Ms. Farabaugh's piece is ill-informed and therefore misguided.
First, two obvious red flags: (1) the author is not a lawyer and is writing on legal subjects (she is ignorant) and (2) the author is the defendant in a lawsuit where the subject matter is also the subject of the article (she is biased).
Here is the most important fact: The author used a copyright-protected work without the permission of the copyright owner. This is copyright infringement.
However, there is a difference between willful and unintentional infringement, but this issue is only relevant to the damages analysis, with willful infringement warranting a larger damages award.