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This is probably true... but listening exclusively to the corporate lawyer may turn out to be a costly mistake for SO at this point, given that the entire business model is based on trust and (usually very well-paid) people giving slices of their time away for free.
– Pekka
Commented Oct 24, 2019 at 9:47
4

See also How can we move forward if SE will not admit to wrongdoing for legal reasons?.
– Raedwald
Commented Oct 24, 2019 at 9:56
4

@Pëkka that's a business decision, not a legal one. Legally, there's a clear exception to be thrown. The question is whether SE management wants to handle that exception or make the user (Monica) handle it. In this case, since the exception seems to have made it through to release, I'm trying to give some advice on how to handle it as a user.
– Daniel F
Commented Oct 24, 2019 at 10:20
4

Aand I think I just used up all my metaphors for today.
– Daniel F
Commented Oct 24, 2019 at 10:20
4

I'm sure there are ways to do this to satisfy both sides. And Monica has edited her post to add: "I am willing to sign an agreement in which they address #1 (in ways to be specified) and I agree not to litigate. I had already assumed that would be part of any settlement. I assume lawyers on both sides will be involved in writing and reviewing this agreement."
– Cyn
Commented Oct 24, 2019 at 14:45
3

@Pëkka They wouldn't be the first company to ride a lawyer's advice into the ditch. Lawyers will protect you against a certain type of trouble, but can lead you into more existentially serious harm.
– Ask About Monica
Commented Oct 24, 2019 at 16:27
6

I believe Monica has already indicated a willingness to forego a lawsuit if her demands are met, which would alleviate the prospect of legal liability for SE issuing a public apology for the handling of her particular case, etc. There is nothing stopping them from doing that. Admitting it happened once is not an admission of doing it to anyone else.
– Amadeus
Commented Oct 24, 2019 at 22:26
Huh, now I'm wondering if the forced relicensing was a deliberately planted killer switch. It's clearly super-illegal but nobody actually opposes it, so if people like SO nothing happens, but if SO misbehaves people can sue them and ensure they lose big.
– Leopold says Reinstate Monica
Commented Oct 25, 2019 at 4:14
1

If that corporate lawyer is worth their retainer, they'll know they have an upcoming civil case they're going to lose, and would advise their client to mitigate the harm to Ciello as much as possible (even without admitting it outright). This hasn't happened.
– einpoklum
Commented Oct 25, 2019 at 18:03
1

@einpoklum "an upcoming civil case they're going to lose" - but only if it went to a final judgement. What makes you think an uncaring multi-million-dollar company wouldn't drag it out for years, until Monica's lawsuit collapses for lack of money? Civil lawsuits are generally decided not by the weighing of arguments but by the depth of the litigants' pockets.
– Chappo Hasn't Forgotten
Commented Oct 26, 2019 at 6:15
@ReinstateMonica: Why would the case cost that much money (other than lawyer overbilling)?
– einpoklum
Commented Oct 26, 2019 at 8:54
1

The party with deep pockets draws things out with endless processes (over several years) that the other party needs legal representation for. If they finally lose, they appeal and use the same approach. If that fails, they appeal to a higher court, etc. See also McLibel for how a big corporation can approach libel lawsuits - somewhat different scenario, but the big picture is how you can drag things out (in that case, ten years!).
– Chappo Hasn't Forgotten
Commented Oct 26, 2019 at 21:36

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