United States Fifth Circuit

In a copyright infringement action based on unlawful file sharing, partial summary judgment for plaintiffs is affirmed where: 1) the uncontroverted evidence was more than sufficient to compel a finding that defendant had downloaded the files; and 2) defendant infringed plaintiffs' exclusive right to reproduce their copyrighted works by downloading the 37 audio files to her computer without authorization. Moreover, the partial denial of summary judgment for plaintiffs is reversed where lack of legal sophistication could not overcome a properly asserted 17 U.S.C. 402(d) limitation to the innocent infringer defense.

Appellate Information

• Decided 02/25/2010
• Published 02/25/2010

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before DAVIS, CLEMENT, and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel