On 12/13/2011 4:46 PM, Peter Wendorff wrote:
Even in law exists the distinction between crimes done willingly and those done unwillingly or without knowledge. You don't get necessarily out of the case without any harm if you didn't know or didn't want it, but often you have to do/pay/be imprisoned less than if you would have done that willingly.
We're not talking about crimes here, but about copyright status. An unknowing derivative work is still a derivative work. The penalties for profiting off such a work may be less if infringement is not intentional, but the status of the work does not change.
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