Even a non-profit website or individual who links to infringing content can be liable for infringing copyright if they knew that the material was infringing,
Is this a standard of actual knowledge, or constructive knowledge? The former is hard to prove: the plaintiff pretty much has to have a paper trail showing that the site owner was told the material was infringing, and linked to it anyway, deliberately. The latter is that the site owner “knew or should have known” that the material was infringing, and the latter standard is indeed a disaster, effectively forbidding Europeans from linking to any site they don’t own - since the link target could change at any time.
