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Re:YouTube-dl has received a DMCA takedown from RIAA by JohnBooty on Saturday October 24, 2020 @12:47AM (#24877025)
From a practical perspective, it's hard to wish for or imagine a legal system that doesn't rely upon judicial interpretation of intent. An example would be causing the death of another human being. Would you want all four of these incidents to be treated the same from a legal perspective?

- A surgery, which is known to have a 50/50 chance of success even at the hands of an excellent surgeon, goes poorly and the patient dies.

- A serial killer spends six months plotting the murder of his victim before executing them.

- A shoving match breaks out at a bar. Somebody slips, falls, hits their head on the ground, and dies.

- You accidentally frighten somebody by sneezing in a quiet library. They have a heart attack and die.

From a purely logical perspective, these are literally the same thing. A person dies! Realistically speaking, any legal system needs to consider intent.

Re:YouTube-dl has received a DMCA takedown from RIAA by dane-pgp on Saturday October 24, 2020 @02:39AM (#24877409)
If the law reached a point where the defendant in all of those scenarios would be found not guilty provided they were wearing a t-shirt at the time saying "My intent is to not kill someone", then we would probably agree that the law is not fit for purpose.

Similarly, if the difference between illegal software and legal software is the value of a random ID in a unit test, or the presence of a boilerplate "Please don't use this for copyright infringement" message in the README, then the law isn't really "promoting the Progress of Science and useful Arts", it is just a gotcha trap for developers who forget to copy-paste a piece of text.

The equivalent from the Prohibition Era would be the warnings on "grape bricks" that told buyers "not to leave that jug in the cool cupboard for 21 days, or it would turn into wine".[0]

[0] https://www.thedrinksbusiness.com/2017/07/rare-prohibition-g...