Comment by AlwaysRock
5 years ago
>> It goes both ways. Imagine Replit’s attorney going after OP. If OP didn’t take down the site, then suing them is going to be a huge expense & waste of time. Is Replit really gonna pay some corporate attorney $600-ish per hour to harass someone? You don’t even need a lawyer to show up in court and say “I’m a broke ass new grad, and these guys are trying to take down my website. I don’t even know why, but I’m dragging it out because I don’t like being bullied.”
You are really underestimating how petty a lot of people are. I was sued for way less than this and the company suing me stood to gain nothing. Companies often have lawyers on retainer for this reason.
You also underestimate the massive stress a lawsuit entails.
I think the problem here is that Repl.it’s CEO is not spending his own money.
Do you think Repl.it's investors and board will be happy with the company using its money to pursue this lawsuit that is unlikely to prevail?
They probably wouldn't even notice - especially if the lawyer's on retainer
John Oliver is actually a really good source for this sort of point as he dedicated an episode[1] to the trials and tribulations of his lawsuit against Murray Energy - something he described as a SLAPP suit which I think is a fair viewpoint.
The replit case is especially interesting since it could be a lot more personal (because the dev behind it previously worked for them and people hold grudges) and also because it might actually be a lot more valid then a lot of other frivolous C&Ds we see (since they were a former employee and it would be impossible to claim they were unaware of how replit worked at a very basic level). I think this lawsuit is a lot riskier than most and replit certainly does have a leg to stand on in open court.
1. https://www.youtube.com/watch?v=UN8bJb8biZU