"Loser" here means... >50% liable for what happened? Civil suits don't always have 'winners' and 'losers' in the same way criminal cases do, and even if this sp

"Loser" here means... >50% liable for what happened? Civil suits don't always have 'winners' and 'losers' in the same way criminal cases do, and even if this specific concept doesn't apply here, it does in other parts of this kind of law, so if we're applying the 'loser pays' notion generally it has to be addressed. Also, this would make it pretty much impossible for smaller parties to go after larger parties, because there are no sure things in law, and losing a case in a 'loser pays' system could make you liable for whatever the larger party could afford to pay for lawyers. IBM's legal fees don't come cheap.