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Who decides if they are baseless? From the post MMM can't even decide: "From what I could tell, there wasn’t much merit to their complaint."


No, the parent is right. My own attorney even describes the current system as extortionate.

Even if this claim is not found to be technically frivolous (a legal term that carries a standard), the current system offers little or no penalty to those who use the courts as a bullying tactic.

If you say or do something that someone doesn't like, then they just sue you and force you to spend exorbitant amounts of money and time to defend yourself, or otherwise just capitulate to their demands. Even the effort required to show that something is frivolous can be expensive, as the standard is high.

The current design absolutely favors those with money. The defendant can win handily but stand very little chance of even recovering their attorney's fees.


MMM is not a lawyer. As an analogy, consider CFAA and other "hacking" related prosecutions where the layman might not be able to tell if a charge is without merit, but a domain expert acting in good faith can.




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