PrepTest 157
[lcid:3727] Prep Test 157 LSAT — Reading Comp — S4
Reading comp
Passage
This passage was adapted from an article published in 1991. Because it is relatively easy and inexpensive to produce copycat
Remaining source text redacted.
Passage walkthrough
Passage Summary Topic:
Legal
Paragraph 1
Modifying existing copyright law to cover computer software coding, rather than extending patent protection to computer software’s algorithms, is sufficient to protect the financial incentive to develop innovative software.
Key Lines?
Paragraph 1, Sentences 2-3 (P1, S2-S3) - Problem defined
P1, S4 - Debate between copyright and patent proponents
P2, S3 - Patent propopents' view
P2, S7 - Author's rebuttal of patent proponents
P3, S5 - Author's conclusion
Meta-Structure?
Resolving a Debate: There's clearly a debate in this passage. On one side, most legal commenters want to protect computer software innovation with copyright law. On the other, some commenters wish to supplement copyright protection by extending patent law to software. A passage featuring a debate could either utilize a Describe a Debate or a Resolve a Debate Meta-Structure — it all depends on whether the author is passive or active in the passage. A passive author will generally describe the debate without taking a side or attempting to reconcile the two sides. An active author will argue that one side is preferable or that both sides can get along. This author clearly takes a side. The author rebuts the patent proponents' view in the last sentence of the second paragraph and asserts that copyright law is enough to protect patent protection in the third paragraph. So this passage is best understood as a Resolve a Debate passage. Accordingly, the main point will be how the author resolves the debate: by asserting that modifications to copyright law are enough to preserve software innovation — that patent protection isn't necessary.
(We could also classify this as a Problem/Solution passage. However, copyright and patent protection were introduced in the context of a debate between two legal commentators (P1, S4). Additionally, the author spends far more time responding to the patent fans' views than proposing a solution to how copyright law can be modified. So, we think this passage is better understood as a Resolve a Debate passage.)
Last Thoughts?
Like the third passage of this section, this one also describes a debate. As was the case for the third passage, it's advisable to jot down or memorize some basic facts about each side of the central debate. So let's try to remember the following: copyright law protects the way ideas are expressed, while patent law protects the ideas as long as they are a product of the invention. Remembering those basic facts will help us avoid having to fish for the correct answer in the passage.
Legal
Paragraph 1
- Paragraph note
- Problem (computer software easy to replicate), debate over solution (copyright vs. patent)
- Views, minor Meta-Structures, and the author's attitude
- Cause-and-effect relationship: Ease of replicating software and lack of legal protection causes lack of financial incentive to produce computer software (second and third sentences)
- Paragraph note
- Background on computer software/algorithms, proponents of patents, author's view on patents
- Views, minor Meta-Structures, and the author's attitude
- Comparison: Distinction between "product of invention" and "law of nature"/"logical axiom" (fifth sentence)
- of patentable process: innovative way to induce chemical reaction (fourth sentence)
- of product of invention: innovative windmill design (sixth sentence)
- of law of nature: wind can produce energy (sixth sentence)
- Author's attitude: "software algorithms ... should not be considered patentable" (last sentence)
- Paragraph note
- Author's conclusion: Copyright enough to protect software
- Views, minor Meta-Structures, and the author's attitude
- Comparison: copyright for execution (similar to software) and patent for underlying invention (third and fourth sentences)
- Author's attitude: "no compelling justification" (first sentence), "more appropriately" (second sentence), "more effectively afforded" (last sentence)
Modifying existing copyright law to cover computer software coding, rather than extending patent protection to computer software’s algorithms, is sufficient to protect the financial incentive to develop innovative software.
Key Lines?
Paragraph 1, Sentences 2-3 (P1, S2-S3) - Problem defined
P1, S4 - Debate between copyright and patent proponents
P2, S3 - Patent propopents' view
P2, S7 - Author's rebuttal of patent proponents
P3, S5 - Author's conclusion
Meta-Structure?
Resolving a Debate: There's clearly a debate in this passage. On one side, most legal commenters want to protect computer software innovation with copyright law. On the other, some commenters wish to supplement copyright protection by extending patent law to software. A passage featuring a debate could either utilize a Describe a Debate or a Resolve a Debate Meta-Structure — it all depends on whether the author is passive or active in the passage. A passive author will generally describe the debate without taking a side or attempting to reconcile the two sides. An active author will argue that one side is preferable or that both sides can get along. This author clearly takes a side. The author rebuts the patent proponents' view in the last sentence of the second paragraph and asserts that copyright law is enough to protect patent protection in the third paragraph. So this passage is best understood as a Resolve a Debate passage. Accordingly, the main point will be how the author resolves the debate: by asserting that modifications to copyright law are enough to preserve software innovation — that patent protection isn't necessary.
