[Am-info] Re: MS Depositions

[Sujal Shah]

On Thu, 2002-01-31 at 08:24, John J. Urbaniak wrote:
> 
> 
> Marcus de Geus wrote:
> 
> > Quite so, but M$ can afford to pay up, just as they can afford to answer any case with the best available means, and if they have to pay up, it will be at the conclusion of a case at the very earliest. On the other hand, any opponents will need the same kind of serious money (and other resources) from the outset to see them through the protracted (we're talking M$ here, remember?) court proceedings in the first place. Not many companies can, or are willing to, risk that kind of money on the off chance of getting it back at the end of a long run that may well see the company to its grave before the case is over.
> >
> 
> This is a myth.  Microsoft is very vulnerable in court.  They have a long history of losses.  And *the loser* can be held responsible for legal fees.
> 

John, you're missing an important point... Most lawyers, especially in
that arena (corporate lawyers and the better law firms), do NOT work on
contingency.  They view it as an ethically problematic and, in some
cases, beneath them (the upper tier of firms).  I have a friend who is a
Harvard Law School trained lawyer who works at one of these types of
firms... I had a long conversation with her about what my options would
be if I ever crossed some invisible line with regards to the DMCA or
UCITA.  

The options for the little guy are not good, and our justice system
allows a certain amount of stalling (extra discovery, motions, etc).  A
company has to have enough cash to keep paying their legal bills.  This
isn't cheap.

Sujal

> John
> 
> 
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