Yout Seeks More Time to Answer RIAA’s Motion for Attorney’s Fees

The YouTube-ripping software platform Yout seeks a 10-day deadline extension to Dec. 1 to respond to the RIAA’s Oct. 31 motion for recovery of $250,000 in attorney’s fees to defend against Yout’s Digital Millennium Copyright Act allegations, said Yout’s consent motion Monday (docket 3:20-cv-01602) in U.S. District Court for Connecticut in New Haven. RIAA doesn't oppose the extension, said Yout. It sought a declaratory judgment in an October 2020 complaint that its software, which allows users to make copies of streaming video and audio files, doesn't violate the DMCA. But Yout's argument fails to make a plausible case that YouTube lacks technological measures controlling access to videos there, U.S. District Judge Stefan Underhill ruled Sept. 30 in granting RIAA’s motion for dismissal of the case (see 2209300061). Yout is appealing Underhill’s dismissal. RIAA thinks a fee award is “appropriate and justified,” said its motion. “Yout’s claims were objectively unreasonable, if not frivolous, because Yout’s own allegations failed to establish that it was not violating the law,” said RIAA. “Evidence further suggests that Yout brought this lawsuit, not in good faith, but to prolong and advertise its stream-ripping business. In doing so, Yout caused RIAA to incur significant legal fees to defend this lawsuit and protect its members’ rights.”