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BWP MEDIA USA v. T & S SOFTWARE

No. 16-10510.

852 F.3d 436 (2017)

BWP MEDIA USA, INCORPORATED, doing business as Pacific Coast News; National Photo Group, L.L.C., Plaintiffs-Appellants v. T & S SOFTWARE ASSOCIATES, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed March 27, 2017.

Attorney(s) appearing for the Case

Craig B. Sanders , Sanders Law, P.L.L.C., Garden City, NY, for Plaintiffs-Appellants.

Joseph F. Cleveland, Jr. , Brackett & Ellis, P.C., Fort Worth, TX, for Defendant-Appellee.

Before SMITH, CLEMENT, and SOUTHWICK, Circuit Judges.

This appeal is about whether "volitional conduct" is required to establish a claim for direct copyright infringement. Defendant T & S Software Associates, an internet service provider, hosted an internet forum on which third-party users posted images that infringed copyrights owned by plaintiffs BWP Media...

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