#20 - Must Be True, Author's Perspective

[sharon1991]

I have a question regarding the correct answer (D) for #20. I selected answer (C) because I ruled all the others out. (D) seemed like the complete opposite of the answer necessary due to lines 45-53. Within those lines the author provides an example describing a scenario where the creator of the work is not the one who originally conceived the idea, and the author seems to disagree with this application of tangible object theory. So answer (D) which says that the author would agree with a theory that presupposes a work's creator would originally own the ideas of the work seems in direct contradiction with the example the author provides. Am I reading the stimulus incorrectly? I assumed the use of the word "creator" in (D) did not change from the use of the word within the example..

Thanks!

[nicholaspavic]

Hi Sharon,
Great question! In fact, Answer (D) is supported by the scenario of the dictating poet from lines 45-53. Immediately before the poet example, the author states that the the tangible-object theory fails to address certain types of copyrights and that "more importantly," it does not address situations where the idea-maker isn't the one who creates the object. The author suggests that a shortcoming of tangible-object theory is when the creator isn't given the copyright. From that criticism, we infer that the author believes an adequate theory would allow the idea-maker to own those ideas. This is reinforced by the declaration that the poet would have no claim for a copyright UNLESS the poet already owned the ideas. So, the author has said that the idea-maker is more important in certain situations. Therefore, the poet should own the ideas of the work.

Thanks for the great question!

[lp1997]

Hi,

I can see the support provided for choice D in lines 45-53 and selected that as the correct answer during my practice test. I was unsure of this answer, however, because in line 38 the author calls the supposition that one can own abstract, intangible things such as ideas "problematic." Upon rereading the passage, it seems clear to me that the author in line 38 is speaking on behalf of the proponents of the tangible-object theory, who regard the supposition that one can own ideas as "problematic."

Just as a sanity check, is there something else I'm missing here?

Thank you!

[Daniel Stern]

LP:

I find your analysis to be spot on: Line 38 is still part of that sentence that begins, "According to the proponents of tangible object theory..." so it is they who find the idea of ownership of ideas problematic."

Excellent job of tracking viewpoint in the passage, which LSAT loves to switch up quickly as a passage progresses to try to trip you up.

Best,
Dan

[lp1997]

Thank you! I appreciate the help.

[frk215]

Hello!

Can someone please explain specifically why the answer is not c? Is it because this isn't directly mentioned in the passage or is it the use of the word "generally"? I completely understand why the answer would be d, but verifying why the wrong answers are wrong would be immensely helpful. Thanks!

Best,
Khan

[Jeremy Press]

Hi Khan,

In inference questions, the word "generally" is definitely something to be suspicious of (because we don't usually have the quantitative proof that something happens more often than not), so nice job on calling that out! However, there's a more fundamental reason that answer choice C doesn't work here. The author never discusses "existing statutes," and doesn't even mention more broadly the notion of "existing law" (or what it entails) in the passage. Instead the argument is really only analyzing the merits and adequacy of a legal theory. The author never mentions whether that theory is actually being used in statutes, or by judges in individual cases, etc. So answer choice C is beyond the scope of the passage, and we can't infer anything about whether the author would believe it.

I hope this helps!

[kenlars5]

Hi,

Is E only wrong because it says “‘but incorrect’ to assume that such evanescent things.... can be copyrighted”? If it would have simply said that “It is common to assume that such evanescent things.... can be copyrighted” could it have been the right answer (under the hypothetical situation that D was not correct)?

I understand why D is correct, I’m just trying to also understand why the wrong answers are wrong and why they were tempting to me. I appreciate the help!

[Robert Carroll]

ken,

Definitely! The passage refers to the assumption in answer choice (E) as "standard," but never says it's wrong! I think that's the only problem with the answer.

Robert Carroll