We have been contacted by the law firm FULBRIGHT & .JAWORSKI L.L.P, a firm representing the National Conference of Bar Examiners (NCBE).
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Individuals who take the MBE are instructed that (l) MBE questions are confidential and copyrighted, and (2) they should not disclose MBE questions to third parties after taking the exam, in whole or in part, in any format.
The disclosure of such questions breaches the commitment that examinees undertake when they take the test, infringes NCBE's copyrights, and is inappropriate. See generally NCBE v. Multistate Legal Studies, Inc., 458 F. Supp. 2d 252 (E.D. Pa. 2006); NCBE v. Saccuzzo, 2003 WL 2146772 (S.D. Cal. 2003).
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They have requested:
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your assistance in: (l) removing the infringing content and (2) instructing all Studyfor.com users not to post -- in whole or in part-- any reconstructed MBE questions or answers or other copyrighted MBE materials on the site. |
While we believe that being a non-commercial site for purposes of education allows StudyFor.com the fair use of copyrighted material, the contractual agreement between exam takers and NCBE regarding improper disclosure is a good case that we are not in a position to fight.
We are very interested in your opinion on the matter, however.
1. Is removing the Content the right thing for a non-commercial educational site to do?
2. Is giving away the rights to your Answers an appropriate demand by the NCBE?
3. What are the positive sides of NCBE position on copyrighting their materials?
Category: MBE