QUESTION TEXT: Principle: Any person or business knowingly…
QUESTION TYPE: Principle – Application
PRINCIPLE: Knowingly aid infringement ➞ guilty of infringement
APPLICATION: Grandview Department store is guilty of infringement because their self-serve kiosk was used to violate copyright on photographs.
ANALYSIS: On principle/application questions, you usually know one thing. In this case, if someone knowingly aids infringement, they are also guilty of infringement.
That’s all you know. And the application didn’t mention knowingly aiding infringement. So to justify it, you need to find the answer that says the store knowingly aided.
Note that this is slightly different from most “principle/application” questions, in that it’s just asking for something that “most” justifies the application. So there’s some wiggle room, and the right answer doesn’t have to entirely justify the application.
___________
- This says nothing about knowing infringement.
- This gives an obligation to report. But to justify the application, we need to show knowing aid.
- Maybe the store already posted a notice – who knows? We need an answer that shows the store knowingly aided infringement.
- The store might already monitor – it’s hard to catch all infringement. We need an answer that says the store knowingly aided infringement.
- CORRECT. This suggests the store can be considered to have knowingly aided their customers’ infringement.
You might have said “but this answer doesn’t say the store should have expected a self serve kiosk could be used for copyright infringement”.
1. This is just a “most helps to justify” question. Wiggle room is allowed.
2. C’mon, it’s a self-serve kiosk. Literally everyone would agree it could easily be used for infringement, so that’s an assumption you can and must make when evaluating this answer.
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