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#36756
Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=14639)

Must Be True. The correct answer choice is (D)

The most ambiguous of the four policies is the resource-provider policy (from lines 43-45).

Answer choice (A): After reading this passage, one cannot determine who owns intellectual products
at commercial firms. But the question asks which institution’s ownership policy is most unclear to
its employees. Just because the ownership is uncertain to us does not mean that it is uncertain to the
employees. This answer choice cannot be supported by the passage.

Answer choice (B): Employees at a supramaximalist institution should have no uncertainty about
who owns their intellectual products. Supramaximalist universities claim ownership of all intellectual
products from their faculty activity, whether or not that activity involved university resources.

Answer choice (C): Faculty members at a maximalist university can determine quite clearly who owns
their intellectual products. If they were produced during the course of university employment or using
university resources, they belong to the university. If neither of those conditions occurred, the property
belongs to the faculty.

Answer choice (D): This is the correct answer choice. In order to determine ownership of intellectual
property at a resource-provider university, faculty must ask themselves if the property was developed
through the use of university time or facilities. If the answer is no, then the property belongs to the
faculty. However, if the answer is yes, the ownership remains uncertain. The faculty may retain
ownership in some cases, but the university will claim ownership if it determines that the use of
university resources was “significant.” This answer choice is correct because of the ambiguity in
determining “significant use.”

Answer choice (E): Faculty at faculty-oriented universities must answer two questions to determine
ownership of their intellectual products. First, is the product a public health development? If the answer
is yes, then it belongs to the university. If the answer is no, then they must ask if there was “previously
specified ‘substantial university involvement.’” Again, if the answer is yes, the product belongs to the
university, but if the answer is no, then the product belongs to the faculty.

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