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Keeping your community covered. We're committed to producing high-quality, fact-based news and information that gives you the facts in this community we call home. If our work has helped you stay informed, take action, or feel more connected to Windham County – please give now to help us reach our goal of raising $150,000 by December 31st.
Ms. Farabaugh's piece is ill-informed and therefore misguided.
First, two obvious red flags: (1) the author is not a lawyer and is writing on legal subjects (she is ignorant) and (2) the author is the defendant in a lawsuit where the subject matter is also the subject of the article (she is biased).
Here is the most important fact: The author used a copyright-protected work without the permission of the copyright owner. This is copyright infringement.
However, there is a difference between willful and unintentional infringement, but this issue is only relevant to the damages analysis, with willful infringement warranting a larger damages award.