more on Hatch

[Craig White]

On Thu, 2003-06-19 at 20:28, R Melder at SPiN Internet Media wrote:
> No problem, my lawyer can use the work. I'd think he'd say that culpability
> lies with mens rea. 
> 
> In any event, it's doubtful Orin Hatch or any Senator would have a
> conception of stolen web site menus. Much less approve their use. 
> 
----
I knew that you would persist with this naivety.

Learn this concept - it might serve you well in the future...
ignorance of the law or the circumstances with which you acquire
property (whether tangible or intellectual) does not excuse you from
liability.

Consider these hypotheticals (since you seem to like them)

1 - I can buy a Casio EX-Z3 camera from various vendors on eBay 'Buy it
Now" for between $352 & $365 and the typical internet and local stores
all sell it for $399. If I buy it from say Kit's Camera, I am pretty
much assured that it is legal. If I buy it from some guy on the internet
(eBay), I don't know that it didn't fall off a truck, the lucky finder
sold it (and perhaps 99 others) on eBay and the police locate the
seller, trace the serial numbers and take the camera away from me that I
bought. My claim is with the seller but I am liable for the lost (or
stolen) camera. (PS - anyone own a Casio EX-Z3 or Pentax Optio S?) Of
course Visa would protect my purchase but these guys don't generally
take Visa, they take PayPal which takes Visa but that breaks the chain
for protection on my purchase from Visa. Of course eBay 'guarantees'
purchases but I haven't heard of anyone getting satisfaction from an
eBay guarantee so I think I'll pay the extra money and buy retail.

2 - I am an employer and one of my employees uses the internet
connection in my office to download/upload copyrighted music files. I am
liable for the activities of my employee even though I had no idea what
he was doing.

3 - I am a business owner and have a web site. The developer of my web
site used some pictures from a stock photo company but he never paid the
fees to use them. I am liable for ALL content on the web site - even if
the contractor assured me that he had paid all applicable licensing
fees.

I hope that you don't give your lawyer a bunch of work - even if he can
use it.

Craig