Please tell us which case of the hundreds in this FAQ is the one you are referring to. It's hard to argue the validity of your argument that unintentional copyright infringement is prosecutable without knowing the basis of your argument. While it is true that you can unintentionally infringe on copyright, there is also a "safe harbor" provision in the US Copyright act
that holds people harmless under certain conditions.
Please refer to the following site for information about why and how content providers are or are not liable for copyright infringement.
http://www.libertolaw.com/2-99.html
And yes this person is a lawyer as opposed to the EmuFAQ writer. Although the EmuFAQ writer makes a valid point that one must be careful in creating code, to use a clean-room setting and be able to prove it. Something very important to any work in FOSS. There how's that for bringing the subject on-topic?
Brian D.
--- djgoku wrote:
This case established two things. First, courts can find against a defendant in an intellectual property dispute whether or not the defendant is aware of such activity. Second, intellectual property protection extends to all copies of a given work regardless of how they are made or the media on which they are presented.
good read:
http://www.worldofspectrum.org/EmuFAQ2000/AppendixB.htm
Bunch of court case stuff.
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