Aereo Didn't Kill Copyright 'Volitional' Rule, 5th Circ. Says

Law360, New York (March 28, 2017, 4:51 PM EDT) -- The Fifth Circuit ruled Monday that a web forum was not directly liable for copyright-infringing images uploaded by its users, becoming the latest appeals court to reject the argument that the U.S. Supreme Court's 2014 Aereo ruling eliminated the “volitional-conduct” requirement for such claims.

The ruling came in a case filed by BWP Media USA, a frequent copyright plaintiff, that accused T&S Software Associates Inc., the operator of a hair and beauty website called HairTalk, of direct infringement over three images of celebrities uploaded to the site without permission.

On Monday, the appeals court flatly rejected those claims, formally adopting the stance...

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