Copyright Law

Lava v Amurao attorneys fee appeal set for Sept 23 in 2nd Circuit

By Ty Rogers and Ray Beckerman

Rolando Amurao's appeal from a lower court order denying his motion for attorneys fees in Lava Records v. Amurao, is scheduled to be argued before the US Court of Appeals for the Second Circuit, on Wednesday, September 23rd, on the Court's 10:00 a.m. calendar (pdf).

The appeal was initially scheduled to be argued on May 19th, but was adjourned at the RIAA's request.

[Ed. note. The case is a typical "throwing in the towel" scenario. Mr. Amurao was sued only because he was the person who paid the bills for the internet access account in question. Subsequently, after substantial litigation, his daughter testified that she had engaged in p2p file sharing. The RIAA thereafter withdrew the case against Mr. Amurao, but refused to reimburse him for his attorneys fees. -R.B.]

Here are copies of the briefs:

Appellant's Brief
Appellees' Brief
Appellant's Reply Brief

The courthouse is at 500 Pearl Street in Manhattan. The proceedings are open to the public.

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Full post as published by Recording Industry vs The People on September 13, 2009 (boomark / email).