Law360 recently published an article about the Fifth Circuit case of BWP Media USA, Inc. v. T&S Software Associates, Inc. The issue in BWP Media was whether “volitional conduct” is required for direct copyright infringement. Defendant T&S Software Associates hosted an internet forum in which users posted images that infringed copyrights owned by Plaintiffs BWP Media USA and National Photo Group. The plaintiff sued T&S for direct and secondary copyright infringement, but the trial court granted summary judgment for T&S.
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