Whether a non-prevailing judgment-defendant can recover attorneys' fees under Rule 68 and Marek in a copyright case where attorneys' fees are defined as costs

QUESTIONS PRESENTED 1. Does Fed.R.Civ.P. 68 allow a non-prevailing judgment-defendant to recover attorneys’ fees under this Court’s Marek decision pursuant to Copyright Law, which simultaneously defines attorneys’ fees as costs and awards costs to the prevailing party? 2. Does an implied license test that requires an arms-length agreement between the copyright owner and the potential licensee conflict with the implied license test fashioned by this Court in De Forest?