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The court, on plaintiff's motion for summary judgment, agreed that defendants' conduct constituted both direct and contributory copyright infringement.

Nonetheless, the court found the scienter element met.

Rather, his position as President, coupled with the authority to control the BBS's content, was sufficient to impose liability upon him.

(The court's decision is silent on the issue of the financial benefit the individual defendant derived from the infringing activities).

Merely encouraging or facilitating those activities is not proscribed by the [copyright] statute.

Defendants, however, were directly involved in the distribution and display of plaintiff's copyrighted works because of their policy of encouraging uploading GIFs, and their attempts at screening the same for infringing materials.

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