Klaus, > I understand. It must be courts misinterpreting these rules, then.
That's a straw man. It's the duty of the courts to interpret the law, and unfortunately interpretations vary from one judge to the next. "Misinterpretations" ideally are corrected by the appeals process until it gets to the highest court in the jurisdiction. And even then the interpretation may not be to your liking, which is why the process of appointing judges has become so politicized in modern history.
Either way, Kate's point stands. Every business is in it for themselves. Playing nice is only done when both parties are in a win-win scenario. When it comes to competition, however, all's fair in love, war, and business. That includes filing lawsuits, using it in a PR campaign, and trying to shop for the court that is most likely going to rule in your favor.
Tenchu