litigated

Like many legal arguments that haven't been heavily litigated, the outcome is somewhat uncertain.

In the event such a clause is litigated, believe me, in modern law, it will not serve as a model for future drafting.

What you're saying doesn't seem so outlandish: be careful when you blog about stuff that's currently being litigated.

Because almost everyone follows sensible laws so they only need to be litigated in rare outlier cases.

It's never really been litigated, but a reading of law would seem to say it's not legal.

Blekko's was pretty strictly boiler plate, IBM's has clearly been litigated a few times and the terms stated more clearly.

This sort of contract language gets drafted every day and does not normally get litigated.

I think we've litigated that point to fucking death, and shown my initial round-number estimate was reasonably accurate.

I'm not proposing abolishing the courts, so presumably the highly hypothetical scheme you've just described world be litigated in court.

Actually the two named example given, Napster and Kazaa, where out-litigated.

Recording a film from TV is copying as well, but that was litigated all the way to the Supreme Court, which ruled that it was legal.

This is a complex area of law, which I'm guessing you haven't personally litigated, so you incorrectly compare it to the software patent issue.

It implies that "space shifting" is fair use, but it's also pretty clear that fair use is not what's being litigated.

The phrase that the Supreme Court seems to like when it talks about Full Faith and Credit and challenging judgements on jurisdiction is "fully and fairly litigated".

Once the jurisdiction issues is "fully and fairly" litigated (such as in the original court in the case where the defendant does participate), it cannot be subsequently challenged in a collateral attack.

"Not counting California and Hawaii, where this is still being litigated, every other Federal judicial challenge to a restrictive concealed carry regime has failed" And D.