Court of Appeals for the Second Circuit June 28, 2005, Docket No. 04-0744-CV (Island Software & Computer Service, Inc. v. Microsoft Corp.)

CALABRESI, Circuit Judge.

This appeal involves, primarily, the proof needed for finding, at the summary judgment stage, that copyright infringement was “willful.” In the absence of evidence conclusively demonstrating actual, rather than constructive, knowledge of infringement, we conclude that summary judgment on the question of willfulness was inappropriate.

*259I.