Willful blindness definition
Willful blindness means the intentional disregard of objective fact that would lead a reasonable person to conclude that the property was derived from unlawful activity or would be used for an unlawful purpose.
Willful blindness means that a licensee actually suspects the dishonest activity, but deliberately refrains from making further inquiries for fear of confirming those suspicions.
Willful blindness. The plaintiffs further argue that the District Court erred in granting summary judgment to the defendants despite evidence that YouTube was "willfully blind" to specific infringing activity. On this issue of first impression, we consider the application of the common law willful blindness doctrine in the DMCA context. "The principle that willful blindness is tantamount to knowledge is hardly novel." ▇▇▇▇▇▇▇ (NJ) Inc. v. eBay, Inc., 600 F.3d 93, 110 n.16 (2d Cir. 2010) (collecting cases); see In re Aimster Copyright Litig., 334 F.3d 643, 650 (7th Cir. 2003) ("Willful blindness is knowledge, in copyright law . . . as it is in the law generally."). A person is "willfully blind" or engages in "conscious avoidance" amounting to knowledge where the person "'was aware of a high probability of the fact in dispute and consciously avoided confirming that fact.'" United States ▇. ▇▇▇▇-▇▇▇▇▇▇▇▇, 336 F.3d 167, 170 (2d Cir. 2003) (quoting United States ▇. ▇▇▇▇▇▇▇▇▇, 983 F.2d 455, 458 (2d Cir. 1993)); f. Global-Tech Appliances, Inc. v. SEB S.A., U.S. _, 131 S. Ct.2060, 2070—71 (2011) (applying the willful blindness doctrine in a patent infringement case). Writing in the trademark infringement context, we have held that "[a] service provider is not . . . permitted willful blindness. When it has reason to suspect that users of its service are infringing a protected mark, it may not shield itself from learning of the particular infringing transactions by looking the other way." ▇▇▇▇▇▇▇, 600 F.3d at 109. The DMCA does not mention willful blindness. As a general matter, we interpret a statute to abrogate a common law principle only if the statute "speak[s] directly to the question addressed by the common law." Matar ▇. ▇▇▇▇▇▇▇, 563 F.3d 9, 14 (2d Cir. 2009) (internal quotation marks omitted). The relevant question, therefore, is whether the DMCA "speak[s] directly" to the principle of willful blindness. Id. (internal quotation marks omitted). The DMCA provision most relevant to the abrogation inquiry is § 512(m), which provides that safe harbor protection shall not be conditioned on "a service provider monitoring its service or affirmatively seeking facts indicating infringing activity, except to the extent consistent with a standard technical measure complying with the provisions of subsection (i)." 17 U.S.C. § 512(m)(1). Section 512(m) is explicit: DMCA safe harbor protection cannot be conditioned on affirmative monitoring by a service provider. For that reason, § 512(m) is...
Examples of Willful blindness in a sentence
Willful blindness first appeared as a substitute for actual knowledge in English case law over a century ago.
More Definitions of Willful blindness
Willful blindness means it’s against the law for you to “look the other way” if you know of, or reasonably should have known of red flags indication suspicious activity. As a financial professional you have a legal duty to “know your client,” detect such suspicious activity, and report it to the Company.
Willful blindness would give rise to liability 1.
6.2.4.1.2 but flea market operator is not obliged to seek out and prevent acts of infringement 1.6.