BWP Media USA, Inc. v. T & S Software Associates, Inc.
Plaintiffs, BWP Media and National Photo Group, filed suit against T&S, an internet service provider, for direct and secondary infringement. Plaintiffs alleged that T&S hosted an internet forum on which third-party users posted images that infringed copyrights owned by plaintiffs. The district court granted summary judgment for T&S. The court adopted the volitional-conduct requirement in direct-copyright infringement cases, and found that BWP did not contend that T&S did, in fact, engage in such conduct. In this case, the court explained that T&S hosts the forum on which infringing content was posted, but its connection to the infringement ends there. Rather, the users posted the infringing content. Accordingly, the court affirmed the judgment. View "BWP Media USA, Inc. v. T & S Software Associates, Inc." on Justia Law