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Re:Teacher under fire for informing kids of their Fifth Amen... by CurtMonash on Monday May 27, 2013 @10:49PM (#5777746)
It's copyrighted information. How much could be released under "fair use" is questionable. Schools abuse copyright in some ways, and probably compensate by being rigorous in others.

Further, if it comes from a company that also offers more conventional achievement kinds of tests, it may come with bloodthirsty NDAs, as a matter of habit for such companies.

Re:Teacher under fire for informing kids of their Fifth Amen... by betterunix on Tuesday May 28, 2013 @11:07AM (#5780447)
So what? The school can give copies to students. Why can they not give one of those copies to a parent or reporter?

Copyright does not stop you from giving a copy to someone, it only stops you from making more copies.

Re:Teacher under fire for informing kids of their Fifth Amen... by aidenn0 on Tuesday May 28, 2013 @03:39PM (#5782200)
Sort-of. If the copies came with a license agreement forbidding you giving a copy to the press, then you might be liable if you did.

Furthermore if members of the press got a copy, they might be forbidden from publishing the test in full. A sample single question from the test (alluding to illegal activity) would likely be fair-use.

Re:Teacher under fire for informing kids of their Fifth Amen... by betterunix on Tuesday May 28, 2013 @04:17PM (#5782463)
"Sort-of. If the copies came with a license agreement forbidding you giving a copy to the press, then you might be liable if you did."

Except that you do not need a license unless you are making copies. The only reason you see licenses with software is that the process of installing software is making a copy of that software. Books do not come with licenses, because you do not copy a book in order to read it.

"Furthermore if members of the press got a copy, they might be forbidden from publishing the test in full."

I am pretty sure that even a full reproduction in a newspaper could be fair use, since it is for purely journalistic purposes and the publishing of the questionnaire would not impact the market in any way (the scrutiny by the press might, but criticism is also covered by fair use).

Re:Teacher under fire for informing kids of their Fifth Amen... by wnight on Wednesday May 29, 2013 @02:44AM (#5784989)
Actually, software licenses aren't required to simply use a program - though you can certainly obtain a copy by licensing it.

Essentially, copies made that are inherently required for the expected function of the work (to the HD if required, to RAM, to screen, etc) aren't copyright violations. http://www.law.cornell.edu/uscode/text/17/117

Re:Teacher under fire for informing kids of their Fifth Amen... by bashinator on Wednesday May 29, 2013 @01:10AM (#5784703)
Can you legally hold students (minors) to an NDA? I wonder what kind out outcome there would be if a 9th-grader photographed and published this survey.
Re:Teacher under fire for informing kids of their Fifth Amen... by wnight on Wednesday May 29, 2013 @02:49AM (#5785004)
DMCA takedown. Expulsion. Streissand effect. Hilarity.

They couldn't keep it online, but couldn't be seriously censured for trying, and they wouldn't be alone.

Re:Teacher under fire for informing kids of their Fifth Amen... by LekkoscPiwa on Tuesday May 28, 2013 @07:04AM (#5779241)
> It's copyrighted information.

It's a public school. So copyrights are now more important than parents rights? What a lame excuse.

Maybe that's also why our - so called - Representatives in Congress can't see the Acts they are voting into the Law? Because it's copyrighted by Lobbyists?

What a joke of a country.