No Fat Lady singing yet....
While a motion for dismissal has been filed in the USA, the case is still open and no ruling has been made. GOOG filed for dismissal once already, and were denied.
We apparently don't have anything as to a request for dismissal in the GOOG and NFLX cases in Germany, nor as to whether the grounds for dismissal used here in the USA can also apply in Germany. That doesn't mean it hasn't happened, but no news of such a filing is out there, as far as I know.
GOOG's legal team will use any and all tricks they can to dismiss or delay the case, or to posture for some type of argument. It's what they do.
MAXD's legal team is every bit a match to GOOG's, they're Goliaths in their own industry. I'm sure they've faced this type of dismissal request before. Just because GOOG files a legal document, it does not mean it is immedietely made into law.
I too have little confidence in MAXD management's ability in a legal battle against Googliath, but I have strong confidence in their legal team. With regard to any agreements with VSL to pursue the lawsuit, I'm confident all agreements were reviewed and written up by legal professionals before any principals signed. I'm only speculating though, and more information will be needed to confirm anything currently transpiring.
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