Page:Rimini Street, Inc., et al. v. Oracle USA Inc., et al..pdf/11

Rh treble cost awards that were also commonly available under state law at the time. That usage accorded with the ordinary meaning of the term. At the time, the word “full” conveyed the same meaning that it does today: “Complete; entire; not defective or partial.” 1 N. Webster, An American Dictionary of the English Language 89 (1828); see also 1 S. Johnson, A Dictionary of the English Language 817 (1773) (“Complete, such as that nothing further is desired or wanted; Complete without abatement; at the utmost degree”). Full costs did not encompass expenses beyond those costs that otherwise could be awarded under the applicable state law.

The case law since 1831 also refutes Oracle’s historical argument. If Oracle’s account of the history were correct, federal courts starting in 1831 presumably would have interpreted the term “full costs” in the Copyright Act to allow awards of litigation expenses that were not ordinarily available as costs under the applicable costs schedule. But Rimini points out that none of the more than 800 available copyright decisions awarding costs from 1831 to 1976—that is, from the year the term “full costs” first appeared in the Copyright Act until the year that the Act was last significantly amended—awarded expenses other than those specified by the applicable state or federal law. Tr. of Oral Arg. 7. Oracle has not refuted Rimini’s argument on that point. Oracle cites no §505 cases where federal courts awarded expert witness fees or other litigation expenses of the kind at issue here until the Ninth Circuit’s 2005 decision adopting the interpretation of §505 that the Ninth Circuit followed in this case. See Twentieth Century Fox,