Dynamist Blog


All Buffy jokes aside, the Spike suit illustrates the problem with frivolous litigation. As trial lawyers defending the current system never fail to point out, plaintiffs don't necessarily win silly or publicity-seeking lawsuits. But even unsuccessful or abortive suits exact costs from defendants and the court system. Those costs include not only the time and money spent directly on the litigation itself but all the ways the litigation screws up the defendant's life or business. For Viacom, that's $17 million and counting.

Aside: I don't even want to think of how much productivity the Microsoft antitrust case drained from the U.S. economy. Forget Microsoft itself. Consider what the distraction cost Sun--which favored the litigation to the point of obsession.

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