(We could also classify this as a Problem/Solution passage. However, copyright and patent protection were introduced in the context of a debate between two legal commentators (P1, S4). Additionally, the author spends far more time responding to the patent fans' views than proposing a solution to how copyright law can be modified. So, we think this passage is better understood as a Resolve a Debate passage.)
Last Thoughts?
Like the third passage of this section, this one also describes a debate. As was the case for the third passage, it's advisable to jot down or memorize some basic facts about each side of the central debate. So let's try to remember the following: copyright law protects the way ideas are expressed, while patent law protects the ideas as long as they are a product of the invention. Remembering those basic facts will help us avoid having to fish for the correct answer in the passage.
Question prompt
On the basis of
Remaining source text redacted.
Why the credited answer is right
Credited answer: A
The notes below walk through why it fits the stem and how to eliminate the rest.
Question Type
Legal
Answer choices
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AAn algorithm is analogous Remaining source text redacted.
Why choice A matches the stem
Question Type:
Tone/Author Agree
Strategy Overview:
Review the main point, and use notes or highlighted/underlined text in the passage to recall the author's attitude, and find the answer that best reflects your understanding of the main point/author's attitude
Answer Anticipation:
This question asks us about the author's view, but doesn't provide any insight into the topic of the correct answer or where the supporting information might show up in the passage. This means the correct answer is likely to relate back to the author's main point. As such, we'll need to rely on our big-picture understanding of the passage to answer this question. We should start by reminding ourselves of the main point (either by reviewing what we said after reading the passage or by rereading our answer to the main point question). We can also review any notes about the author's attitude or any text we highlighted because it expressed the author's opinion. After doing that, we can head to the answers, deferring on those that don't line up with the main point. For those that do, we'll use our notes and the passage to see if it's correct.
Answer Choice Explanation:
This doesn't conflict with the author's main point. Remember, the author thinks that patent protection should not cover computers' software or constituent algorithms. And, whether we can recall the following fact on our own or need to consult our notes or the passage, we can recall that patents do not protect laws of nature or logical axioms (P2, S5). So, there's reason to believe that the author thinks that algorithms are similar to laws of nature and logical axioms. An efficient test-taker may note that this answer choice was consistent with the author's main point and is probably correct. Then, they'd look to see if they could eliminate the remaining answer choices without reviewing the passage before returning and selecting this answer choice.
If they weren't able to eliminate the remaining choices, they could return to the passage and find the reference to laws of nature and logical axioms in the third paragraph. They'd see that the text supports the inference that the author believes algorithms are similar to laws of nature and logical axioms. They'd notice how the author says, after claiming that patents do not protect laws of nature and logical axioms, that patents shouldn't protect algorithms "[o]n similar grounds" (P2, S7). There, the author draws a line connecting algorithms to laws of nature and logical axioms, making this the correct answer.
Key Takeaway:
Many test-takers have an urge to look back at the passage on questions that appear to ask about more minor details. Acting on this urge can prevent these test-takers from reliably finishing Reading Comprehension sections within the allotted time. Fight this urge and let your understanding of the main point and your memory of the passage guide your decision-making. Even if you don't have a strong recollection of the passage's details, it's possible to do most detail-oriented questions without looking back to the passage. -
BThe discovery of an Remaining source text redacted.
Why choice B is not credited
This conflicts with the author's main point. Remember, the author does not think that patent protection should cover computers' software or constituent algorithms. We should also recall that patents cover "genuine inventive efforts." So the author almost certainly disagrees with this sentiment, and it should be eliminated without consulting the passage. -
CSequences of computer code Remaining source text redacted.
Why choice C is not credited
Do you remember reading anything about copyright requiring algorithms to be "previously unused"? Probably not. A risk-averse test-taker might defer on this answer choice. On the other hand, a more risk-accepting test-taker would take that as a sign that this topic was not discussed in the passage, so we cannot say whether the author agrees with it. And if you did eventually review the passage, you wouldn't find any references to "previously unused algorithms." -
DProponents of software patents Remaining source text redacted.
Why choice D is not credited
This conflicts with the main point. The author didn't think patent proponents underestimated the risk of copycat programming or that patent protection was inadequate to deter copycat programming. The author acknowledges that patent and copyright proponents seek to protect software innovators from copycat programmers (P1, S4). The author's main point was that patent protection is unnecessary to accomplish this goal. So the author almost certainly disagrees with this sentiment, and it should be eliminated without consulting the passage. -
EThe encoding of algorithms Remaining source text redacted.
Why choice E is not credited
Do you recall reading about "literary works"? Probably not. If you don't remember reading about a detail, simply defer and move on to the next answer choice. A risk-averse test-taker might defer on this answer choice. On the other hand, a more risk-accepting test-taker would take that as a sign that this topic was not discussed in the passage, so we cannot say whether the author agrees with it. And if you did eventually review the passage, you wouldn't find any comparisons to literary works.
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