Comment by shalmanese

1 day ago

If you want to fight it in court, you go fight it in court and waste a bunch of money, but if you don't lift a finger, then it enters default judgement. But in default judgement, the plaintiff still needs to demonstrate standing. Otherwise, I could randomly sue a bunch of random people for random nonsense and bank on most of them entering into default judgement.

If I'm a patent troll spraying and praying patent violation suits, I still at the end of the process still need to prove to own the patent I claim I do.

In this case, we know there is a lower cost to producing the document that Activision will not want to bear because the total they can recover is below just the cost of producing the document that proves standing. Why would I not just let it go into default judgement, knowing it's toothless?

Sometimes company will go to court and lose just to discourage others thinking the same elsewhere.

  • Yes, but I don't know how more clearly to say this, it's not the court bit of it, it's forcing them to go dig into the archives. They will not do that, especially because there's also a risk of them definitively not being able to find this piece of paper and then having an even weaker claim than they had before.

    • > They will not do that

      Says you. But companies can be extreme maximalists when it comes to copyright, and burn money just to "hit 1 to 'educate' 100".