PT123.S4.P3.Q21

PrepTest 123 - Section 4 - Passage 3 - Question 21

Hide analysis
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
Show answer
21.

The author's discussion of telephone answering machines serves primarily to

a

compare and contrast the legal problems created by two different sorts of electronic media

The purpose is not to compare and contrast legal problems of answering machines and the Web. We don’t even get a discussion of various legal problems related to answering machines.

2%
b

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

Tempting because of the word “analogy,” but you can’t pick (B) just based on that word alone. It’s wrong because the analogy isn’t designed to illustrate each side of the debate. The analogy doesn’t actually illustrate what intellectual property owners argue. The analogy is designed to advance the author’s own position.

31%
c

show that the legal problems produced by new communication technology are not themselves new

The purpose is not to show that the legal problems of the Web are not new. The purpose relates to giving a better understanding of the issue of links to documents on the Web and advancing the author’s own position.

3%
d

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

This isn’t a perfect match to what we anticipated, but it’s the best answer. The analogy to answering machines helps illustrate the principle the author believes should determine whether links are copyright infringement. That principle concerns who controls distribution. With answering machines, the person recording the message controls distribution; with links the person who uploads the document on the Web controls distribution.

63%
e

show that telephone use also raises concerns about copyright infringement

The purpose isn’t to show that telephone use also raises copyright infringement concerns. The purpose and focus is on links on the Web; answer machines are brought up because they help make a point about links on the Web.

1%

Answer five questions and we'll estimate your score.

It takes about five minutes.

Take the free diagnostic

Confirm action

Are you sure?