On 6/4/07, Ray Saintonge <saintonge(a)telus.net> wrote:
How can you possibly have knowledge of infringing activity when you
don't know that the material is infringing? The former is necessarily a
precondition of the latter. I can easily admit that many of the terms
are poorly defined, but in poorly defined laws the benefit of the doubt
should go to the defendant.
When I trespass on someone else's property, I may not know who it belongs to
or that I am trespassing - but it doesn't change the fact that I am aware of
my activity in walking on to that land. Knowledge of the infringing activity
does not imply knowledge that the activity constitutes infringement; I
believe the legal doctrine concerned is known as [[strict liability]].
Johnleemk