Originally Posted by sureshs
In the US, losers can also be asked to pay, depending on the case.
One has to be careful that it is not used against individuals being exploited by a corporation. It often takes many lawsuits to bring big corporations to justice, as they try their best to bankrupt anyone filing a lawsuit against them. There have also been many civil rights cases where the initial decisions were unfavorable, until it was clear that there was a pattern.
The loser pays all the time idea is horrible. No one can know what the outcome will be. It will be fundamentally biased in favor of those with deep pockets.
This happend in California to Lady Miss Kier of the old rock group DeeLite?
Sony wanted to use her as a charatcer in a video game or animated production iirc. She said no based on their offer. They used the character anyway and she sued, lost, and was held liable for Sony's MASSIVE legal bills.
Musicians who try to sue big companies for "sound alikes" face the same issue. A corporation wants to use a popular song for an ad. If they can't get the original on terms they like they hire someone to make a "sound alike" clearly based on the original and often confused with the original but just different enough leaglly to stand up in court.