RIAA’s Attorneys’ Fees Motion Is Denied Without Prejudice in Yout Case

U.S. District Judge Stefan Underhill for Connecticut signed an order Friday (docket 3:20-cv-01602) denying without prejudice the Recording Industry Association of America motion for attorneys’ fees, with leave to refile the motion after disposition of Yout’s appeal before the 2nd U.S. Circuit Court of Appeals of his order dismissing the case in RIAA’s favor. Underhill denied as moot Yout’s motion to stay his attorneys’ fees ruling, pending appeal. The Copyright Act “provides for recovery of fees and costs incurred by the prevailing party, including fees and costs incurred on appeal,” said his order. “The party prevailing on appeal will likely seek fees at that time,” he said. “Therefore, the interests of judicial efficiency, avoidance of piecemeal adjudication, and conservation of judicial resources favor denying the fee motion without prejudice at this time.” RIAA said it spent more than $250,000 in lawyers’ fees defending what it called Yout’s “meritless” lawsuit seeking a declaratory judgment that its software doesn't violate the Digital Millennium Copyright Act (see 2211230003).