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RIAA sues LimeWire for $75,000,000,000,000

Started by Syt, April 17, 2011, 11:20:56 AM

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Malthus

Quote from: The Minsky Moment on April 19, 2011, 04:43:52 PM
Quote from: Martinus on April 17, 2011, 11:30:47 AM
If they had to pay 1% of this as a court fee (which is forfeited if they lose) they wouldn't come up with ridiculous stuff like that.

Read more carefully.
RIAA already won the case in summary judgment.  The ruling referred to in the OP was in connection with a separate trial on damages.  So a loser pays rule would not deter this as the RIAA already won.

Perhaps not a percentage court costs rule, but the "loser pays" rules in some places are more flexible than that - they can take into account the making of absurd claims that result in further litigation, even if one wins on liability. 
The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

The Minsky Moment

Quote from: Malthus on April 19, 2011, 05:13:16 PM
Perhaps not a percentage court costs rule, but the "loser pays" rules in some places are more flexible than that - they can take into account the making of absurd claims that result in further litigation, even if one wins on liability.

That sounds dangerously vague to me. 

The position that the RIAA advanced was a plausible potential reading of the statute.  Certainly it wouldn't be the first nor the last time that Congress did something that could have an absurd result.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

Ideologue

I wonder how much a "loser pays" system would chill socially valuable litigation?*  I understand that's the rationale for the American rule, but obviously it hasn't caused English rule countries to collapse in themselves or anything like that.

*Not a great deal of which is to be found this particular example, obviously.
Kinemalogue
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