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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Re: Why do the amici briefs focus so much on business models? | 287 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Re: Why do the amici briefs focus so much on business models?
Authored by: Wol on Wednesday, June 05 2013 @ 09:56 AM EDT
You miss an important point.

In America, a lawsuit pretty much ALWAYS does a lot of financial damage to the
defendant. It is also seen as a right for anyone to take any grievance, real,
petty, or imaginary, to the courts.

This encourages the rich to sue at the drop of a hat.

Oh - as for saying "it should be a matter for the legislature", ask
yourself how many of your elected critters actually read all the laws they pass?
Is it indeed POSSIBLE for them to read them all?

Certainly in the UK system a lot of law is written by civil servants under the
guidance of the legislature, simply because there isn't enough time. In America
I gather it's common for congresscritters to be given a huge tome to read in the
morning, and vote it into legislation in the evening.

In common law countries, it makes a lot of sense for the judiciary to have a
clarifying role, making law by precedent (ie "common" law). The
problem is the American system encourages parties to try every trick in the book
leading to scenarios like this.

In most other countries, where it is common for the loser to pay the winner's
costs, there is a disincentive to gamble like this.

Cheers,
Wol

[ Reply to This | Parent | # ]

Re: Why do the amici briefs focus so much on business models?
Authored by: PolR on Wednesday, June 05 2013 @ 12:37 PM EDT
> So why not concentrate on these to preclude
> interpretations supporting the other side?

This must be done too. It is important to remind the courts of both precedents
and the consequences of the decision.

[ Reply to This | Parent | # ]

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