think there’s a misunderstanding. in my jurisdiction we use the word offence to refer to criminal actions. If the penalty is only civil, then this bolsters the case for being bold toward omens treatment of orphan works
But we are talking about US copyright law - that's what the article is about, and there's no real issue with criminal enforcement of copyright. What jurisdiction are you in? It doesn't bolster anything because in the US copyright infringement is strict liability and civil enforcement of copyright actions are frequent. The greater point anyway was that it's odd for you to offer this legal advice while simultaneously not being aware that copyright infringement is strict liability. Now you are also saying you didn't think about the civil context at all. Bizarre.