PrepTest 144, Section 2, Question 14
Principle: Any person or business knowingly aiding someone's(47 more words not shown)
Which one of the following,(11 more words not shown)
- AThe operator of(22 more words not shown)
- BThe management of(24 more words not shown)
- CThe owner of(27 more words not shown)
- DOwners of self-service(19 more words not shown)
- EA person or(28 more words not shown)
Reading the argument
Did the store know it was helping someone infringe a copyright?
That's what the principle requires. Knowingly helping someone commit copyright infringement makes the helper guilty too. The application tells us that the customer infringed the photographer's copyright using the store's kiosk. But providing the machine isn't yet the same as knowingly helping with that infringement.
What we’re looking for
Perhaps the store had no idea what the customer was printing or whether permission had been obtained. We need a connection between providing this service and the knowledge required by the rule. For the justification question, look for something that lets us count the store's assistance as knowing assistance.
Working the answers
- A
Equal obligations to self-service and full-service customers don't tell us what those obligations are or whether the store knowingly assisted this infringement. The missing requirement concerns the store's knowledge, not whether two types of service come with the same duties.
- B
A duty to report illegal activity that management witnesses doesn't establish that management witnessed this customer's infringement. Nor does it turn every use of the kiosk into knowing assistance. We need to connect this store to the condition in the stated principle.
- C
A notice could advise customers about copyright permission without telling the store whether a particular customer has permission. And saying the owner should post a notice doesn't establish what the owner actually knows. C leaves the crucial gap open.
- D
Being obligated to monitor a facility doesn't mean the owner actually monitored it or knew about this infringement. The customer did infringe a copyright according to the passage. The unanswered question is whether the store's role meets the rule for knowing assistance.
- ECorrect
This provides a rule for treating assistance as knowing: if a service can be expected to be used for copyright infringement, its provider should be considered to knowingly aid infringers who use it. A photo-printing kiosk can be used to copy copyrighted photographs, as happened here. E therefore helps place the store within the principle's condition. It doesn't give us evidence about what an employee actually saw; it tells us how to classify the store's assistance.
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