Comment by otterley
6 hours ago
No judge I’ve ever met gave a damn how much a party spent on legal resources. With rare exceptions, they care a great deal about achieving justice, and often bend over backwards to help indigent parties avoid prejudicing themselves. Keep in mind that there are no indigent parties in this debate; both major IP rights holders and the frontier AI companies are well capitalized.
(I worked in a federal district court for a while.)
The problem is that money buys lawyers, and you need those to get justice. If the other side spends more, you are likely to lose.
Which of these parties doesn’t have lawyers? (I’m talking about bigcorps stealing from bigcorps here.)
In a case where both parties have lawyers, having more and more expensive lawyers is not necessarily predictive of a case’s outcome. There are diminishing returns.
What having more resources tends to do is force the poorer party to settle quicker. But that’s not necessarily a loss. Judges still have to approve settlements in the interest of justice.
Not everywhere is the US.