1. Investors' & Lenders' Knowledge
In the context of going after investors and lenders, one can imagine a few scenarios under which a plaintiff could plead that the defendant had knowledge. If the copyright holder gave notice to the investor or lender about the infringement with support for the allegation, this would be proof of knowledge from at least that time forward. n211 Potential investors and lenders must also be careful about what they say in writing about their funding target's practices. n212 One more log on the fire that sent the Napster settlements so high was a document authored by Napster co-founder Sean Parker that discussed the need to remain ignorant of the real names and IP addresses of the system's users "since they are exchanging pirated music" and admitted "we are not just making pirated music available but also pushing demand." n213 In addition to that, the court in the Napster litigation found constructive knowledge because Napster executives had recording industry experience. n214 The sophistication of an investor and lender in regards to the relevant technology and/or intellectual property laws may therefore also be raised as a sign of knowledge. n215 If the alleged direct infringer's activities have been widely questioned in the media for possible [*115] infringement, even without official notice from the copyright owner, the investor or lender might be said to have constructive knowledge. Under the common law "natural and probable consequences" of conduct principle which imputes intent, n216 a court may find constructive knowledge when the company being funded is marketing technology that is quite obviously infringing. Once a court finds an investor or lender had the requisite knowledge, it will look to start its material contribution analysis.