In NZ and Australia there are "common knowledge" terms that are specifically legal in nature and do not require any definition in contracts. The reason being is the terms are formally defined in legislation or other "recognised" locations that are "freely available". Also, in both countries, and most others around the world there is other law that states "ignorance is not a defence", this is generally applied in Criminal Law however it does have application in commercial law also and has been successfully argued in the past.
"Freely available" happens to be one of these "common knowledge" terms that telcos love because it does not mean "free of charge" but "available upon request within a reasonable amount of time" where reasonable is not defined under "common knowledge" due to its meaning is relative to the context of the contract being entered into and 'should' be defined separately therein, this means that when this is used in a ToS or contract you can still be charged for your own information.
I was caught out on one of these in 2000 so since then I have studied commercial law since but this only has an overview of IP so I will not pretend to know much about IP, I rely on my lawyers to get me specific information about that.
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