Copyright Law

RIAA files its Appellees' Brief in Lava v. Amurao, does not dispute 7th Circuit 'throwing in the towel' cases

By Ty Rogers and Ray Beckerman

In Lava v. Amurao, the Second Circuit appeal of a lower court order denying Mr. Amurao's request for attorneys fees, the RIAA has filed its opposition, or Appellees', brief, arguing that its lawyers had acted properly and that it was Mr. Amurao's fault that he incurred fees defending himself.

This is the case in which Mr. Amurao pointed out to the Second Circuit the recent Seventh Circuit cases which held that a prevailing copyright defendant is presumptively entitled to an attorneys fee award, even where the victory comes about as a result of the plaintiff's having 'thrown in the towel'.

The RIAA did not dispute that proposition.

Appellees' Brief

Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player

Full post as published by Recording Industry vs The People on October 08, 2008 (boomark / email).