5 ms·
The lawyer could challenge Rule 68 (settlement being 5 times cost). As long as he can win on that point and 1cent more than the 5 times settlement figure, Mango
by snappyeagle 7y ago
The lawyer could challenge Rule 68 (settlement being 5 times cost). As long as he can win on that point and 1cent more than the 5 times settlement figure, Mango the photographer doesn't have to pay Democracy Now legal costs. Besides Mango maybe able to prove his costs in tracking down copyright theft is greater than 5 times, which will make Rule68 seem out of date. For example, there might be a company offering copyright theft tracking services which could inflate the costs making the Rule68 5 times settlement out of date.
Will be interesting to see how this goes.
- wtallis 7y agoRule 68 isn't where the 5x cost figure comes from. The 5x figure was simply chosen by this particular defendant as their guess for what would be safely above what the plaintiff was likely to be able to win.