Thanksformusic: Without writing a book, the only answer I can give you is the same one I have championed about the legal system for the last four or five years on this board. To me, the system is not flawed as such. Granted it can be very slow and at first blush to one not in the pits, the times involved are justice delayed. But without the absolute right to hire a good litigator and go toe to toe to defend or pursue your rights, regardless of wealth or power, there can be no justice. It is the right of access to the courts to redress wrongs that is justice, not the time it takes.
In our case, we who support and believe in IDCC have been led to believe that we have the goods and that the big boys are stealing from us and using the legal system to drive us from the playing field. And, unfortunately, I would be afraid to invest in a company with no funds to protect themselves from the big and powerful.
On the other hand, the giants in our industry who employ and feed many thousands of employees, pay hugh dollars to governments in taxes, have money and patents, claim we are nothing but trolls out to rob them and the public of the benefit of cheap goods.
Now, who is right? Them or us. Who is telling lies? Them or us. So, how do you get an answer? The only possible answer in a free society is to grant access to the legal system where the rules and procedures are designed to bring out the truth and where hopefully justice (truth) will eventually prevail. The problem is that the unscrupulous, with big money, who are willing to lie, cheat, hide and manipulate the system make it look flawed. How you guard against this can only be by giving the judges the power to punish and punish big. Hopefully, if IDCC is in the right, the judges will see how SAM and NOK have conducted themselves and if they believe they have delayed justice to IDCC frivoulously, they will punish them severely.
Lastly, it is important to keep politics in mind. Everytime a small fry nails a biggie, they go running to the press and their lawmakers yelling runaway jury and demanding judicial reform to protect them. They yell that the citizens of our country are being robbed by lawsuits. They lobby lawmakers until they get laws to protect them from their wrongs. Where it ends, I don't know. I only pray that the right to seek justice is retained for all and not legislated away by the rich and powerful. If that happens, there will be no justice.
IMO opinion only based upon 35 years of trials and not usually agreed to by the rich and powerful.
G Hors
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