BMG Fights Back Against Cox Resistance to DMCA Case Attorney Fees

Federal code is clear that recovery of non-taxable costs are part of the "full costs" available, and Cox Communications arguing "full costs" means only taxable costs and not items like travel costs and expert witness fees is clearly contrary to Congress' intent, BMG said in a docket 16-1972 reply brief (in Pacer) Thursday in the 4th U.S. Circuit Court of Appeals. It said Cox arguing BMG recovering nearly $8.4 million in attorney's fees and expenses atop the Digital Millennium Copyright Act verdict against the cable ISP (see 1709110017) doesn't cite authority for its argument non-taxable expenses can't be recovered. Cox outside counsel didn't comment Friday.