It sounds like the "expected" return on litigation may be positive for small legitimate startups, so that over the long run, it might be expected to work our we

It sounds like the "expected" return on litigation may be positive for small legitimate startups, so that over the long run, it might be expected to work our well for small startups. However, each individual small company may not want to risk their survival on hard-to-predict judicial idiosyncrasies.