The saga of music downloader Joel Tenenbaum continues.
Discovery is often enough to make you not want to be a lawyer at all. So when the other side asks you for something that you just do not feel like putting together — or just do not want to give up — it’s always tempting to pretend you never got that particular request.
Of course, actually doing so is at your own peril.
Harvard Law Professor Charels Nesson, who represented admitted copyright infringer Tenenbaum is going to have to pay, along with his client, the fees incurred by Capital Records and Sony BMG in filing a motion to compel during the discover phase of the litigation. The motion asked that Tenenbaum respond to discovery “regarding the distribution of th exact sound recordings” at issue in the lawsuit.
The Court granted that motion to compel, and federal rules say that when you win such a motion and the other side doesn’t have good reason for holding back, the non-complying side has to pay up.
Tenenbaum, a physics graduate student, has requested that the jury award against him for $675,000 be reduced, and that motion is under consideration. But there is no doubt he and Nesson will be paying something for the motion to compel. That number is yet to be determined as well, the Copyright & Campaigns blog noted, as the record companies have until today to inform the court the costs they incurred in preparing their motion to compel.
In granting plaintiff’s motion to compel in June, Judge Nancy Gertner did not hold back on criticising the defence tactics of Nesson and said the court’s “indulgence” of the defence was over. So the granting the companies’ fee request was not surprising.
Nesson and Tenenbaum can only hope they won’t be overly surprised by the hourly rates of the record companies counsel at Holme Roberts & Owen and Dwyer & Collora.
Copyright & Campaigns has full coverage of the dispute and links to copies of the relevant motions and orders, here.
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