Sony haven’t lost the original lawsuit, the question was referred to a higher court, but from what I understand, the appeal court in Germany still holds jurisdi

Sony haven’t lost the original lawsuit, the question was referred to a higher court, but from what I understand, the appeal court in Germany still holds jurisdiction over the case. Either way, it’s not a given that legal fees would be awarded. This can also have a chilling effect, and so is not as good for the legal system as it sounds. If I have a decent case against a big company, and they spend millions on defence and get off on an esoteric point of law, I shouldn’t need to pay their multi-million dollar legal bill. Otherwise a company can just spend huge amounts on legal costs as a way to encourage unfavourable settlements (“hey, our legal bill is up to 12 million already, we know you think you’re entitled to 5 million but we’ll give you 50k to settle today. It’d be a shame if we made it to court and you lost and had to pay our lawyers…”)