Topic: need not be proven directly but may be inferred from the de… · Go Syfert
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Topic #9147

8 canonical passages across 7 cases, quoted by 40 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from N.A.S. Import, Corporation, Alentino, Ltd. v. Chenson Enterprises, Inc. Shu Chin Chen (A/k/a Margaret Chen) and Ken Lee.

#Case FlagCanonical passage Citers
1 N.A.S. Import, Corporation, Alentino, Ltd. v. Chenson Enterprises, Inc. Shu Chin Chen (A/k/a Margaret Chen) and Ken Lee Anchor
ca2 · 1992
green “need not be proven directly but may be inferred from the defendant's conduct.” 8
2 Island Software And Computer Service, Inc. v. Microsoft Corporation
ca2 · 2005
green “(1) that the defendant was actually aware of the infringing activity, or (2) that the defendant's actions were the result of 'reckless disregard' for, or 'willful blindness' to, the copyright holder's rights.” 8
3 Castillo v. G&M Realty L.P.
ca2 · 2020
green “district courts enjoy wide discretion in setting statutory damages.” 6
4 Island Software And Computer Service, Inc. v. Microsoft Corporation
ca2 · 2005
green “to prove 'willfulness' under the copyright act, the plaintiff must show (1) that the defendant was actually aware of the infringing activity, or (2) that the defendant's actions were the result of 'reckless disregard' for, or 'willful blindness' to, the copyright holder's rights.” 5
5 RSO Records, Inc. v. Peri
nysd · 1984
green “statutory damages should bear some relation to actual damages suffered.” 4
6 Fitzgerald v. CBS Broadcasting, Inc.
mad · 2007
green “damages are calculated based on the number of copyrighted works and . . .not on the number of incidents of infringement.” 3
7 Getaped. Com, Inc. v. Cangemi
nysd · 2002
green “further the copyright act's dual objectives of compensating copyright owners for past infringement and deterring future infringement.” 3
8 Omega SA v. 375 Canal, LLC
ca2 · 2021
green “exceed the . . . infringement upon plaintiff's rights,” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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