#6 - Must Be True

[danielle23]

Hello,

I don't understand why the answer is E and not D.

My thought process came from the very last sentence in the passage. Answer choice B states that claim directly.

Just want to figure out what went wrong for me.

Thanks so much,

Danielle

[AthenaDalton]

Thanks for your question!

Answer choice (D) is incorrect since it states that employers are not restricted in the tactics they can use to secure protected information from new employees. In fact, we know from the passage that old employers can secure an injunction which prevents the new employee from sharing information with her new employer (and also prevents the new employer from soliciting this protected information from the employee).

Answer choice (E) is supported by the line of the passage that says "there is the further problem of distinguishing trade secrets from what may be . . technological skills developed independently . . . or already possessed by the new employer." Further support for (E) comes from the phrase "the proprietor has no recourse against others who independently generate the same information." All of this points to the conclusion that what looks like intellectual theft can sometimes just be independent innovation that coincidentally reaches the same conclusion.

Answer choice (B) is a close call, but it stretches the author's argument a bit too far. The author says that it's "unlikely that an injunction . . . actually prevents any transfer of information except for" documents, etc. By contrast answer choice (B) goes further in saying that trade secret protections are unnecessary except for documents, etc.

I hope this makes sense. Good luck studying!

[danielle23]

Thank you so much!

[brcibake]

I was trying to decide between B and E but ended up choosing B. I see how they are both correct. For answer B, does the author not discuss similar wording in the last sentence of the passage?
Thank you

[Eric Ockert]

Ultimately, answer choice (B) uses far more exaggerated language than answer choice (E) and this would be the deciding factor. There is certainly enough in the wording of the passage to support the claim in answer choice (E) that what may seem like intellectual theft may in fact be an example of independent innovation.

But while answer choice (B) does sound very similar to the last sentence of the passage, it probably goes too far by saying that these measures are unncecssary. The passage basically tells you these measures are unlikely to be successful. That comes short of saying they aren't necessary.

Hope that helps!