Answer:
1. Is Thomas-Rasset liable for copyright infringement? Yes he is liable for copyright infringement. What action did Thomas-Rasset have to take in order to share twenty-four copyrighted songs available for distribution on KaZaA?
-shared her downloaded music files using kazaa
2.Is file sharing always prohibited?NO
3. File sharing is prohibited _____.
when it is used to download and store ---copyrighted music
4. Did Jammie share copyrighted music?YES
5.Sharing copyrighted music constitutes infringement under the
- copyright act
6. Can Thomas-Rasset remedy her wrongful conduct by replacing her hard drive?NO
7.Why or why not? The illegal file sharing WAS already done.
8.Who is an innocent infringer? A person who IS NOT aware and had no reason to believe that his or her acts constituted copyright infringement.
9. Was Thomas-Rasset an innocent infringer? NO
10. Why? She had written a case study on Napster and knew file sharing was WRONG.
11.Did Thomas-Rasset help her case by replacing her hard drive to conceal her acts?B. NO
12. Was Thomas-Rasset’s act of replacing her hard drive ethical?NO
13. The civil remedies of A. INJUCTION and B. DAMAGES are available to the owners of the copyrighted songs.
14. Would a court likely find Thomas-Rasset reliable for copyright infringement? YES
15. WHAT IF THE FACTS WERE DIFFERENT?What if Thomas-Rasset had not shared files, but rather used digital samplings in her college project presentation? Would that have possibly changed the result?YES
16. Why?A.Some courts have not found digital sampling illegal. B. Thomas-Rasset's use was fair use for educational purposes.
