Wednesday, April 02, 2008

Tallie Stubbs files docketing statement for appeal from denial of attorneys fees in Warner v. Stubbs

In Warner v. Stubbs, Ms. Stubbs has filed her docketing statement in support of her appeal to the US Court of Appeals for the 10th Circuit from the lower court's denial of attorneys fees on the ground that she was not a "prevailing party".

US Court of Appeals docketing statement*

* Document published online at Internet Law & Regulation

Keywords: 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

1 comment:

Anonymous said...

To have denied Ms. Stubbs costs and fees is the height of injustice. To claim that the RIAA plaintiffs weren't far beyond the bounds of mere frivolous is incomprehensible. These plaintiffs…

sued the wrong person,

using evidence that would likely have been ruled completely inadmissible at actual trial,

hoping that discovery from poisoned evidence would somehow result in admissible evidence — provided that the defendant didn't cave under the immense RIAA pressure and crushing legal bills first,

never got any additional evidence,

had to have known that their original case truly hadn't identified any individual person accurately — especially this defendant,

cut and ran,

and now claim that their actions were never frivolous and they don't owe the innocent defendant any of her attorney's fees and costs.

This is an outrage! Doubly so because the judge has let them get away with it!

And that so-called RIAA-Get-Out-Of-Suit-Free "Covenant not to sue" is another crock!