alt Hacker NewsI think there's a distinction to be made between "a nuisance complaint" and "a legitimate complaint whose presumptive odds of succeeding in court are less than guaranteed"
I think there's a distinction to be made between "a nuisance complaint" and "a legitimate complaint whose presumptive odds of succeeding in court are less than guaranteed"
When the odds of success are 99% but not 100%, that's not going to deter a lot of people.
When the odds of success are 50/50, in this context that's a nuisance complaint because making it "free" to turn all of those into real adjudications would flood the system with exactly the cases where the outcome is unclear which are correspondingly the hardest to efficiently resolve. The only practical way to address that is to clarify and simplify the rules to begin with so that the outcomes are predictable rather than ambiguous, and then we're back to not really deterring anyone because it's obvious who is going to win.
And in the meantime plugging up the system with unlimited questionable complaints isn't very prudent.