This is a fair distinction, but it does make me want to toy with a peculiar thought. As things stand in this community, threats to sue are themselves a costly signal of something even independent of proceeding to trial, because the counterparty can publicize them and get a lot of support from people furious that someone is breaking a norm against such threats.
This is a fair distinction, but it does make me want to toy with a peculiar thought. As things stand in this community, threats to sue are themselves a costly signal of something even independent of proceeding to trial, because the counterparty can publicize them and get a lot of support from people furious that someone is breaking a norm against such threats.