Legal Opinion
Island Software & Computer Service, Inc. v. Microsoft Corp.
Court of Appeals for the Second Circuit
Decided June 28, 2005No. Docket No. 04-0744-CVPublishedCited by 8 opinions
1Opinion of the Court
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.
*259I. BACKGROUND
Defendant-counter-claimant-appellee Microsoft Corporation (“Microsoft”) designs and manufacturers a number of popular software programs, each of which is covered by various copyrights and bears the company’s registered…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Crawford-El v. BrittonSupreme Court of the United States · 1998
- Tara C. Galabya v. New York City Board of EducationCourt of Appeals for the Second Circuit · 2000
- Yurman Design, Inc. Plaintiff-Appellee-Cross-Appellant v. Paj, Inc., Doing Business as Prime Art & Jewel, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2001
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. ScherCourt of Appeals for the Fifth Circuit · 2010
- Island Software And Computer Service, Inc. v. Microsoft CorporationCourt of Appeals for the Second Circuit · 2005
- Veoh Networks, Inc. v. UMG Recordings, Inc.District Court, S.D. California · 2007
- Microsoft Corp. v. Ram Distribution, LLCDistrict Court, E.D. Wisconsin · 2008
- Coudert v. Janney Montgomery Scott, LLCCourt of Appeals for the Second Circuit · 2006
3 more not listed; retrieve them via the Exa API.