Allapattah Servs., Inc., 545 U.S. Penguin Books Usa, Inc., 109 F.3d 1394 (ninth Cir. In other words, the true awareness provision turns on regardless of whether the company in fact or subjectively knew of particular infringement, even though the pink flag provision turns on no matter if the company was subjectively knowledgeable of information that would have built the precise infringement objectively obvious to a affordable human being.