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.
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