Thursday, June 21, 2007

Court Schedules Evidentiary Hearing in Capitol v. Foster

In Capitol v. Foster, where Judge Lee West has granted the defendant's motion for attorneys fees, and the RIAA has objected to the reasonableness of Ms. Foster's attorneys fees, the Court has granted the RIAA's request for an evidentiary hearing:

June 20, 2007, Order, Granting RIAA Request for Evidentiary Hearing*

* Document published online at Internet Law & Regulation

Keywords: digital copyright online download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

5 comments:

AMD FanBoi said...

If Debbie Foster objects to it, and the RIAA wants it, it doesn't sound like a good thing.

Mike said...

So overall, let me see if I've got the RIAA "logic" correct:

1) Essentially "lose" the case.
2) Defendant submits for and wins fees.
3) Fight the fees and lose, so now on the hook for original fees PLUS new fees for the extended fight PLUS continued increases for the continued fight.
4) Fight the reasonableness of the fees causing the bill to get even higher?

From an accounting standpoint, someone at the RIAA is likely NOT paying attention here and the plaintiff law firm seems to be running wild.
- Original fees were $50K (massive rounding, I know)
- New fees are currently $100K and climbing

Even if they get a 10% - 20%, heck, even 40% reduction, they're still on the hook for more than they started with. At some point, you'd think logic would kick in and say "cut your losses and stop already".

Oh well. In the end, this just proves to me why I will never support the music industry in its current business model. I will support my favorite bands by going to their concerts and buying their merchandise, but won't be buying any new albums unless I can get them direct from the artists themselves.

Ray Beckerman said...

amd..... Ya never know. A Judge's being accommodating to procedural requests doesn't tell us anything about where he's ultimately going.

mike.... Yes, the RIAA lawyers have done an abysmal job for their client... and still counting. How can they possibly think an evidentiary hearing will help them? If anything it will make the Judge's ultimate ruling even more unassailable.

Mike said...

You know, as I thought about this case some more today, I've actually come around to hoping the RIAA and their lawyers continue to press this one to the bitter end. While I feel sorry for Ms. Foster in having to put up with it, I see the following probable benefits:
1) Ms. Thomas gets a rather large chunk of change.
2) It becomes set in stone that if the RIAA dismisses with prejudice, they are on the hook for expenses.

#2 is especially important as defendants start demanding their day in court and the RIAA has no choice to either follow through and lose on flimsy evidence OR dismiss with prejudice and have to pay up.

It's been slow in coming, but I'm starting to see a light at the end of the tunnel... :-)

Ray Beckerman said...

Mike said...

You know, as I thought about this case some more today, I've actually come around to hoping the RIAA and their lawyers continue to press this one to the bitter end.


Me too.