Turn the parties in this argument around and see if you think it still holds.
J. Random Hacker acquires and uses a copy of some of GitHub's, or Microsoft's source. When sued, the defense says that the code was not taken directly from GH/MS, just copied from a newsgroup where it had been posted. Does this get J. off the hook?
>>b3mora+(OP)
Was J using automated methods based on false claims of ownership by the newsgroup posters, with no direct knowledge of the violation? If so J should not be punished.