Logical Reasoning

PT144 · S2 · Q14 Principle: Any person or business

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Principle: Any person or business knowingly aiding someone's infringement on a copyright is also guilty of copyright infringement.

Principle

If you knowingly aid then you are also someone's infringement → guilty of copyright on copyright infringement

Conclusion

Grandview is guilty of copyright infringement

Evidence

A customer used the kiosk to infringe on the copyright of a wedding photographer.

Evaluate

On Strengthen Application-of-Principle, the conclusion of the application always matches the right side of the principle. But the evidence always fails to fully establish the left side of the principle.

In order to trigger this principle and use it to derive that GDS is guilty of copyright infringement, we need to know that GDS was knowingly aiding someone's infringement on a copyright.

All we know is that some customer used a (self-service) kiosk to infringe on a copyright.

Goal

Let's look for an answer that establishes that GDS was knowingly aiding someone's infringement on a copyright. Maybe they helped the customer use that kiosk and saw that they were infringing on a wedding photographer's copyright.

Maybe they know that people use that machine all the time to copy copyrighted material without permission.

However the answer does it, it needs to establish that GDS "knowingly aided someone's infringement".

14.

Which one of the following, if assumed, most helps to justify the application of the principle?

  1. The operator of a business

    Unrelated to Goal

    We need our answer to establish that GDS "knowingly aided someone's infringement". This answer doesn't have any language like "knowingly aided".

    6% picked this

  2. The management of a business

    Unrelated to Goal

    We need our answer to establish that GDS "knowingly aided someone's infringement". This answer doesn't have any language like "knowingly aided".

    1% picked this

  3. The owner of a self-service

    Unrelated to Goal

    We need our answer to establish that GDS "knowingly aided someone's infringement". This answer doesn't have any language like "knowingly aided".

    3% picked this

  4. Owners of self-service facilities should

    Unrelated to Goal

    We need our answer to establish that GDS "knowingly aided someone's infringement". This answer doesn't have any language like "knowingly aided".

    5% picked this

  5. Correct

    A person or business providing

    Why this is right

    Well this was easier than one might expect. This is the only answer that has the missing trigger language from the principle. It's not a perfect answer, but it's the best available when none of the other ones did anything related to our task. This rule says: if person/business provides then they should a service that can be ? be considered to expected to be used to knowingly aid any infringe on a copyright infringer using it Can we say, when it comes to a "self-service photo-printing kiosk", that a person or business can expect that service to be used to infringe on a copyright? I mean ... the information we were given didn't establish that. But, yes, it's a fairly reasonable thing in the real-world to think, "If I give people the ability to make photo-quality prints, are some people going to use it to infringe on copyrights? Probably." If this rule applies to GDS's self-serve photo kiosk, then it establishes that they knowingly aided the customer who infringed on a copyright, which means we can apply the Principle and derive that they are also guilty of copyright infringement. It's pretty shocking that LSAC would ask us to pick an answer like this, where the trigger is only applicable if we make a somewhat tenuous real-world judgment on the matter. But since the other four are structurally useless to us, it's hard to resist the idea that this is the best available answer.

    Skill tested: Principle-Strengthen · how this choice captures the argument's function is the move to repeat next time.

    85% picked this

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