The court held ReDigi directly liable for infringement. Direct liability requires that a defendant must have "engaged in some violation conduct" showing active violation of the plaintiff's copyright. The court reasoned that since ReDigi created a system where the only music files eligible for sale were copyrighted and purchased from iTunes, and that ReDigi programmed its software to do so, there was enough of a volitional act for ReDigi to be held for direct infringement.