PT123.S4.P3.Q15

PrepTest 123 - Section 4 - Passage 3 - Question 15

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P1

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.

Intro topic · World Wide Web raises legal issues concerning inclusion of documents on web pages
Some of these owners of intellectual property claim that unless copyright law is strengthened, intellectual property on the Web will not be protected from copyright infringement. Web users, however, claim that if their ability to access information on Web pages is reduced, the Web cannot live up to its potential as an open, interactive medium of communication.

Debate · Intellectual property owners want stronger copyright law to protect stuff on Internet; web users want open medium of communication
P2

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.

Origin of debate · Linking documents on Internet
We can link documents on web pages, and clicking those links give immediate access to the document.
This immediate accessibility creates a problem, since current copyright laws give owners of intellectual property the right to sue a distributor of unauthorized copies of their material even if that distributor did not personally make the copies. If person A, the author of a document, puts the document on a Web page, and person B, the creator of another Web page, creates a link to A's document, is B committing copyright infringement?

Current copyright law · Gives right to sue distributor of unauthorized copies, even if distributor didn't make the copies himself
If B links to a document A puts on the Internet, is B violating copyright law?
P3

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, this is akin to B's giving out A's telephone number, thereby allowing third parties to hear the outgoing message for themselves. Anyone who calls can listen to the message; that is its purpose. While B's link may indeed 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. 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.

Argument against copyright violation · Person who links to document doesn't control access to the document and doesn't distribute it
The person who uploaded the document is the one offering it for distribution and controlling access to it. When B links to A's document, it's like B giving out A's phone number.
Moreover, techniques are already available by which A can restrict access to a document. For example, A may require a password to gain entry to A's Web page, just as a telephone owner can request an unlisted number and disclose it only to selected parties. Such a solution would compromise the openness of the Web somewhat, but not as much as the threat of copyright infringement litigation.
Sufficient protections · Document uploader can already restrict access
Changing copyright law to benefit owners of intellectual property is thus ill-advised because it would impede the development of the Web as a public forum dedicated to the free exchange of ideas.

Author's perspective · We shouldn't change copyright law, because it would impede free exchange of ideas on Internet
Passage Style
Critique or debate
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15.

Which one of the following most accurately expresses the main point of the passage?

a

Since distribution of a document placed on a Web page is controlled by the author of that page rather than by the person who creates a link to the page, creating such a link should not be considered copyright infringement.

This best captures the MP as described above. (A) is hard to pick, because it feels too narrow. Why, for example, does it mention the fact that a document on a Web page is controlled by the author of that page, but leave out any mention of the fact that there are other ways to restrict access to a document on the Web? Why does this leave out reference to the value of the Web as a public forum for the free exchange of ideas? Yes, perhaps (A) is not a perfect answer. But it’s the best of the 5 available.

32%
b

Changes in copyright law in response to the development of Web pages and links are ill-advised unless such changes amplify rather than restrict the free exchange of ideas necessary in a democracy.

The passage is focused on a particular issue – whether links to a document on a Web page constitute copyright infringement. The passage doesn’t address other potential changes on copyright law in response to the development of Web pages and links. So (B) is too broad.

23%
c

People who are concerned about the access others may have to the Web documents they create can easily prevent such access without inhibiting the rights of others to exchange ideas freely.

(C) is simply one supporting point presented in favor of why copyright law should not be changed to make linking to documents on a Web page infringement. So it’s not the best answer, compared to (A). Moreover, (C) is arguably unsupported when it asserts that people can restrict access “without inhibiting the rights of others” – the author notes that restricting access “would compromise the openness of the Web somewhat, but not as much as the threat of copyright infringement litigation.” This suggests restrictions do inhibit the rights of others, at least a little bit.

13%
d

Problems concerning intellectual property rights created by new forms of electronic media are not insuperably difficult to resolve if one applies basic commonsense principles to these problems.

The passage is focused on a particular issue – whether links to a document on a Web page constitute copyright infringement. The passage doesn’t address other problems concerning intellectual property rights and new forms of electronic media. So (D) is too broad.

4%
e

Maintaining a free exchange of ideas on the Web offers benefits that far outweigh those that might be gained by a small number of individuals if a radical alteration of copyright laws aimed at restricting the Web's growth were allowed.

(E) sounds like something the author might agree with, but she never argues for (E) in the passage. Notice that (E) refers to “copyright laws aimed at restricting the Web’s growth.” Although the author would probably think that changing law to make links to documents on Web pages illegal would have the effect of restricting the Web’s growth, at no point does the author suggest that these laws are “aimed at” (designed to, for the purpose of, with the intention of) restricting the “growth” of the Web. Those laws would be aimed at stopping what others think should be illegal; that doesn’t imply the laws are designed to stop the growth of the Web. (E) is tempting because it sounds like the statement at the very end of the passage, which seems like a great summing-up type statement of the author’s view. But (E) contains something that’s not supported, so it can’t be the best statement of the MP. Moreover, the change to copyright law referenced in the last sentence is about potentially changing copyright law to make linking to documents illegal. It doesn’t refer to other kinds of changes.

27%

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