Date: 11-12-03 12:43
yes but the dynamic or static 'nature' of the page would've been a clear indication of intent regardless of the already occurring copyright infringement via the frame inclusion of freshports.net
don't forget that their argument was that they did not check a certain script for that donate page and that it only was to appear for non freshport.org, swedish content.
This requires that the index page, in this case the frame index, be dynamically written (usually via a server-side language such as php, sometimes via clientside script but there was none in this source captured by Dan Langille) to represent changes.
If they didn't have a dynamic page then the intent is clear: fraud. Otherwise there could be a reasonable doubt (though a very very tiny one given that any webmaster normally surfs his own sites and this being an über-obvious 'error' to spot :p)