Laws are not computer code. They're not run, unthinkingly, by a judge acting as a CPU.
We have humans (like juries) looking to see whether an offence was committed. Are they going to find someone guilty of an offence like this?
Then we have judges who look at the whole facts of a case to determine a sentence[0]. Would they think it proportionate for a first-time offender to be imprisoned for this?
On the other hand, if a large content creator has been repeatedly warned not to break the law and they've ignored those warnings, why shouldn't they be punished?
[0] Yes, some jurisdictions have sentencing guidelines and mandatory minimums.
Laws are not computer code. They're not run, unthinkingly, by a judge acting as a CPU.
We have humans (like juries) looking to see whether an offence was committed. Are they going to find someone guilty of an offence like this?
Then we have judges who look at the whole facts of a case to determine a sentence[0]. Would they think it proportionate for a first-time offender to be imprisoned for this?
On the other hand, if a large content creator has been repeatedly warned not to break the law and they've ignored those warnings, why shouldn't they be punished?
[0] Yes, some jurisdictions have sentencing guidelines and mandatory minimums.