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What's needed is a general defense against frivolous lawsuits. Something like a pre-trial phase where you're represented by a free public defender, and only if
by MikeUt 5y ago
What's needed is a general defense against frivolous lawsuits. Something like a pre-trial phase where you're represented by a free public defender, and only if the plaintiff wins, can they move on to a "real" trial.
Edit: I should add that this should not be used to punish the plaintiff if they lose (or punish them very little), because that would imperil legitimate lawsuits. If you had a valid case, would you dare sue a multinational, if you knew losing the pre-trial meant having to pay their overpriced team of lawyers*?
*As an aside, the defendant should only be allowed the use of the free, public defender in the pre-trial, otherwise this pre-trial would be treated as just another full trial, with all the expense that entails.
- jtbayly 5y agoAnd if they lose the pretrial, the plaintiff has to pay all of what they were suing for to the defendant.
- InitialLastName 5y agoThat, or severe penalties, including reimbursement of all legal costs and the voiding of all copyrights owned by a firm that is found to be attempting to enforce copyright frivolously.
- pitaj 5y agoWhat if we just got rid of copyright? Alternative forms of art monetization already flourish.