Injunctions are decided in part by whether there is a reasonable likelihood of success on the merits. Saying that one isn't entitled to injunction often means that the court thinks you will lose if the case went to final judgment. In this case, the appellate court directly addressed the fair use issue. Text of decision here
If I'm a doctor, and you sue me for medical malpractice, and we settle for $5 million (the cost of treating your injuries) - probably not nuisance settlement. Same amount of injury, but we settle for $5,000 - that's "go away so I don't need to spend more on legal fees." (A more realistic Pascal's mugging).
Injunctions are decided in part by whether there is a reasonable likelihood of success on the merits
Agreed.
Saying that one isn't entitled to injunction often means that the court thinks you will lose if the case went to final judgment.
Agreed. But that judgement on the court's part is not, itself, a ruling on the merits of the case. It represents nothing more than their probabilistic prediction about what the verdict will or would be. Vacating an injunction does not dismiss the suit.
Text of decision here
Should be interesting, I'll take a look. Bu...
The new discussion thread (part 15) is here.
This is a new thread to discuss Eliezer Yudkowsky’s Harry Potter and the Methods of Rationality and anything related to it. This thread is intended for discussing chapter 82. The previous thread passed 1000 comments as of the time of this writing, and so has long passed 500. Comment in the 13th thread until you read chapter 82.
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