Whether the Ninth Circuit's requirement that plaintiff prove that a defendant commit "volitional conduct" in the form of an affirmative act to recover for direct copyright infringement violates the longstanding rule that either an act or an omission to act satisfies—for purposes of proximate causation—the "volitional conduct" requirement.

Whether a defendant's passive or omissive conduct can satisfy the 'volitional conduct' requirement for direct copyright infringement liability