Uncivil Law
Uncivil Law
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Just how "full" are those full costs, anyway? Rimini v. Oracle

Posted

July 18, 2019

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As part of a copyright dispute which Oracle won, Oracle asked for and was awarded attorney's costs and expert witness costs. These costs totaled $12 million (not all attorney's get paid this much, but hey, nice work if you can get it).

The rule at common law was that each party had to pay its own costs. This rule has been modified by statutes in most states and in federal law, but the degree to which it has been modified is different in different places.

The question here is whether the copyright statute's text that allows the awarding of "full" costs includes this $12 million dollars or not.

The court considers the default rules that apply, and then considers whether this text merely invokes those default rules, or whether it changes them.

So, who pays these attorneys - the bad guys, or the client? (The attorney always gets paid, don't be ridiculous - we are just trying to figure out by who).

We find out in today's case of Rimini v. Oracle.

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