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That is not the difference.

If a farmer doesn't knowingly violate, he will not be prosecuted. Having read a large number of court summaries from Monsanto cases, I haven't yet found one where they brought a case against someone who was simply dealing with accidental contamination.

If copyright infringing files were to end up on my computer by genuine accident, I would not be prosecuted for copyright infringement. For example, if I downloaded a zip file that was supposed to contain an album that I had paid for, but also accidentally contained an extra mp3 of a file I hadn't paid for, no court would find me in violation of copyright law.

There has to be intent, which nullifies the argument that it matters that seed self-replicates.




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