2010考研阅读text2-text3题源分析及参考答案

  北京新东方学校 唐静

  北京新东方学校  周雷

  基本分析:

  Text 2

  原文选自李奥帕德的《沙郡岁月:李奥帕德的自然沉思》,本书是环保生态的经典著作,中译本由吴美真翻译,中国社会科学出版社出版。

  A Pending Threat to Patents

  以下是我做的一个初译稿,时间仓促,有误的话,请指出。

  by Michael Orey

  后面我有详细的分析。

  Business Week  February 21, 2008

  46)Ornithologists (出题人改为:Scientists) jumped to the rescue with
some distinctly shaky evidence to the effect that insects would eat us
up if birds failed to control them。

  Over the past decade, thousands of patents have been granted for
what are called business methods. Amazon.com (AMZN) received one for its
“one-click” online payment system. Merrill Lynch (MER) got legal
protection for an asset allocation strategy. One inventor patented a
technique for lifting a box。

  科学家们迅速赶来救援,他们使用的证据明显站不住脚,大意是说:如果鸟不能控制这些虫子,虫子就会吃光一切。

  Now the nation’s top patent court appears poised to scale back on
business-method patents, which have been controversial ever since they
were first authorized 10 years ago (第二十六题 D答案对 the controversy over
authorization). In a move that has intellectual-property lawyers abuzz,
the U.S. Court of Appeals for the Federal Circuit on Feb. 15 said it
would use a case pending before it to conduct a broad review of
business-method patents. In re Bilski, as the case is known, is “a very
big deal,” says Dennis D. Crouch, a patent professor at the University
of Missouri School of Law. It “has the potential to eliminate an entire
class of patents. (第二十七题
D答案对 it may change the legal practice in US)”

  47)but we have at least drawn nearer point of admitting that birds
should continue as a matter of biotic(出题人应该把biotic“生物的”
改为了intrinsic“固有的,内在的”) right, regardless of the presence or
absence of economic advantage to us。

  Curbs on business-method claims would be a dramatic about-face
(第二十八题
C答案对,change of
the
attitude,因为后面说联邦巡回法庭以前是很支持商业模式上的专利的,但是现在可能完全不支持了),
because it was the Federal Circuit itself that ushered in such patents
with its 1998 decision in the so-called State Street Bank (STT) case,
approving a patent on a way of pooling mutual-fund assets. That ruling
produced an explosion in business-method patent filings, initially by
nascent Internet companies trying to stake out exclusive rights to
specific types of online transactions. Later, more established companies
raced to add such patents to their portfolios, if only as a defensive
move against rivals that might beat them to the punch. In 2005, IBM
(IBM) noted in a court filing that it had been issued more than 300
business-method patents, despite the fact that it questioned the legal
basis for granting them. Similarly, some Wall Street investment firms
armed themselves with patents for financial products, even as they took
positions in court cases opposing the practice。

  但是我们起码得到了一种比较相近的观点,即:承认鸟类应该继续享有其固有的生物权利,而不管它们是否对我们具有经济价值。

  The Bilski case involves a claimed patent on a method for hedging
risk in the energy market. The Federal Circuit issued an unusual order
stating that the case would be heard by all 12 of the court’s judges,
rather than a typical panel of three, and that one issue it wants to
uate is whether it should “reconsider” its State Street Bank ruling。

  48)Time was when biologists somewhat overworked the evidence that
these creatures preserve the health of game by killing
weaklings(出题人把这个词改为the physically weak), or that they control
rodents for the farmer(出题人应该把这句删除了), or that they prey only
on worthless’ species。

  The Federal Circuit’s action comes in the wake of a series of recent
decisions by the Supreme Court that has narrowed the scope of
protections for patent holders. Last April, for example, the justices
signaled that too many patents were being upheld for “inventions” that
are obvious. (第二十九题B答案对are
often unnecessarily
issued。现在美国最高法院已经收紧了颁发专利的范围,那么联邦巡回法庭也会收紧对商业模式的专利的审核)The
judges on the Federal Circuit are “reacting to the anti-patent trend at
the Supreme Court,” says Harold C. Wegner, a patent attorney and
professor at George Washington University Law School。

  有一种证据认为,这些生物通过猎杀弱者来保存猎物的健康繁衍,或者这些生物捕杀的只不过是毫无意义的物种;曾几何时,生物学家有点滥用这种证据。

  纵观全文,最后一个题目第三十题,作为主旨题,答案应该是 A
looming threat to business-method patents

  49)In Europe, where forestry is ecologically more advanced, the
non-commercial tree species are recognized as members of the native
forest community, to be preserved as such, within reason.
在欧洲,其林业在生态上更加发达,公益林木被认为是原始森林群落的一部分,本身应该得到合理保护。

  26. Business-method patents have recently aroused concern because of

  50)It tends to ignore, and thus eventually to eliminate, many
elements in the land community that lack commercial value, but that are
(as far as we know)(命题人把原文括号部分删除了) essential to its healthy
functioning.
我们很容易忽视,因而最终会淘汰土地群体里的很多重要因素,虽然这些要素缺乏商业价值,但他们对土地的健康机制却至关重要。

  [A] their limited value to business

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  [B] their connection with asset allocation

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  [C] the possible restriction on their granting

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  [D] the controversy over authorization

