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Loser-Pays rule

Revision as of 10:03, 18 June 2014 by Ciaran (talk | contribs) (typo)

Red alert.png What this entry documents is not a solution.
This practice may be ineffective or useless in the long term.
ESP's position is that abolition of software patents is the only solution.


With a "loser pays" rule, the loser of a court case would have to pay the legal costs of the case.

This system is advocated by Microsoft,[1] among others.

This greatly favours big rich companies because the legal costs of one court case can't bankrupt them, as it can a small- or medium-sized business.

Related pages on ESP Wiki

References

  1. http://www.geekwire.com/2013/microsofts-patent-tracker-push-transparency/ "Microsoft is also asking the U.S. Patent Office to increase its standards for patent reviews, and advocating a “loser pays” system for curbing frivolous lawsuits."