On Friday, Judge Jordan threw out the direct infringement charge. The courts have long held that a finding of direct infringement requires a “volitional act” by the infringer. Jordan ruled that it was Hotfile’s users—not Hotfile itself—that decided which files to submit. And therefore, Hotfile cannot be guilty of direct copyright infringement.
On the other hand, the judge refused to throw out the secondary liability charge. The case will now proceed to determine whether Hotfile is, in fact, guilty of inducing its users to infringe copyright.
..internal..: Is a bookseller responsible for plagiarists?