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That Knew or should have known is a clause that they use in all kinds of laws. It is a way for the to abuse the laws to their advantage..
Take for instance this idea...
A guy starts a program where people are selling for him.. The first 50 people are using banners and doing everything leagl. The owver is now making enough money to go live elsewhere and have someone run everything for him. He never touches the system or anything after the first 50 people make hi rich... Person number 51 signs up and starts to spam. He gets caught. They arrest the owner, because he nkew or should have known...
Was the guy an idiot for leaving the business to run it's self.. YES.
Does it happen? YES
Should he go to jail? NO
If you knew, then you were involved enough that you could have stopped it.
But should have known??? That is the part that is bullshit...
That means that you have to watch every person that signs up for your program, scan the ports of their system to see what they are doing, and basically hold their dick while they piss...
Can not and will not happen...
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