Allapattah Servs., Inc., 545 U.S. Penguin Books Usa, Inc., 109 F.3d 1394 (9th Cir. In other terms, the precise knowledge provision turns on whether the supplier really or subjectively realized of precise infringement, though the pink flag provision turns on irrespective of whether the provider was subjectively informed of specifics that would have created the particular infringement objectively clear to a reasonable person." Viacom Int’l, Inc.