I would like to see someone create an plugin that would give a warning if you went to a site that had used obnoxious legal bullying to harras small sites. I realize policing who gets shown on such a list would be a big job.
I would love to have someone reliable do this and then I could chose to just not deal with such sites (or decided well yeah I don't like using lawyers to bullying but I am willing to sell out my principle because this site is so cool I can't live without it).
The way to counter the strategy of paying lawyers lots of money to bully your small competitors is to setup a method that forces those companies to suffer the consequences for their decision. I would be happy to help that process, but I can't keep track of who is doing the bullying.
This type of providing better information so I (and others) can make informed decisions not to use sites with practices I find obnoxious is something I would really love to see. Both for this type of obnoxious behavior but really a platform could support all sorts of notices on whatever people object to (probably using lists from whatever they care about World Wildlife Fund, NRA, EFF or whoever).
I don't think the legal system is going to be reasonable. We need a solution that allows the market to enforce an acceptable code of conduct with consequences for being obnoxious (even if the legal system thinks it is fine).
I believe the marketplace would be greatly improved if we improved transparency to let us factor in bad behavior by companies to our decisions. I am sure tons of people don't care. But if enough people do care, it will mean companies have to pay for their decisions to engage in obnoxious behavior.
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