No, but it does matter how much money the alleged infringer has.

Property law is mostly concerned with protecting the rich from the poor, so when a rich person violates the property of a poor person, the courts can't allow the inversion of purpose and will create something called a "legal fiction," which is basically the kind of bending-over-backwards that my children do to try to claim that they didn't break the rules, actually, and if you look at it in a certain way they were actually following the rules, actually.