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 James Finch
PowerScore Staff
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#73859
Complete Question Explanation

The correct answer choice is (D).

Another Concept Reference question that follows on from the last one, now asking for the purpose of the concept being introduced. Correctly identifying the analogy and the role it played in answering the last question will enable this question to be answered correctly as well. The discussion of answering machines served the purpose, by analogy, of illustrating that the intentional distribution of information should be the determining principle behind copyright of third-party uploads to websites, just as it would be for answering machine messages. With this Prephrase, we can look at the answer choices:

Answer choice (A): While there is certainly a comparison, as all analogies require, there is no contrast drawn. Instead the author presents the two situation as being identical for the purposes of copyright law.

Answer choice (B): Do not fooled by the correct use of "analogy" in this answer choice; the purpose of the discussion of answering machines is not to illustrate both sides' positions, but rather to provide evidence for the author's position. There is no second side present in the discussion.

Answer choice (C): This answer choice requires a bit more thought. While the answer machine example does imply that these issues of copyright existed before the internet, this is not the purpose for the example being given. Instead the purpose is to illustrate a principle that should guide the way courts look at copyright of

Answer choice (D): This is the correct answer choice. As noted above, the purpose of the original analogy was to illustrate the fundamental principle the author wishes to see adopted by courts to guide them in copyright cases. This answer choice accurately describes that principle, making it correct.

Answer choice (E): The author doesn't make any comment on any issues about telephone other than to show how a principle of intent to distribute underlies the way we look at their copyright, and hopes to see that principle applied to website uploads as well. The author's intent is not to provoke a discussion of copyright issues around answering machine messages, but rather to provide a solution to issues surrounding website uploads.
 sanderina
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#32756
I chose B for the answer and don't know why this is wrong. To me, I think the author use telephone answering machine as an analogy for audience to better understand the copyright debate. That's why I chose B. Can someone please explain to me? Thx

-Sandy
 Adam Tyson
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#32766
You're absolutely right that it's a helpful analogy, Sandy, but does that analogy illustrate both positions taken up in the debate, as answer B says? I'd argue that it only illustrates one side of the debate, the side that says a link is not a distribution for copyright purposes. Do you see it illustrating the opposing side, the side that says a link is a copyright violation, as well?

Be sure to read the entire answer choice before selecting it, and make sure the complete answer is what you need. B starts off great, but ends badly, and it's there to trap the unwary test taker who fails to consider the answer as a whole. Since the analogy illustrates just one side of the debate, D is the best answer here.

I hope that helped!
 sanderina
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#33133
Hi Adam,

Thank you for the response. It makes perfect sense.

I posted the question after I took the diagnostic test and reviewed the answer. Now after reading your response and couple days of reading Bibles, when I look back to the same questions, I can clearly see why my answer was wrong and what the correct answer should be.

Hope you are having a nice trip ^_^

-Sandy
 Khodi7531
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#45532
I was between B and D on this one, and kind of knew that B was going to be the trap. I knew it would be throwing in "analogy" in there so anyone who prephrased that can salivate and chose it quickly.

However, I thought B did address both sides and thats why I chose it. I know it uses the analogy to conclude that one sides argument is ill-advised, but I thought it to give both scenarios of what A is to think and what B is to think. When I read over B, it gets me a little confused now, because the analogy doesn't illustrate either of the sides - as in, I don't think it shows either of their two sides. It merely uses the analogy to put into perspective for the reader, in order to follow how it would arrive to the authors conclusion.
 Malila Robinson
PowerScore Staff
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#45573
Hi Khodi,
The Author's conclusion is one side of the debate; the side that would say that the link is not distribution under copyright law. The analogy is used to clarify and support this view. The other side of the argument is not represented.
Hope that helps,
-Malila

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