In an Oklahoma case, Capitol Records v. Debbie Foster, the Court has granted the defendant’s motion for attorneys fees to be imposed against the RIAA, holding that Ms. Foster is to receive her “reasonable attorney’s fees”.
Judge Lee R. West, in his 9-page decision decision(pdf), did not specify the amount to be awarded, held that the RIAA can have “discovery” on the reasonableness issue, and also ruled that Ms. Foster can also later supplement her application for additional fees. Her initial application at last count sought approximately $55,000 in legal fees and disbursements. This is the case in which the ACLU, Public Citizen, EFF, the American Association of Law Libraries, and the ACLU Oklahoma Foundation, all filed an amicus brief on Ms. Foster’s behalf, arguing to the judge that a substantial attorneys fee award was needed to discourage the RIAA’s “driftnet” litigation strategy.