Brian Malcom
No good deed goes unpunished, especially those done in violation of copyright law. Copyrights & Campaigns posted about this very subject last week.
Harvard Law Professor Charles Nesson led a defense team for a graduate student at the university pro bono. The student was ordered to pay $675,000 for unlawfully downloading 30 songs on the Internet. (Yes, that is $22,500 per song). Here's hoping he really likes the songs.
A while ago, the plaintiffs in the case filed a motion to compel seeking evidence regarding the posting of seven songs to a public website. The federal district judge granted the motion to compel in June 2009. The plaintiffs then filed a motion for costs and fees under Rule 37. The motion for costs and fees is available here. No opposition was filed.
Last week, the judge also ordered the defendant and his attorney, Professor Nesson, to pay the costs and attorneys fees for the motion to compel filed by the plaintiffs. Professor Nesson apparently posted some songs at issue in the case on his blog, with a public link for anyone to download the songs.
The Lessons:
- If you find yourself in a lawsuit concerning illegal downloading or distribution of copyrighted material, do not -- I repeat, do not -- post a link for everyone and their cousin to download the material for free;
- Respond to motions that seek to tax costs and fees against you and your client; and
- Pro bono can cost you.