led to a practice by publishers of asking ISPs to monitor and police activity taking place on their networks.（也许正是这种