The development risks defence perhaps the most criticized part of the Act. Many of the earlier criticisms of the defence centered on the accusation that its expression in the Act was weaker than that intended by the Directive. However, the ECJ has clarified that the words of the Act can, and should be read in a way that is in line with the intention of the Directive, and the courts have responded. Even so, some critics have argued that the whole idea of the defence is mistaken, and too serious a compromise of the idea of strict liability – it is argued that in practice it is really no more than an application of the foreseeability rule from negligence, and that essentially it means that a supplier that can prove that their lack of knowledge was not negligent can escape liability. In recognition of these concerns, several EU states do not include the defence in the legislation they put in place to enact the Directive.