MBE questions are confidential and copyrighted

studyfor · 03-06-2008

We have been contacted by the law firm FULBRIGHT & .JAWORSKI L.L.P, a firm representing the National Conference of Bar Examiners (NCBE).

Quote:

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).

They have requested:

Quote:

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

monali8 · 03-06-2008

that's bxxx sxxx. NCBE is simply trying to get monetary gain by being the only one who can sell MBE questions. There is no other interest. There is no valid copyright infringement case here! This forum is free and trying to help us overcome our fear and confusion through this confusing bar taking experience, and NCBE has to take that away???

Not only is this forum free, the information we share here is not significant enough to cause any harm or substantial enough to form a real copyright issue.

Contractually.. it is not a conscionable contract! It's a form contract that we are not allow to combat! I don't want to just give my answers' copyright away, but can I really say anything about that? They just wont' let me take the exam! This whole system is so unfair, and it makes me so mad that when nice people are giving out their 2 cents NCBE just has to ruin it for us.

Well, thank you studyfor.com for giving us this forum. Please don't shut it down even though you have to deal with people like NCBE in the future. Your work is highly appreciated by people like us!

Thanks you so much

03-06-2008	#2
monali8 New Join Date: Oct 2007 Posts: 40	Re: MBE questions are confidential and copyrighted that's bxxx sxxx. NCBE is simply trying to get monetary gain by being the only one who can sell MBE questions. There is no other interest. There is no valid copyright infringement case here! This forum is free and trying to help us overcome our fear and confusion through this confusing bar taking experience, and NCBE has to take that away??? Not only is this forum free, the information we share here is not significant enough to cause any harm or substantial enough to form a real copyright issue. Contractually.. it is not a conscionable contract! It's a form contract that we are not allow to combat! I don't want to just give my answers' copyright away, but can I really say anything about that? They just wont' let me take the exam! This whole system is so unfair, and it makes me so mad that when nice people are giving out their 2 cents NCBE just has to ruin it for us. Well, thank you studyfor.com for giving us this forum. Please don't shut it down even though you have to deal with people like NCBE in the future. Your work is highly appreciated by people like us! Thanks you so much Last edited by monali8 : 03-06-2008 at 07:34 PM.

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