can you take something unknowingly? (was Re: IP, forwarded

[Jim Choate]

On Wed, 10 Jan 2001, David Honig wrote:

> >On Wed, Jan 10, 2001 at 12:22:10PM -0600, Jim Choate wrote:
> >> You are if you take it knowingly (can you take something unknowingly?) and
> >> especially if with the intent to defraud the copyright holder of their
> >> rights.
> 
> Interestingly, copyright and patent differ on 'unknowingly taking'.
> If (as was recently mentioned) someone dupes some content and gives
> you a copy, you are not responsible -the copier was violating copyright,
> not you.  The copier could 'unknowingly take' by simply mistaking the
> content for public domain.

Yes, you are responsible. Being in possession of a illegaly copied movie,
software, .mp3, CD, book, etc. is in fact a crime.

Copyright is the default, not public domain. So you're saying that if
somebody takes something with intent to steal (even though) it isn't
really stealable then they aren't guilty?

I suspect a jury will not accept the 'I thought it was free' defence.
 
> But patents are different.  If sell you a chip, and you build a board with
> it, and Joe build a system with your board, and that chip turns out to be
> infringing a patent, my chip, your board, Joe's system, everything that
> uses the infringing work is legal toast.  (And could be stopped at the
> border if imported, which happened to an American FPGA vendor who uses
> TSMC.) This is a major practical problem e.g., in the selling of 'cores'.

How is this different, it's still possession (or use) of property
illegaly. Simple ignorance isn't a defence.

> So anyway, its definately possible to 'unknowingly take' IP.

No it isn't. You either develop it independently or you don't. You can
however take it without malice, which is what you're talking about.
Not the same thing at all.

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