decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

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.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
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 | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )