Negligence Per Se. A North Carolina Department of Transportation regulation prohibits the placement of telephone booths within public rights-of-way. Despite this regulation, GTE South, Inc., placed a booth in the right-of-way near the intersection of Hillsborough and Sparger Roads in Durham County. A pedestrian, Laura Baldwin, was using the booth when an accident at the intersection caused a dump truck to cross the right-of-way and smash into the booth. To recover for her injuries, Baldwin filed a suit in a North Carolina state court against GTE and others. Was Baldwin within the class of persons protected by the regulation? If so, did GTE's placement of the booth constitute negligence per se? Explain.

Copyright Infringement. James Smith, the owner of Michigan Document Services, Inc. (MDS), a commercial copyshop, concluded that it was unnecessary to obtain the copyright owners' permission to reproduce copyrighted materials in coursepacks. Smith publicized his conclusion, claiming that professors would not have to worry about any delay in production at his shop. MDS then compiled, bound, and sold coursepacks to students at the University of Michigan without obtaining the permission of copyright owners. Princeton University Press and two other publishers filed a suit in a federal district court against MDS, alleging copyright infringement. MDS claimed that its coursepacks were covered under the fair use doctrine. Were they? Explain.