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Originally Posted by Far-L
It is not a small amount.
The damages they sought was 38 million. That doesn't mean that they would prevail if the case went to trial. 550k guaranteed is money you can bank on and most attorneys will advise taking the sure thing.
Settlements often work out like this - and good attorneys always know how to write terms to avoid "offers" from being interpreted as "agreements" on the parts of the parties involved.
Besides, they achieved a lot more than just a quick cash settlement so not sure why people think it is so lame.
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I think the main reason some people think the settlement is lame is that it includes stipulations under which CF arguably becomes part of of Oron's public relations team. ;-)
To wit, quoting from the pertinent parts of the settlement letter cited in the judge's decision:
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12. Liberty agree to announce publically that after a careful review of the facts they believe Oron is protected by the DMCA safe harbor and that a review of the actual files shows that there never was any child porn on Oron?s site.
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For those who believe the contrary is/was true with respect to Oron where either safe harbor or CP is concerned, I can certainly see why they would be disappointed in that particular term being included in the settlement.
To clarify something that I think didn't really come through in Mike's post that started this thread, Corbin Fisher filed a motion asking the court to enforce the settlement agreement; the judge didn't just get a wild hair up her ass and decide to interpret an "offer" as an "agreement" --
she did exactly what the plaintiff asked her to do.
In the end, all Judge Navarro did here was evaluate whether case law supported Corbin Fisher's position as to the finality and enforceability of the settlement agreement, and come to the conclusion that Corbin Fisher's attorneys were correct.