Labels:book | reckoner | sky | tree | windowpane OCR: ample incentive to defend. Petitioner must certainly have kown from the outset this law suit. that any application under Section 505 P[nOM ultimately be governed by the standard applied in this case Nevertheless, petitioner doep not suggest nor given the history of this case could he suggest that he refrained from pressing vigorous defense because the recovering attormey fees were insufficiently strong any event, even if the Ninth Circuit: rule "did create some marginal disincentive' for copyright defendants litigate hilt, that factor "would still have [eq] weigh[ed] against other considerations (Zipes 491 762) "[T]n light the comneting equities that Congress takes into account 761 encouraging the enforceinent pf the underlying statutory right; pena lizing actial wrongdoing: promoting cert ...
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