Reading ComprehensionDifficulty: Hard

PT123 S4 P3 Q21 Explanation

Web Intellectual Property

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsLocal PurposeLaw

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Passage

The World Wide Web, a network of electronically produced and interconnected (or “linked”) sites, called pages, that are accessible via personal computer, raises legal issues about the rights of owners of intellectual property, notably those who create documents for inclusion on Web pages. Some of these owners of intellectual property claim that reduced, the Web cannot live up to its potential as an open, interactive medium of communication.

The debate arises from the Web’s ability to link one document to another. Links between sites are analogous to the inclusion in a printed text of references to other works, but with one difference: the cited document is instantly retrievable by a user who activates the link. This immediate accessibility creates a creator of another Web page, creates a link to A’s document, is B committing copyright infringement?

To answer this question, it must first be determined who controls distribution of a document on the Web. When A places a document on a Web page, this is comparable to recording an outgoing message on one’s telephone answering machine for others to hear. When B creates a link to A’s document, the development of the Web as a public forum dedicated to the free exchange of ideas.

What this question is testing

Local Purpose

Your task

Identify why the author included the referenced detail at that point in the passage — its function, not its content.

Common trap

Answers that merely repeat or summarize the topic of the detail instead of describing the role it plays.

Winning move

Ask what job the detail does for the paragraph, then for the passage's broader point.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
21.

The author’s discussion of telephone answering machines serves

Answer choices

  1. Out of Scope: telephone legal problems3% picked this

    compare and contrast the legal problems created by two different sorts

    The passage was never discussing legal problems relating to telephones.

  2. Contradicted: each of two sides27% picked this

    provide an analogy to illustrate the positions taken by each of the two sides in

    The author provides this analogy to support one side of the debate, the side that thinks it's fine for B to create a link to A's document. It shows that A controls access to the document just as the person who records an answering machine greeting controls access to the greeting. "Therefore, even if B leads others to the document, it is A who actually controls access to it. Hence creating a link to a document is not the same as making or distributing a copy of that document."

  3. Out of Scope: telephone legal problems4% picked this

    show that the legal problems produced by new communication technology are

    This answer implies that the telephone answering machine was brought up to connect the legal problem being discussed with internet pages to a preexisting legal problem produced by phones. But the passage was never discussing legal problems relating to telephones.

  4. Correct65% picked this

    illustrate the basic principle the author believes should help determine the outcome of

    Why this is right

    This answer reinforces the surrounding claims. Right before the author brings up telephone answering machines, she says, "To answer this question, it must first be determined who controls distribution" = the author thinks that answering this question will help determine the outcome of the copyright debate. In the sentences after the telephone answering machine is discussed, we get, "Anyone who calls can listen to the message; that is its purpose. While B's link may facilitate access to A's document, the crucial point is that A, simply by placing that document on the Web, is thereby offering it for distribution." = The author thinks that the basic principle is that guiding someone to someone else's copyrighted property isn't infringement, as long as they still control access to it.

    Skill tested: Local Purpose · how this choice captures the passage's function is the move to repeat next time.

  5. Out of Scope: telephone infringement1% picked this

    show that telephone use also raises concerns about

    This is our 3rd trap answer that is trying to make students look within the detail about telephones rather than surrounding the detail about phones. The author was never suggesting there were any legal problems or potential copyright infringement when it comes to hearing people's answering machine messages.

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