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Consider the following (legal question)
Posted: Mon Aug 08, 2011 6:55 pm
by luckdragon
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?
Re: Consider the following (legal question)
Posted: Mon Aug 08, 2011 7:10 pm
by Emma.
What is this I don't even
Re: Consider the following (legal question)
Posted: Tue Aug 09, 2011 4:31 pm
by NotMyRealName09
42
Re: Consider the following (legal question)
Posted: Tue Aug 09, 2011 4:59 pm
by vanwinkle
What class is this for?
Re: Consider the following (legal question)
Posted: Tue Aug 09, 2011 5:10 pm
by Cupidity
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.