Download defendant awarded costs recovery

OKLAHOMA CITY, July 18 (UPI) -- A U.S. court in Oklahoma City ordered Capitol Records to pay nearly $70,000 in fees to a woman the company unsuccessfully sued for illicit downloading.

The U.S. District Court ruling Monday is the first time a company was ordered to reimburse a defendant's attorney's fees and costs in the music industry's action against alleged online pirates, Variety reported Tuesday. The court awarded $68,685.23.

In 2004, Capitol sued Oklahoma resident Deborah Foster for alleged copyright violation for unauthorized downloading. Capitol amended its complaint to include Foster's adult daughter, Amanda.

The record company won a default judgment against Amanda Foster and eventually offered the mother an out-of-court settlement. After failing to reach an agreement, Capitol dropped its case against Deborah Foster, who petitioned for recovery of costs and fees, Variety said.

U.S. District Judge Lee West said, "The defendant was entitled to litigate the claims the plaintiffs chose to bring against her and ... she is entitled to recover reasonable (attorney's) fees."

Ray Beckerman, an attorney who represented defendants in similar suits, told Variety that the decision is a "landmark," by ruling the theory of holding a parent liable "is marginal" and that the industry couldn't escape recovery of attorney's fees "by just dropping the case ... ."