Consider the following (legal question)

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luckdragon

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Consider the following (legal question)

Postby luckdragon » Mon Aug 08, 2011 6:55 pm

Steve is an associate for Firm A. Steve is asked to write a short blurb that Firm A can use on its website to advertise its expertise in Space Law. Steve copies the blurb from Firm B, a competitor's, website. The plagiarized blurb is later posted.

Firm B brings suit against Firm A and Steve. Steve settles with Firm B.

Did Firm A intentionally infringe on Firm B's copyright in Firm B's suit against A? or is it negligent?

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Emma.

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Re: Consider the following (legal question)

Postby Emma. » Mon Aug 08, 2011 7:10 pm

What is this I don't even

NotMyRealName09

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Re: Consider the following (legal question)

Postby NotMyRealName09 » Tue Aug 09, 2011 4:31 pm

42

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vanwinkle

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Re: Consider the following (legal question)

Postby vanwinkle » Tue Aug 09, 2011 4:59 pm

What class is this for?

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Cupidity

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Re: Consider the following (legal question)

Postby Cupidity » Tue Aug 09, 2011 5:10 pm

It seems like you've got the question framed a bit akwardly. My initial thought is this, under respondeat, employers aren't liable for the intentional torts of their employees. It would seem to make sense if the question was framed, "Is Firm A liable for B's infringement if it was either negligent or intentional." Asking whether Firm A's infringement is intentional is like asking, "was he driving over the speed limit," it is a question of fact, a jury question, not a legal inference. That's why I think you, or hell, your professor, might be framing it incorrectly.



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