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Loser pays

Loser pays

Posted Nov 22, 2012 19:33 UTC (Thu) by Wol (guest, #4433)
Parent article: Security quotes of the week

Just implement the system, as in most of the rest of the civilized world, where it assumes - in all probability - that one party in a law suit is not behaving in good faith. And that person should pay the cost.

So, in this particular case, if you send a takedown notice I reply with a put-back. If you decide to take it further, and I win, you end up paying me my solicitors costs, my losses while my stuff is down, etc etc. Basically, you have to make me whole for your false accusations.

And if it's your automated system making the mistakes, it's rather expensive to pay real people to put it right :-)

It'll only take a few people starting to fight back, and the game will very quickly cease to be worth the candle for the MAFIAA.

Cheers,
Wol


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Loser pays

Posted Nov 24, 2012 6:18 UTC (Sat) by steffen780 (guest, #68142) [Link]

Wouldn't really work, thanks to the insane concept of a legal person. Patent/DMCA/copyright trolls could simply set up a company for each case or group of cases to limit their liability. And this isn't even abusing the system, that is the very point of the system. They're called "limited liability company" for a reason. So we'd also need to abolish at the very least the ability of legal people owning (part or whole) of other legal people. Or at least cancel the "limited liability" part for second/third/fourth/etc. level legal people.


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