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The reading in Issues in the internet law; society, technology and law book, indicates that where an infringing work contains both copyrighted and non-copyrighted material:

The reading in Issues in the internet law; society, technology and law book, indicates that where an infringing work contains both copyrighted and non-copyrighted material: 1) Courts attempt to apportion any profits made. 2) Liability only exists for copyrighted parts. 3) Infringer may have to disgorge all profits. 4) Non-copyrighted parts are not considered

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