"will attempt to tie Kickstarter in through some theory of shared negligence and structure that demand such that Kickstarter's percentage" I have the highest r

"will attempt to tie Kickstarter in through some theory of shared negligence and structure that demand such that Kickstarter's percentage" I have the highest respect for grellas but I agree with what you are saying based on many years in business. (Most) Lawyers tend to evaluate things strictly from the legal perspective even taking things up to the "what would the scotus say if the case were brought to them?". Business people have to incorporate lawyers thinking but overall strategy is equally important. Kickstarter doesn't need a case that drags on or any publicity and something like this hanging over them (no matter how dubious a possibility) could easily effect funding going forward. They do have pockets (deep or otherwise) and there is a leg to stand on here (as you mentioned). It's not about whether in the end a case would succeed or not. Another possibility: Some newly minted class action attorney will take this case solely for the publicity value not caring much even about the eventual outcome.