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Or perhaps Apple has really good lawyers, and whenever a case looks like it might set precedent they settle out of court?
by fyrn_ 3y ago
Or perhaps Apple has really good lawyers, and whenever a case looks like it might set precedent they settle out of court?
- tinus_hn 3y agoReally good lawyers still can’t defend textbook cases. But you mean to say that for all those indie developers who got their life’s work destroyed it was about the money anyway? Why would you settle otherwise?
- AnthonyMouse 3y ago> Really good lawyers still can’t defend textbook cases. In many cases they can, because while the violation is textbook, they find some unrelated technicality to have the case dismissed. The plaintiff is in the wrong jurisdiction, or filed too late, or too early, or agreed to a binding arbitration clause etc. etc. And when they run out of all of that, they open their wallet and pay the plaintiffs to settle so the prospective loss doesn't set a precedent against them or result in an injunction that would order them to discontinue their behavior in general.
- tinus_hn 3y agoSo it’s not a textbook case after all?
- AnthonyMouse 3y agoIf you're making the excessively literal claim that they don't put cases dismissed on procedural grounds in the textbook, actually sometimes they do, because the procedural issue gets appealed and the appellate court writes a significant opinion about it. But that still doesn't affect whether the substantive issue is a textbook case. You could have the facts of the case exactly match an existing Supreme Court precedent, but that doesn't help the plaintiff if the statute of limitations has run.