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ISLAND SOFTWARE & COMPUTER v. MICROSOFT

Docket No. 04-0744-CV.

413 F.3d 257 (2005)

ISLAND SOFTWARE AND COMPUTER SERVICE, INC., Plaintiff-Counter-Defendant-Appellant, Michael Brunner, Counter-Defendant-Appellant, v. MICROSOFT CORPORATION, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 28, 2005.

Attorney(s) appearing for the Case

Eugene D. Berman, Fine, Fine & Berman (Scott Fine, of counsel), Melville, NY, for Plaintiff-Counter-Defendant-Appellant.

Monica P. McCabe, Piper Rudnick LLP (Christine Jaskiewicz and Katherine M. Dugdale, of counsel), New York, NY, for Defendant-Counter-Claimant-Appellee.

Before: OAKES, KEARSE, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge.

This appeal involves, primarily, the proof needed for finding, at the summary judgment stage, that copyright infringement was "willful." In the absence of evidence conclusively demonstrating actual, rather than constructive, knowledge of infringement, we conclude that summary judgment on the question of willfulness was inappropriate.

I. BACKGROUND

Defendant-counter-claimant...

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