The most horrible part is that _they are allowed to drop their case anytime_ in the UK civil court. In previous cases when the accused has run out of money, the defendants have to pay their costs [1] to keep the trial running - with zero chance of being able to recoup costs because the accused will be bankrupt anyway. The UK state should not make private individuals fund the creation of novel case law; it's absolutely stupid.
> The UK state should not make private individuals fund the creation of novel case law;
If you read the appeals decision (and the decision that granted the permission to appeal)-- that seems to very much be the motivation here too: Case law on this subject would be intellectually interesting and potentially important in the future, so lets leave these foreign defendants on the hook to help establish it.
Beyond the ethical problems with that position to begin with, this is a terrible case to try to establish anything because it's so factually conflated that all the resources are going to go to sorting through the plaintiffs lies. The defendants don't have any particular interest in the UK establishing good law except to the extent that bad law in the UK may have international ramifications. (and even there not much-- defendants aren't businesses, they're volunteer developers many (most?) of whom have already quit participating)
The most horrible part is that _they are allowed to drop their case anytime_ in the UK civil court. In previous cases when the accused has run out of money, the defendants have to pay their costs [1] to keep the trial running - with zero chance of being able to recoup costs because the accused will be bankrupt anyway. The UK state should not make private individuals fund the creation of novel case law; it's absolutely stupid.
[1] https://www.dpsa.uk/wp-content/uploads/2021/11/Malkiewicz-v-...