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"Speculative" lawsuits are an intentional feature of the legal system. That is why, after a lawsuit is filed (which requires a somewhat lower standard of proof
by fiatmoney 12y ago
"Speculative" lawsuits are an intentional feature of the legal system. That is why, after a lawsuit is filed (which requires a somewhat lower standard of proof), they allow for the process of "discovery", where you can subpoena for records you don't already have that may prove (or disprove) your case.
- true_religion 12y agoIntentional does not always mean good. I'd argue that the total damage to society done by allowing speculative lawsuits where the intention is just to scare or defame someone into settling, by far outweighs the benefit done by also allowing speculative lawsuits done for more noble purposes.
- harryh 12y agoIt's interesting that you would argue that. What evidence do you have to support that position?
- spacemanmatt 12y agoI consider myself a radical patent reformer, but I still can't agree to your assessment of relative harm. There is definitely room for improvement in defense, as well as repairs in cases where the suit was not merited. However it is also important not to cut too far in favor of patent defense, because small guys still need to be able to collect from big companies. In short, this is a system that needs some tweaks to punish abusers, but not a complete overhaul. IMO.
- mejari 12y agoAre you aware of the number of speculative lawsuits done for more noble purposes? I'm not, but it seems like you'd have to know that if you were to claim that they aren't worth it.