The copyright suit filed by a Texas author against document-storage site Scribd.com will not proceed as a class action. In its order denying Scribd's motion to strike the class allegations, the court gave plaintiff Elaine Scott until May 1 to file her motion for class certification. That deadline has passed without Scott filing such a motion. And her attorney Kiwi Camara confirmed to me that he decided not to pursue a class action in this case. "We're pursuing certification in a different case in a different circuit," Camara told me via email. No word yet on what that "different case" will be.
Meanwhile, in the similar Williams v. Scribd case pending in San Diego, the court has yet to rule on Scribd's motion to dismiss based on, inter alia, the DMCA Section 512(c) safe harbor. The complaint in the Williams case does not include class allegations.
Monday, May 10, 2010
2 comments:
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Isn't this a slam dunk for attorneys' fees then? No question that Scribd "won" under the law and, especially if the case is dismissed with prejudice, as it should be, Scribd is entitled to its attorneys' fees.
ReplyDelete@Anonymous: The case isn't over; Scott's individual claims remain. If Scribd wins, then of course it may seek fees under Section 505.
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