True, good faith does not necessarily negate infringement. But it matters a great deal when the court assigns penalties for infringement. Doing everything in your power to determine that your use was not infringing means that your liability is probably handled by taking down the image as soon as you are made aware of the problem.
Suppose you go to a popular diner one day. There's a sign with very small print on the door -- the text is far too small to read and is posted in a way that most customers won't see it.
The sign declares that anyone entering the door and ordering food agrees to the posted Terms of Service. Among the Terms is a non-disparagement clause that forbids negative commentary and retroactively revokes authorization to be inside the diner if anyone does so.
The cook is having a hellishly bad month and loses his mind while your food is being cooked. He takes a dump in the fryer, and serves it to everyone in the restaurant -- nicely breaded and fried, but still excrement.
Naturally, no one there enjoys the meal at all. About half the people call the health department, about a quarter call their lawyer, the last quarter call the police. All of them tell their friends, post to social media, and write reviews of the horrific experience.
The restaurant owner calls the police on all of them, and demands they all be arrested for violating the Terms of Service and accessing the restaurant while unauthorized.
If it's a brick & mortar diner, the police will laugh at the crazy man. But if the diner in question were a website, every one of those customers would be guilty of a felony and subject to prison time and enormous fines. All because it happened on the internet.
Wouldn't it absolutely suck if someone finally invents a real, workable fusion power plant, one that will end our energy problems overnight...but nobody can build it because it needs helium and we used all of ours up on party balloons?
You'd think that a nation-state as allegedly ancient as the Middle Kingdom would be better at this sort of thing. After all, well-crafted propaganda and skill at manipulating rumors are both signs of a high level of civilization. Their lack is telling.
I've been a long-time Microsoft customer because I liked the more hands-on, user's choice nature of the operating system, while at the same time having the option to let the system run itself (an option many Linux builds weren't so great at).
I avoided Apple for years because of their systems being their way or the highway. But if Microsoft is going to force me to do everything their way or not at all? Well, Apple makes better products of that nature.
I've owned Windows PCs since my very first computer that ran MS-DOS 5.0 and Windows 3.1, but my next computer will almost certainly be some variety of Apple after the crap Microsoft has pulled lately.
And I've stopped recommending Microsoft products to people, both friends & family and for work. When the company and product you've trusted for decades starts being indistinguishable from malware, it's time to find a company you CAN trust.
Indeed we can! And in honor of living in a country where we have rights rather than vaguely suggested privileges:
Defamation Poem, by Jan Böhmermann
Stupid as fuck, cowardly and uptight, Is Erdogan, the president, His gob smells of bad döner, Even a pig’s fart smells better, He’s the man who hits girls, While wearing a rubber mask, But goat-fucking he likes the best, And having minorities repressed,
Kicking Kurds, Beating Christians, While watching kiddie porn, And even at night, instead of sleep, It’s time for fellatio with a hundred sheep,
Yep, Erdogan is definitely The president with a tiny dick, Every Turk will tell you all, The stupid fool has wrinkly balls, From Ankara to Istanbul, They all know the man is gay, Perverted, louse-infested, a zoophile, Recep Fritzl Priklopil
Head as empty as his balls, Of every gang-bang party he’s the star, Till his cock burns when he has a piss, That’s Recep Erdogan, The Turkish president.
By the standards of evidence the police were operating on, I could make up a "tip" that techdirt is a child pornography ring and that you are sharing illegal photographs.
Whether it's true or not is irrelevant. The agency I give that tip to then has exactly the amount of evidence of wrongdoing that the police officers in this case had. And the fact that the site has 'frequent' visitors is all the proof the police need of wrongdoing under this new evidence standard.
Do you really want to have a group of armed police kicking your door in 'for the children'? Remember, they won't stop tearing your house apart until they find the evidence they KNOW is there -- after all, there was a tip that said so!
That of course assumes you're still alive, because police are kinda trigger-happy these days.