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Stanford Center for Internet and Society

In the heart of the Silicon Valley, legal doctrine is emerging that will determine the course of civil rights and technological innovation for decades to come. The Center for Internet and Society (CIS), housed at Stanford Law School and a part of the Law, Science and Technology Program, is at the apex of this evolving area of law.

BT Wins Again: Second Circuit Affirms Summary Judgment and $175,000 Fee Award

by Julie Ahrens, posted on November 6, 2009 - 1:23pm

After years of litigation based on spurious allegations of copyright infringement, BT was vindicated again this week when the Second Circuit affirmed the district court’s dismissal of the case on summary judgment and the award of $175,000 in attorneys' fees to BT.

The Second Circuit's summary order (attached) confirms that plaintiffs cannot sustain copyright infringement claims with nothing more than conclusory expert testimony, particularly testimony that is internally inconsistent and rebutted by evidence of independent creation. And by affirming the fee award, the Second Circuit avowed the importance of deterring plaintiffs who make infringement allegations with no facts to back them up. Not only will such meritless claims be dismissed, those who make them will be on the hook for the attorneys' fees and costs defendants incur defeating them.

We’re proud of BT for bravely and patiently standing up for creative freedom and proud of helping him achieve this result.