At 6:15 AM -0700 5/6/04, Hallam-Baker, Phillip wrote:
I repeat my plea: cite which rulings you are referring to.The cases against MAPS say essentially nothing about what any court accepted except at the vaguest sort of level. No court decided anything beyond pre-trial matters in any of the suits against MAPS. All those cases proved is that it is a bad idea to beg to be sued by companies that might do so with no intention of ever going to trial.Pre-trial rullings are court decisions, they address issues like 'is there a set of facts which could allow a claim of this sort to succeed'. As such they are not 'vague', they address the exact issues being discussed here.
I said no such thing.Pre-trial is where questions of law get decided. So saying 'no court decided anything except questions of law' does not help when you are debating a question of law.
The only MAPS case where collateral damage was an issue at all was the Media3 case, and Media3 failed to convince the judge that their case merited any soirt of preliminary injunction.The collateral damage issue only gets raised in a handful of early cases. then it just goes away. I think there is a reason that none of these cases would come to court, they simply don't need to.