Comment by compiler-guy
1 day ago
How much should the preemptive-plaintiff be willing to spend to get the declaratory judgement? And why would one expect to win? It is very clear that some combination of the three companies have the rights, and all they have to do is agree collectively to win. Each firm individually probably spends more on lawyers every month than normal people do in their lifetime. They have lawyers on staff, so their marginal cost of being hasslesome to you in court is near zero.
It's all risk-adjusted cost/benefit, and there is almost no practical benefit to taking the risk. Yes, it would be nice to clear up the legal ownership rights and to have a non-pirated version available. But as an economic matter, there is almost no value.
Yes, I get that the legal system can be horrible and adds some pretty ridiculous overhead and costs. I was just pointing out there is a path to actually clear this thing up - a process to give the possible-rightsholders notice that they have to actually respond with concrete evidence or drop the matter, rather than lazily sending "we might care" nastygrams. And doing that that would certainly be much less than being on the receiving end of a lawsuit with damages after paying for development.