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| Authored by: jmc on Monday, June 17 2013 @ 05:21 AM EDT |
I don't know if the US legal system is broken so much as unable to cope with
abuse of it on the scale SCO perpetrated.
The courts everywhere are predisposed to assume that people who pay lawyers and
the court filing fees must at least think that they have some genuine grievance
to air.
I know PJ isn't a fan of the British "loser pays" costs regime, and
I'm sure a lot of meritorious cases never reach the British courts because
people are frightened of the consequences of losing especially on a 51/49 point,
but it's hard to think that SCO would have lasted more than 6 months in a
"loser pays" regime. There are rules about sanctions for vexatious
cases in the US, but they only apply at the end of the case, not as you go
along.
As for IBM's costs, I should imagine that CSM are on a permanent retainer to
clear up all the junk cases that IBM get hurled at them with every postal
delivery, so although at some points SCO have been more irritating than most,
IBM probably see it all as part of the costs of doing business.
Not that they won't want to see SCO dead and buried with a huge smoking crater
where they used to be as a permanent warning not to mess with IBM without a
reason.[ Reply to This | Parent | # ]
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| Authored by: jjs on Monday, June 17 2013 @ 05:34 PM EDT |
> It's a wonder IBM isn't bankrupt after 10 years of paying
lawyers and staff to fight this ridiculous lawsuit.
The amount they've paid on lawyers fighting this is trivial considering IBM
profits and revenue. However, NOT fighting it would be very expensive indeed.
TSG accused IBM of violating a contract and stealing from a supplier. IBM lives
and dies by contracts - they depend on their customers and suppliers both being
certain that when IBM signs a contract, it honors it in letter and spirit. This
lawsuit directly challenged that. In addition, if IBM paid off TSG, they would
be subject to every two-bit operation out there trying the same stunt and
demanding money - they can't afford to pay them all off. From my perspective,
this is a case where the IBM can't afford NOT to fight, and fight with every
tool the Nazgul have.
---
(Note IANAL, I don't play one on TV, etc, consult a practicing attorney, etc,
etc)
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