Courts often use ambiguous language when crafting definitions. Case 6-2 gives us an opportunity to take a look at ambiguous language. It also presents a good reminder of the importance of a particular...

Courts often use ambiguous language when crafting definitions. Case 6-2 gives us an opportunity to take a look at ambiguous language. It also presents a good reminder of the importance of a particular set of facts in determining the outcome of a case.

1. Identify one ambiguous word or phrase in the court’s decision in Case 6-2, and show how that ambiguity affects your willingness to accept the court’s conclusion. Clue: Consider Napster’s main defense.

2. If you could change one fact in Case 6-2 to make it less likely that the judge would rule against Napster, which fact would you change? Clue: Look at how the district court responds to reports from experts.