Naatan
Well-known member
This is actually extremely rare - and, just guessing here, may be more related to the lack of proper moves on the part of the XF legal team.
The courts usually keep in mind the fragility of small business v bigger ones. Also, there are strategies which smaller companies can use to fight - especially the court of public opinion:
http://boss.blogs.nytimes.com/2011/10/03/defending-david-against-goliath/
Of course, these are not the domain of software developers.....which is why, if it were me, I'd have been running to the EFF and every other available "internet freedom" group from day one.
If pressure, in the form of bad PR and lost sales, can be brought against IB.....in a coordinated fashion, they are very likely to settle or give up. Again, all complete speculation, but maybe arbitration can work. IB has a good product and, if they have sane decision makers, why wouldn't they want to do away with the bad blood this is causing and more on to more sales and profits?
Sometimes, though, companies and individuals get a "bone up their arse" in course language...and do things against their own interests. But I find that to be the exception rather than the rule.
If this is the case I find it weird that they are currently in this situation. The lawsuit is so obviously frivolous due to the fact that they got sued before anyone was even able to view a single line of source code.