Copyright Law

Attorneys fee appeal in Lava v Amurao rejected by "summary order"

By Ty Rogers and Ray Beckerman

In Lava Records v. Amurao, the appeal by Rolando Amurao from a lower court order denying his attorneys fee motion, the Second Circuit has affirmed the order of the lower court by a "summary order" (an order having no precedential effect).

The Court relied in part upon

Amurao?s pre-suit written admission to the plaintiffs that ?[w]e downloaded the songs [in question] through a program called Lime Wire,? Amurao?s subsequent less-than-candid responses to plaintiffs? discovery requests, and the plaintiffs? efforts to terminate this case quickly once it became clear through discovery that another member of Amurao?s household, rather than Amurao himself, had, in fact, downloaded the copyrighted materials.

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Full post as published by Recording Industry vs The People on November 16, 2009 (boomark / email).