On Thu, 2003-10-23 at 13:49, Doug Meerschaert wrote:

> Now, I have to go before a judge, possibly in Washington, and argue my 
> case.  And the cost of the lawyer will likely eat up any profits I 
> gained from my adventure.

There are two halves to the so-called safe harbor.  In the scenario you
outlined above, the other party would be incurring fees and costs as
well (and possibly more than you'd incur in response).  The "safe
harbor" is designed to mute the desire to sue by reducing the value of
doing so by decreasing the chance of winning, as well as to increase the
value of fighting such a suit by increasing the chance of successfully
defending against it.

When the economics of the situation are out of balance enough, suits of
questionable merit won't happen except in extraordinary circumstances.

Ryan


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