alt Hacker NewsI think people vastly overstate the amount of actual risk companies are taking when they engage is possibly illegal behavior, especially on this forum.
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Having been on the sidelines for spurious claims of this nature, these sorts of lawsuits are a huge risk: the cost of mounting a defense can easily bankrupt a small business, even if the claims turn out to be baseless.
Even in the case of complete innocence, it often becomes a he-said-she-said situation, and the outcome boils down to which side presents the best set of “facts”.
I use quotes there because my broader experience with the court system routinely shows that it does not need be burdened by the “truth” or “facts”. That is probably because the regular cast in those venues are literally trained and practiced liars.
Likely true, and I’m sure many companies go unpunished despite engaging in it, but that doesn’t make it a good idea, and probably the kind of thing that could ruin a small business if they did get caught up in it.