  27. Which of the following is true of the Bilski case?

  [A] Its ruling complies with the court decisions

  [B] It involves a very big business transaction

  [C] It has been dismissed by the Federal Circuit

  [D] It may change the legal practices in the U.S。

  28. The word “about-face” (Line 1, Para 3) most probably means

  [A] loss of good will

  [B] increase of hostility

  [C] change of attitude

  [D] enhancement of density

  29. We learn from the last two paragraphs that business-method
patents

  [A] are immune to legal challenges

  [B] are often unnecessarily issued

  [C] lower the esteem for patent holders

  [D] increase the incidence of risks

  30. Which of the following would be the subject of the text?

  [A] A looming threat to business-method patents

  [B] Protection for business-method patent holders

  [C] A legal case regarding business-method patents

  [D] A prevailing trend against business-method patents

  Text 2 参考答案 26-30题 DDCBA

  Text 3

  The Accidental Influentials

  Harvard Business Review  2007 02

  In his best-selling book The Tipping Point, Malcolm Gladwell argues
that “social epidemics” are driven in large part by the actions of a
tiny minority of special individuals, often called influentials, who are
unusually informed, persuasive, or well connected. The idea is
intuitively compelling – we think we see it happening all the time – but
it doesn’t explain how ideas actually spread。

  The supposed importance of influentials derives from a
plausible-sounding but largely untested theory called the “two-step flow
of communication”: Information flows from the media to the influentials
and from them to everyone else. Marketers have embraced the two-step
flow because it suggests that if they can just find and influence the
influentials, those select people will do most of the work for them. The
theory also seems to explain the sudden and unexpected popularity of
certain looks, brands, or neighborhoods. In many such cases, a cursory
search for causes finds that some small group of people was wearing,
promoting, or developing whatever it is before anyone else paid
attention. Anecdotal evidence of this kind fits nicely with the idea
that only certain special people can drive trends。

  In recent work, however, my colleague Peter Dodds and I have found
that influentials have far less impact on social epidemics than is
generally supposed. In fact, they don’t seem to be required at all。

  Our argument stems from a simple observation about social influence:
With the exception of celebrities like Oprah Winfrey – whose outsize
presence is primarily a function of media, not interpersonal, influence
– even the most influential members of a population simply don’t
interact with that many others. Yet it is precisely these noncelebrity
influentials who, according to the two-step-flow theory, are supposed to
drive social epidemics, by influencing their friends and colleagues
directly. For a social epidemic to occur, however, each person so
affected must then influence his or her own acquaintances, who must in
turn influence theirs, and so on; and just how many others pay attention
to each of these people has little to do with the initial influential.
If people in the network just two degrees removed from the initial
influential prove resistant, for example, the cascade of change won’t
propagate very far or affect many people。

  Building on this basic truth about interpersonal influence, Dodds
and I studied the dynamics of social contagion by conducting thousands
of computer simulations of populations, manipulating a number of
variables relating to people’s ability to influence others and their
tendency to be influenced. Our work shows that the principal requirement
for what we call “global cascades”– the widespread propagation of
influence through networks – is the presence not of a few influentials
but, rather, of a critical mass of easily influenced people, each of
whom adopts, say, a look or a brand after being exposed to a single
adopting neighbor. Regardless of how influential an individual is
locally, he or she can exert global influence only if this critical mass
is available to propagate a chain reaction。

  31.By citing the book The Tipping Point, the author intends to

  [A]analyze the consequences of social epidemics

  [B]discuss influentials’ function in spreading ideas

  [C]exemplify people’s intuitive response to social epidemics

  [D]describe the essential characteristics of influentials。

  32.The author suggests that the “two-step-flow theory”

  [A]serves as a solution to marketing problems

  [B]has helped explain certain prent trends

  [C]has won support from influentials

  [D]requires solid evidence for its validity

  33.what the researchers have observed recently shows that

  [A] the power of  influential goes with social interactions

  [B] interpersonal links can be enhanced through the media

  [C] influentials have more channels to reach the public

  [D] most celebrities enjoy wide media attention

  34.The underlined phrase “these people”in paragraph 4 refers to the
ones who

  [A] stay outside the network of social influence

  [B] have little contact with the source of influence

  [C] are influenced and then influence others

  [D] are influenced by the initial influential

  35.what is the essential element in the dynamics of social
influence?

  [A]The eagerness to be accepted

  [B]The impulse to influence others

  [C]The readiness to be influenced

  [D]亚洲城ca88com,The inclination to rely on others

  Text 3 参考答案 31-35题 BDACC

  text 4

  Banks and mark-to-market accounting

  The Economist

  April 8th, 2009

  36. Bankers complained that they were forced to

  [A] follow unfavorable asset uation rules

  [B]collect payments from third parties

  [C]cooperate with the price managers

  [D]reuate some of their assets。

  37.According to the author , the rule changes of the FASB may result
in

  [A]the diminishing role of management

  [B]the revival of the banking system

  [C]the banks’long-term asset losses

  [D]the weakening of its independence

  38.According to Paragraph 4, McCreevy objects to the IASB’s attempt
to

  [亚州城娱乐官网手机版,A]keep away from political influences。

  [B]evade the pressure from their peers。

  [C]act on their own in rule-setting。

  [D]take gradual measures in reform。

  39.The author thinks the banks were “on the wrong planet ”in that
they

  [A]misinterpreted market price indicators

  [www.ca888.com,B]exaggerated the real value of their assets

  [C]neglected the likely existence of bad debts。

  [D]denied booking losses in their sale of assets。

  40.The author’s attitude towards standard-setters is one of

  [A]satisfaction。

  [B]skepticism。

  [C]objectiveness

  [D]sympathy

  Text 4 参考答案36-40题 ADCBD

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