Extract to table

Aurelius must demonstrate willfulness by a preponderance of the evidence — that is, it must show that it is more likely than not that StreamNow knew or should have known that its conduct constituted copyright infringement

copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's interposition of a defense based on innocent infringement in mitigation of actual or statutory damages

We should be prepared to argue that StreamNow's waiver must be broad enough to encompass all communications related to the MDD Agreement, the Aurelius content, and StreamNow's response to Aurelius's notice