3 ms·
As we described a bit in a previous post at the end of the litigation -- https://blog.cloudflare.com/winning-the-blackbird-battle/ https://blog.cloudflare.com/w
by kramerdj 7y ago
As we described a bit in a previous post at the end of the litigation -- https://blog.cloudflare.com/winning-the-blackbird-battle/ https://blog.cloudflare.com/winning-the-blackbird-battle/ -- in addition to the money we paid for the crowdsourced bounty, we also had to pay considerably to litigate the case. Even though we won the underlying litigation as quickly and convincingly as possible, we still spent more in legal fees than Blackbird might have been able to recover in damages after trial. That's why settling / licensing will always make more short-term economic sense, and keep trolls alive.
- nicoburns 7y agoShouldn't blackbird have to cover your legal fees if they lose?
- alasdair_ 7y agoNot in the USA, in general. That’s the core issue - it’s asymmetric warfare.
- nicoburns 7y agoHuh. I wonder if this is a significant factor in the US being so litigious in general.
- manquer 7y agoUnfortunately that kind of punitive punishment will deter genuine cases from be being filed for fear of penalties . Also it is hard to measure the actual minimum cost required. Cloudflare might have retained a top class firm to fight this, perhaps they could have been represented by a very affordable one person shop as well. What cost should the court award ? Former means cases against people and companies with resources will be very difficult for fear of losing, later does not solve the problem of economic incentives
- mschuster91 7y ago> Unfortunately that kind of punitive punishment will deter genuine cases from be being filed for fear of penalties . Legal insurance ("Rechtsschutzversicherung" in German) helps here. > What cost should the court award ? In Germany courts can order that one party has to cover all associated costs or that the cost be split / limited to "reasonable" amounts - this ensures that everyone has viable access to legal defense.
- nicoburns 7y agoIf it stops people suing people for having a loose paving slab on their garden path, then it's probably a good tradeoff? (albeit not one without downsides).
- XCSme 7y agoAny reason why is that? It doesn't make sense that you have to pay for defending yourself after the judge said you were innocent. You can just sue for nothing whoever you don't like and has less money than you.
- whamlastxmas 7y agoThis happens all the time in the US. I've personal made life decisions based on the the possibility I was going to piss off the wrong wealthy person who'd sue me without basis just to bankrupt me
- davidhyde 7y agoThanks!