Thursday, September 06, 2007

Judge Orders RIAA to Pay Interest on Judgment in Capitol v. Foster; Denies Foster Motion to Amend Judgment

The judge in Capitol v. Foster has partially granted Ms. Foster's motion to amend judgment, agreeing with Ms. Foster's attorney that the RIAA plaintiffs were required to pay interest from the date of judgment until the date of payment, and ordering the RIAA to pay the interest by September 13, 2007, but disagreeing with her that there was any legal basis to direct the RIAA to make the check payable to Ms. Foster's attorneys rather than Ms. Foster directly.

Order Partially Granting and Partially Denying Motion to Amend Judgment*

* Document published online at Internet Law & Regulation

Commentary & discussion:

Ars Technica
p2pnet.net




Keywords: digital copyright online 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




5 comments:

NR said...

In NZ a lawyer has a lien for costs on any judgment obtained on behalf of a client. A court would make an order for payment to the lawyer. In legal aid cases (where the funder the Legal Services Agency has a charge for costs) only the lawyer can give a valid receipt for the judgment, this is to prevent the client from circumventing the LSA's charge - the lawyer has an obligation to pay to the LSA.

AMD FanBoi said...

This judge still seems determined to deny anything he feels he can get away with denying. Is he afraid he won't look fair and even-handed if he doesn't do a King Solomon and divide the cash baby exactly in half? Inquiring minds yada yada.

AMD FanBoi said...

I'm willing to place a strong bet that the interest rate that the Plaintiffs believe is right and proper for them to pay will differ substantially from the interest rate that the Defendants believe they're entitled to -- after which we'll be back in court once more.

Marc W. Bourgeois said...

I believe the applicable interest rates applied to judgments are set by statute, so hopefully there would be no need to haggle over this.

http://www.uscourts.gov/postjud/postjud.html

Russell said...

I would think that the interest rate is an established precedent or rule. Prime or something.