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Funko, BrandShield speak out about itch.io takedown
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I'm not trying to exonerate them of any blame, I'm just saying "knowingly" implies a human looking at something and making a decision as opposed to a machine making a mistake.
I made an automaton. I set the parameters in such a way that there is a large variability of actions that my automaton can take. My parameters do not pre-empt my automaton from taking certain illegal actions. I set my automaton loose. After some time it turns out that my automaton has taken an illegal action against a specific person. Did I know that my automaton was going to commit a illegal action against that specific person? No, I did not. Did I know that my automaton was sooner or later going to commit certain illegal actions? Yes I did, because those actions are within the parameters of the automaton. I know my automaton is capable of doing illegal actions and given enough incidences there is an absolute certainty that it will do those illegal actions. I do not need to interact with my automaton in any way to know that some of it's actions will be illegal.
And I'm not saying that you are. I tried to show with a parable that they do not need to see their machine's actions to know that some of it's actions are illegal. That's what we were disagreeing on: that they know.