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A comment on Replit used legal threats to kill my open-source project. Parent comment

Re:Replit used legal threats to kill my open-source project by bluGill on Monday June 07, 2021 @05:02PM (#27426867)
In the US there is no loser pays clause - except that you can sue for legal fees as well. There are pros and cons of both, with no clear winner.
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Re:Replit used legal threats to kill my open-source project by User23 on Monday June 07, 2021 @05:24PM (#27427169)
In the US it’s way more complicated than that, and not just because there are 50 states that all have their own laws on whether or not the prevailing party can recover costs and it furthermore depends on the specific action.
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Re:Replit used legal threats to kill my open-source project by jfrunyon on Monday June 07, 2021 @06:08PM (#27427804)
FALSE! FALSE FALSE FALSE! There are many, many circumstances in the US where the loser has to pay costs and attorneys fees. Like copyright infringement. https://www.copyright.gov/title17/92chap5.html#505
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Re:Replit used legal threats to kill my open-source project by naikrovek on Monday June 07, 2021 @09:55PM (#27429790)
TRUE TRUE TRUE TRUE! there is no "loser pays costs" rule/law for the entire US. it is a case by case thing, determined by a judge, in most cases, even in copyright cases. the link you posted even says that.

the comment you replied to was saying that there is no nation-wide law protecting victims of unnecessary or unjust lawsuits, and there isn't. you simply cannot count on getting your costs paid for if you win in any case.

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Re:Replit used legal threats to kill my open-source project by jfrunyon on Tuesday June 08, 2021 @11:57PM (#27444069)
No. They were replying to & contesting a comment which stated that there was a risk of having to pay legal fees. That risk is indeed there.
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